HomeMy WebLinkAbout227-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 227-19
File Number: 2019-0630
PROPOSED ARKANSAS NUTRIENT WATER QUALITY TRADING REGULATION NO. 37:
A RESOLUTION TO EXPRESS THE OPPOSITION OF THE FAYETTEVILLE CITY COUNCIL TO
THE CURRENTLY PROPOSED ARKANSAS NUTRIENT WATER QUALITY TRADING
REGULATION NO. 37
WHEREAS, Fayetteville was the first of the four charter members of the Northwest Arkansas Nutrient
Trading Research and Advisory Group (NANTRAG) to join when Mayor Jordan, after City Council
approval, signed the Agreement on May 5, 2016; and
WHEREAS, Fayetteville has paid $35,000.00 as its share for legal services to draft a regulation that
Fayetteville hoped would provide a transparent, environmentally protective, fully monitored and enforced
Nutrient Water Quality Trading Program; and
WHEREAS, Fayetteville supports the basic idea of permitting nutrient trading if such trading is
regulated sufficiently to ensure water quality in the Illinois and White Rivers is improved in the most
cost effective manner possible; and
WHEREAS, the Fayetteville Water and Sewer Committee and the whole City Council studied the initially
proposed Regulation 37 and requested that NANTRAG revise its proposed Regulation 37 "to better protect
our reservoirs, environment, endangered species and waterways", Resolution No. 173-19; and
WHEREAS, the proposals of the City of Fayetteville and Beaver Water District to improve the
proposed Arkansas Nutrient Water Quality Trading Regulation 37 were largely rejected by the other three
members of NANTRAG; and
Page 1 Printed on 1012119
File Number. 2019-0630
Resolution 227-19
WHEREAS, the currently proposed Arkansas Nutrient Water Quality Trading Regulation No. 37
proposed by NANTRAG is too loosely worded, fails to properly and clearly define important terms, applies
too broadly so that "Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, Natural and
Scenic Waterways" may be adversely impacted; and
WHEREAS, the organizing Agreement to form NANTRAG requires that the "approval of final draft
regulations to be submitted for consideration by any state or federal agency" requires "A unanimous vote of
the members, which may be further contingent upon any necessary authorization by their respective City
Councils"; and
WHEREAS, the Fayetteville City Council does not approve of Regulation 37 without the amendments
by the City of Fayetteville and Beaver Water District to better protect the water quality of Beaver Lake
and the Illinois River.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its opposition
to the version of Regulation 37 that NANTRAG's other three members have approved and wish to present
as its proposed regulation to ADEQ or Arkansas Pollution Control and Ecology Commission.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intention to
oppose significant portions of the proposed Regulation 37 for Nutrient Trading before the Arkansas
Department of Environmental Quality and Arkansas Pollution Control and Ecology Commission and will
work in conjunction with the Beaver Water District to support revisions to the regulation supported by
the City of Fayetteville and Beaver Water District.
PASSED and APPROVED on 10/1/2019
CLFR �4zi
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Attest: ���r%•'`9` �To •0�`
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Lisa Branson, Deputy City C1er 111hinio
Page 2 Printed on 1012119
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0630
Agenda Date: 10/1/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 4
PROPOSED ARKANSAS NUTRIENT WATER QUALITY TRADING REGULATION NO. 37:
A RESOLUTION TO EXPRESS THE OPPOSITION OF THE FAYETTEVILLE CITY COUNCIL TO
THE CURRENTLY PROPOSED ARKANSAS NUTRIENT WATER QUALITY TRADING
REGULATION NO. 37
WHEREAS, Fayetteville was the first of the four charter members of the Northwest Arkansas Nutrient
Trading Research and Advisory Group (NANTRAG) to join when Mayor Jordan, after City Council approval,
signed the Agreement on May 5, 2016; and
WHEREAS, Fayetteville has paid $35,000.00 as its share for legal services to draft a regulation that
Fayetteville hoped would provide a transparent, environmentally protective, fully monitored and enforced
Nutrient Water Quality Trading Program; and
WHEREAS, Fayetteville supports the basic idea of permitting nutrient trading if such trading is regulated
sufficiently to ensure water quality in the Illinois and White Rivers is improved in the most cost effective manner
possible; and
WHEREAS, the Fayetteville Water and Sewer Committee and the whole City Council studied the initially
proposed Regulation 37 and requested that NANTRAG revise its proposed Regulation 37 "to better protect
our reservoirs, environment, endangered species and waterways", Resolution No. 173-19; and
WHEREAS, the proposals of the City of Fayetteville and Beaver Water District to improve the proposed
Arkansas Nutrient Water Quality Trading Regulation 37 were largely rejected by the other three members of
NANTRAG; and
WHEREAS, the currently proposed Arkansas Nutrient Water Quality Trading Regulation No. 37 proposed
by NANTRAG is too loosely worded, fails to properly and clearly define important terms, applies too broadly
so that "Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, Natural and Scenic Waterways"
may be adversely impacted; and
WHEREAS, the organizing Agreement to form NANTRAG requires that the "approval of final draft
regulations to be submitted for consideration by any state or federal agency" requires "A unanimous vote of the
members, which may be further contingent upon any necessary authorization by their respective City Councils";
and
City of Fayetteville, Afkansas page 1 Printed on 101212019
File Number: 2019-0630
WHEREAS, the Fayetteville City Council does not approve of Regulation 37 without the amendments by the
City of Fayetteville and Beaver Water District to better protect the water quality of Beaver Lake and the Illinois
River.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its opposition to the
version of Regulation 37 that NANTRAG's other three members have approved and wish to present as its
proposed regulation to ADEQ or Arkansas Pollution Control and Ecology Commission.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intention to oppose
significant portions of the proposed Regulation 37 for Nutrient Trading before the Arkansas Department of
Environmental Quality and Arkansas Pollution Control and Ecology Commission and will work in conjunction
with the Beaver Water District to support revisions to the regulation supported by the City of Fayetteville and
Beaver Water District.
City of Fayetteville, Arkansas Page 2 Printed on 101212019
Legistar ID No.: 2019- obi
AGENDA REQUEST FORM
FOR: Council Meeting of October 161, 2019
FROM: Council Member Teresa Turk
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO EXPRESS THE OPPOSITION OF THE FAYETTEVILLE CITY
COUNCIL TO THE CURRENTLY PROPOSED ARKANSAS NUTRIENT WATER
QUALITY TRADING REGULATION NO. 37
APPROVED FOR AGENDA:
L
Council Membe Teresa Turk
City Attorney it Williams
Approved as to form
9//6/,9
Date
Date
Be
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
TO: Mayor Jordan Blake Pennington
City Council Assistant City Attorney
Jodi Batker
CC: Tim Nyander, Utilities Director Paralegal
Don Marr, Chief of Staff {
FROM: Kit Williams, City Attorney �• �ci"" --�
DATE: September 17, 2019
RE: Must NANTRAG obtain the City of Fayetteville's vote now to approve the final
draft of the proposed Nutrient Water Quality Trading Regulation?
The organizing Agreement to establish NANTRAG was signed by the mayors of
Fayetteville (1St), Springdale (2nd), Bentonville (3rd) and Rogers (4th) in May or June of
2016. This Agreement states: "10. Amendment: This Agreement may be amended by
unanimous vote of all then -existing members." Thus, all members can rely upon the
effectiveness of this Agreement unless and until all members agree to change a provision.
In "6. Decision Making," the agreement states:" A unanimous vote of the
members, which may be contingent upon any necessary authorization by their respective
City Councils, is required for the following:
d. Approval of final draft regulations to be submitted for consideration by any
state or federal agency with jurisdiction over Group -related matters."
On May 10, 2019, the official Minutes reflect that after some minor revisions or
additions, the following occurred: "Bender (for Bentonville) made a motion to go forward
with the proposed responses with the alternative language included. Nyander seconded
it. All were in favor. The motion passed."
Was this action the "Approval of final draft regulations to be submitted for
consideration by any state or federal agency..."? Minutes of later meetings of NANTRAG
clearly show that what had been presented was not the final draft regulations.
"Future direction of legal counsel was discussed by Gates. He stated the next step
is to submit the package of response summary as approved by this group to Legislative
Council for their review and approval... Then there is another 45 days before the
Commission will review for final approval." It is not exactly clear what "the package of
response summary" is. Statements in later meetings show it could not be the "final draft
regulations to be submitted for consideration by any state or federal agency..."
Another meeting of NANTRAG was held on June 21, 2019 when they considered
Fayetteville's request for a 60 day pause. The Fayetteville Water and Sewer Committee
"requested a pause in action by the Group to consider making further changes in the draft
regulation based upon comments from Beaver Water and the Committee."
NANTRAG's attorney stated (according to the official minutes) "that the Group is
only responding to the City of Fayetteville's request and is limited to consideration by
those two entities (City of Fayetteville and Beaver Water District). Bender (City of
Bentonville) stated that if we did open it up beyond those two entities, it would be
considered yet another comment period..."
"Huffman (Rogers Water Utility) said that out of respect for the Mayor of
Fayetteville, they would vote for a 60 day, but feels this is good legislation and are ready
for this to be enacted... Motion passed." If the NANTRAG designated representatives of
the member entities were "ready for this to be enacted," then they had not yet "enacted"
it. This was not yet in final draft form since some changes were certainly going to be
considered during the 60 day pause.
On August 16, 2019, NANTRAG again met. The minutes state "Opportunity for
statements from the public. Chair Stewart (Springdale Water Utilities) limited speaking
to 5 minutes per speaker. In all eleven (11) individuals from the public made statements."
These including two from Beaver Water District and one from the City of Fayetteville,
Council Member Turk. That means eight (8) were not representing either the City or
Beaver Water so according to the previous minutes this would have to "be considered
yet another comment period." Stewart (Springdale Water Utility) If so, what was being
discussed could not be the FINAL draft regulation because it was still subject to change.
Later "Nyander motioned to go through the document with Beaver Water District
and the City of Fayetteville topic by topic. Motion was seconded by Bender (City of
Bentonville). All voted in favor. There was a lot of discussion on various topics... Bender
proposed a change in the definition of 'Watershed', (which would reduce its allowed
size)... Nyander seconded Bender's Motion to amend. All were in favor." This shows that
the draft was amended at this meeting which means it could not have been the "final"
draft prior to that time.
"After much discussion and lack of consensus, the Group agreed to each put
together a document listing the areas where the members were willing to make changes
and submit that to Stewart by the last week in August. A meeting to go over those specific
areas was scheduled for Thursday, September 5til at the same location.."
2
Obviously this draft not only was amended on August 16t1l, but additional changes
were going to be offered and later decided at the September 5th meeting. When you are
changing or amending a document, it is not yet a "final draft" which could properly be
submitted to state regulatory authorities.
In addition, such an important decision about whether or not to support the final
draft regulations of the proposed Nutrient Water Quality Trading Regulation should be
made by the City policy makers, the City Council, rather than City staff. That is why the
Agreement provides that any vote for approval of final draft regulations "may be
contingent upon any necessary authorization by their respective City Councils..."
(Paragraph 6. Decision Making of Agreement.)
The Fayetteville City Council has officially expressed concerns and suggested
changes to this proposed draft of the regulation when it passed Resolution 173-14 on
August 6, 2019. Since most of the suggested changes have been rejected by the other three
cities' representatives, the City of Fayetteville should clearly inform the other members
of NANTRAG that the City of Fayetteville does not agree to submit the present proposed
regulation to any state or federal agency with jurisdiction over nutrient trading issues.
3
NOR'T'HWEST ARKANSAS
NUTRIENT TRADING RESEARCH AND ADVISORY GROUP
AGREEMENT
The undersigned cities hereby have agreed via resolutions in each municipality, copies of
which are attached hereto, to form an informal cooperative group for the purposes set forth herein.
1. Name: The name of the informal cooperative group shall be the Northwest
Arkansas Nutrient Trading Research and Advisory Group ("the Group").
2. Informal Joint Cooperative Action: This Agreement is intended by the members to
be an informal joint cooperative action entered into and enforceable pursuant to Ark. Code Ann.
§ 25-20-104(h). No delegation of municipal authority or responsibility is made by the members
to the Group, and the purposes of the Group are agreed to be valid public purposes of each of the
respective members.
3. Membership: Membership in the Group is voluntary and open to any city of the
first or second class or county within the Illinois River Watershed or the White River Watershed.
a. The initial members of the Group are the City of Bentonville, the City of
Fayetteville, the City of Rogers, and'the City of Springdale.
b. Additional members may be added to the Group with the unanimous
consent of the then -existing members.
Purposes: The purposes of the Group are as follows:
a. Joint development of nutrient water quality trading regulations for proposal
to the Arkansas Department of Environmental Quality, the Arkansas Pollution Control and
Ecology Commission, the Arkansas Natural Resources Commission, and/or other
applicable state and/or federal agencies;
b. Exploration of potential nutrient water quality trading projects, including
one or more possible pilot projects; and
C. Contracting with professionals necessary to accomplish the Group's
objectives. Professionals shall include, but are not limited to consultants, attorneys,
engineers, and environmental scientists. Procurement of professional services shall be in
accordance with Ark. Code Ann. § 19-11-801 and other applicable law.
5. Pro Rata Payment of Expenses: 'rhe Group shall develop a budget for the
accomplishment of the aforementioned purposes and, upon the establishment of actual expenses
under such budget, the members shall seek the necessary funding; from their respective city
councils and/or water and sewer commissions or departments for payment of their pro rata shares
of such expenses.
Page ! of
6. Decision Making: Unless otherwise set forth in this Agreement or by resolution of
the Group, all decisions of the Group shall be made by majority agreement of its members. Voting
shall be on the basis of one -member, one -vote. A majority of the members shall constitute a
quorum for decision-making purposes. A unanimous vote of the members, which may be further
contingent upon any necessary authorization by their respective City Councils, is required for the
following:
a. Designation of joint Group projects;
b. Selection of contractors or professionals engaged to do work on behalf of
the Group;
C. Pledging of funds for designated Group activities; and
d. Approval of final draft regulations to be submitted for consideration by any
state or federal agency with jurisdiction over Group -related matters.
7. Designated Representatives: Each member Shall designate one person as the
member's Designated Representative to the Group, as well as a secondary or proxy representative.
Each Designated Representative shall attend the Group's meetings in person or via telephone, if
possible, or by written proxy. Designated Representatives shall serve until a successor
representative is selected by the member.
8. Officers: The members shall select a Chair and a Vice Chair/Secretary for two-year
terms. Such officers must be a Designated Representative of a member. In the event of a
vacancy in the position of Chair, the Vice Chair/Secretary shall succeed as Chair for the remainder
of the two-year term with a new Vice Chair/Secretary being selected for the remainder of the two-
year term. In the event of a vacancy in the position of Vice Chair/Secretary, a new Vice
Chair/Secretary shall be selected for the remainder of the two-year term.
9. Time and Place of Meeting : Meetings shall be held at a time and place to be agreed
upon by the members. Meetings may be held by teleconference, and Designated Representatives
(or their proxy) may participate and vote in face-to-face meetings by telephone. Face-to-face
meetings shall be open to the public.
10. Amendment: This Agreement may be amended by unanimous vote of all then -
existing members.
(Signatures on next page)
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Northwest Arkansas Nutrient Trading Research and Advisory Group
Friday, 10 May 2019
MINUTES
The Northwest Arkansas Nutrient Trading Research and Advisory Group (Group) met on Friday, May 10th
at 10:00am. Present were Brad Stewart (Springdale Water Utilities), Mike Bender (City of Bentonville),
Tim Nyander (City of Fayetteville), and Jene' Huff man-Gilreath (Rogers Water Utilities). Others present:
Allan Gates and Jordan Wimpy (Mitchell Williams Law Firm), Teresa Turk (Fayetteville City Council), Greg
Weeks (Jacobs), and Nicole Hardiman (IRWP). Chair Stewart called the meeting to order at 10:02am.
Minutes of the January 17th meeting were reviewed. Gates and Bender offered four spelling edits.
Revised minutes are attached. Motion to accept minutes as amended was made by Nyander and
seconded by Bender. All in favor, motion carried.
Stewart recognized visitors and asked if there were any comments. Seeing none, Stewart moved on to
updates from the legal team.
Gates stated that the draft legislation we had been working on passed in General Assembly and is now a
law. User fees to support nutrient trading can be assessed at either end or both of the trade (subject to
ADEQ's discretion). Representative Lundstrum and Senator Eads, both of Springdale, sponsored the
legislation. As a general update, there is no further action needed by the group just preparation of
response to comments.
Mr. Wimpy handed out copies of the comments and proposed responses to comments to the group.
The first item that the group needs to decide is on page 18, Sec 3c with regard to inspection of non -
point source projects. Originally it was suggested that this be stricken, however in the supplemental
comment period Farm Bureau and ANRC asked to have this put back in. They stated ANRC has a strong
relationship with farmers, and advocate restoring the original version of 3c. ADEQ requested a caveat
that says that nothing in this section would affect the regulatory authority of ADEQ. Stewart asked if
legal counsel had a recommendation. Gates said he did. He described the downside to each alternative.
1. Concern about ADEQ not agreeing
a. ADEQ does not have an issue neither does EPA apparently
2. Downside to leaving out is that Farm Bureau would encourage farmers to not participate in
trades
ANRC does not want to be regulatory body that makes the final decision, but would like to review and
comment before trades go to ADEQ. They (ANRC) do not have a hearing officer or a process set up to
handle regulating trades or disputes. Gates believes it will never come in to play needing Sec 3C
because the inspection program would have to completely breakdown and at that point there wouldn't
be any trades occurring.
Stewart recognized Ms. Turk for a question. She asked how we would know if an inspection program
was working. Stewart stated that the way the regulation is designed, the inspection process would have
to be approved for each project and it would function like an NPDES permit. Each utility would have to
submit the permitting document each month with the reporting requirements. Each project would have
11 Page May 2019 Minutes
a different inspection process depending upon the type of project as well. Ms. Turk asked if incorrect
reporting occurred what would happen and is there a process to ensure there is a follow up to
guarantee it is accurate. Stewart stated that there are civil and criminal penalties associated with
incorrect reporting and it is taken very seriously. Gates follow up stating that this will be addressed on
two different levels. For a utility to allow use, they have to receive a permit modification. Some project
would be monitored by a photograph like in the case of fences. The nature of the inspection would
depend up on the credit project.
Stewart asked, based upon the two options, what legal counsel's recommendation would be. Gates
stated that he would recommend the alternative response be reinserted under Sec 3K. Stewart stated
that Springdale's stand point is, since ADEQ has the final regulatory authority, they (Springdale Utilities)
don't have an issue with the alternative response. Nyander stated that this allows more safeguards and
more eyes on the project". Bender and Huffman stated they are for it as well. Stewart stated that we
will need a motion to accept one of the responses. Nyander made a motion to go with the alternative
response to place Sec 3C under Sec 3K with the caveat requested by ADEQ. Bender seconded. All were
in favor and motion passed.
Stewart recognized Wimpy for the second comment with a proposed change. Wimpy stated the next
issue to address was comment number 51 on page 39. This comment requests there be restrictions to
trades in the same watershed. The original response was that no additional language was necessary.
The alternative response states that the trade language does appropriately limit where trades can occur,
but a new Sec 5 is recommended stating that the nutrient trading credits may only be used in the
watershed where generated. Stewart asked if legal counsel had an opinion. Gates stated they did and
that the new alternative language would help eliminate concern. This will give an assurance to those
who had concerns regarding inter -watershed trading. Stewart asked if this eliminated the watershed
definition on credit generator. Gates said when a modification is applied for they have to state which
watershed they are located in. Nyander, Bender and Huffman all stated that they thought this was a
good idea. Huffman made a motion to accept the alternative response to add Sec 5. Nyander
seconded. All were in favor, and the motion passed.
None of the other comments required action by the group. Stewart asked if there was any desire from
the group to address any of the responses. Nyander asked Gates and Wimpy if there were any
comments they would like to talk about. Gates stated that the two already discussed were those
needing action and were the ones they felt a need to discuss with the group.
Stewart asked that since there were not additional responses to consider if the packet was what legal
counsel recommended submitting. Gates replied yes. Stewart stated that he believes this should lead
to a very good, workable program.
Nyander asked if we could allow for the public guests to comment. Ms. Turk was recognized and she
stated that she still shares concerns along with other environmentalist that not enough oversight and
tracking is in this proposed rule. She thinks there could be a lot of abuse. Stewart said that he thinks a
lot of safe guards are in place and that NPDES permitting system also provides for those additional,
serious safe guards and that it is important to realize that as well. He said that his and the Springdale
Water Utilities opinion is to move forward with the draft of proposed responses. Bender made a motion
to go forward with the proposed responses with the alternative language included. Nyander seconded
it. All were in favor. The motion passed.
2 1 P a g e May 2019 Minutes
Future direction of legal counsel was discussed by Gates. He stated the next step is to submit the
package of response summary as approved by this group to Legislative Council for their review and
approval. The Department has to complete their responses to summary and are interested in seeing
what the group has approved. Next step is to go before Legislative Council which takes about 45 days to
set a meeting. It is possible we could be ready in July. Then there is another 45 days before the
Commission will review for final approval. It is possible it would be six months before we are able to get
in front of the Commission.
Gates will let us know when ADEQ comments are complete. He will prepare and file a packet to submit
to the Commission.
Stewart asked if there were any other requests to move forward. Gates stated that the EPA had taken a
strong interest in trading and have shown strong interest in Arkansas's trading program. He would like
to continue to be able to talk about the group's plan.
Stewart stated in New and Unfinished Business that if things go well we will have projects ready. He
stated this is probably an appropriate time to start preparing.
Next meeting date was not set. The Group will evaluate the need for the next meeting.
Motion to adjourn made by Nyander and seconded by Bender. All were in favor. Meeting Adjourned at
10:58a m.
31 Page May 2019 Minutes
Northwest Arkansas Nutrient Trading Research and Advisory Group
Friday, 21 June 2019
MINUTES
The Northwest Arkansas Nutrient Trading Research and Advisory Group (Group) met on Friday, June 21"
at 11:30am in the Commission Room at Springdale Water Utilities. Present were Brad Stewart
(Springdale Water Utilities), Mike Bender (City of Bentonville), Tim Nyander (City of Fayetteville), and
Jene' Huffman-Gilreath (Rogers Water Utilities). Others present: Allan Gates (via phone) and Jordan
Wimpy (Mitchell Williams Law Firm), Teresa Turk (Fayetteville City Council), Greg Weeks (Jacobs), Clell
Ford (Beaver Watershed Alliance) and Jessie Green (White River Waterkeeper). Chair Stewart called the
meeting to order at 11:35am.
Minutes of the May 10" meeting were reviewed. Gates offered edits via email prior to the meeting.
Revised minutes are attached. Motion to accept minutes as amended was made by Nyander and
seconded by Bender. All in favor, motion carried.
Steward moved on to Item (C) on the Agenda: Consideration of the City of Fayetteville's request for 60
day pause of Group action on Regulation 37. Based upon some meeting of Fayetteville's Water, Sewer
and Solid Waste Committee (Committee), the committee requested a 60 day pause on further action by
the Group. Stewart recognized Nyander to elaborate. Nyander stated that on May 28th a special
meeting of the Fayetteville Water, Sewer and Solid Waste Committee was called to discuss Nutrient
Trading Specifically. Comments made at that meeting were by some members of the community and
Collene Gaston of Beaver Water District. They requested a pause in action by the Group to consider
making further changes in the draft regulation based upon comments from Beaver Water and the
Committee.
Stewart stated that based upon time constraints at this current meeting, the Group would not hear
comments from the community but would instead only take action on whether to enact a 60 day pause
and set a date and time where we would consider any potential issues brought to the Group from the
community. Huffman asked what exactly would be accepted during the pause. Steward said he would
like to talk to the people who have comments to discuss their concerns. Bender asked this was just a
pause on further action on the Group. Nyander agreed. Bender asked if the comments are limited to
Beaver Water and Fayetteville Water, Sewer, and Solid Waste and not public at large. Nyander said that
was what the Committee had asked of him. Huffman asked if the pause was legal. Wimpy stated that it
is okay legally for the Group to pause for 60 days. Bender asked if the state was still reviewing
comments. Wimpy stated they were still reviewing the same public comments and preparing their
separate responses to comment.
Huffman stated she was frustrated after reviewing the previous two years of minutes for NANTRAG and
the comments made at the Fayetteville Water, Sewer and Solid Waste Committee. She stated that the
Group over the time period of the Group's existence had repeatedly asked Beaver Water District for
written comments on the draft and were told that they (Beaver Water) would respond after they saw
what had been created by the Group. Huffman was frustrated that the Group is now being asked to
pause after having asked Beaver Water to work with the Group over the past two years.
11 Page June 2019 Minutes
Nyander asked Legal Counsel if by opening this up to Beaver Water and the City of Fayetteville for
further comment if that would require the Group to open this up to the greater public again. Wimpy
stated that the Group is only responding to the City of Fayetteville's request and is limited to
consideration by those two entities. Bender stated that if we did open it up beyond the two entities it
would be considered yet another comment period and Stewart said that would have to be approved by
the PC&E Commission.
Stewart stated he had frustration as well since the Group has had multiple public meetings over the 3
years and two public comment periods. We also had discussions with other groups. He said he could
not foresee what would come up in the 60 day pause that would change his mind at this point. He did
state the pause was reasonable to consider the requests from the City of Fayetteville and Beaver Water.
Bender stated that he didn't want this to lead to additional pauses from other groups. Stewart said this
should not set a precedence. Nyander said that the Mayor of Fayetteville asked for a 60 day pause and
that is what he is relaying. Huffman said that Rogers opinion is that out of respect for the Mayor of
Fayetteville, they would vote for a 60 day pause, but feel this is good legislation and are ready for this to
be enacted.
Nyander made a motion for the Group to pause further action for 60 days to allow comment from City
of Fayetteville and Beaver Water District. Second by Huffman. Stewart said that 60 days from June 21St
is August 20th. All were in favor. Motion passed.
Stewart brought up Agenda item (D). He asked if the Group would like to set the date for hearing
comments. Nyander suggested that the Group allow the City and Beaver Water to gather comments a
few days before the Group were to meet as a whole. Huffman stated she would like the comments from
both groups (Beaver Water and City of Fayetteville) in writing. Stewart said he would like that as well. A
tentative meeting was set for August 15th at 10am at Springdale Commission Room.
Stewart asked Nyander if he had anything else the needed to be brought before the Group. He stated
he did not.
Motion to adjourn made by Nyander and seconded by Bender. All were in favor. Meeting Adjourned at
11:56am.
21 Page June 2019 Minutes
Northwest Arkansas Nutrient Trading Research and Advisory Group
Friday, 16 August 2019
MINUTES
The Northwest Arkansas Nutrient Trading Research and Advisory Group (Group) met on Friday, August
16th, 2019 at 1:30pm at the Illinois River Watershed Partnership building in Cave Springs, Arkansas.
Present were Brad Stewart (Springdale Water Utilities), Mike Bender (City of Bentonville), Tim Nyander
(City of Fayetteville), and Jene' Huff man-Gilreath (Rogers Water Utilities). Others present: Allan Gates
and Jordan Wimpy (Mitchell Williams Law Firm), Teresa Turk (Fayetteville City Council), Lane Crider and
Colene Gaston (Beaver Water District), Greg Weeks (Jacobs), Clell Ford (Beaver Watershed Alliance),
Doug Thompson (NWADG), Brian Thompson (BRWA), Drew Lee (WRW), Jane Kellett and Maribeth Lynes
(Highland Community Assoc), Kaitlyn Nolkes (WRW), Taylor Bridges (WRW), Duane Woltjen, Susan
Norton (City of Fayetteville), Carol Christoffel, Carol Bittig, Aaron Thompson (KRWP), Cody Hudson
(BWD), Ginny Masullo, Ryan Benefield (ANRC), Alan Pugh (City of Fayetteville), Margaret Britain (Lake
Fayetteville Watershed Partnership), and Jessie Green (White River Waterkeeper). Chair Stewart called
the meeting to order at 1:34pm.
Minutes of the June 211t meeting were reviewed. Bender noticed Stewart's name was Steward on the
3`d paragraph. Motion to accept minutes as amended was made by Nyander and seconded by Bender.
All in favor, motion carried.
Stewart moved on to Item (C) on the Agenda: Opportunity for statements from the public. Chair
Stewart limited speaking to 5 minutes per speaker. In all eleven (11) individuals from the public made
statements. Those who took the time to speak were: Carol Christoffel, Ginny Masullo, Brian Thompson,
Carol Bittig, Teresa Turk, Duane Woltjen, Clell Ford, Jessie Green, Margaret Britain, Lane Crider and
Colene Gaston.
Stewart thanked the public for speaking and mentioned that the Group had agreed to take a 60 day
pause for any further action at the request of the City of Fayetteville and Beaver Water District. It was
pursuant to that request and pause that we are meeting again. The 60 days expired on August 20tH
Stewart recognized Allan Gates for an update from the legal counsel. Gates stated that the written
submittal from Beaver Water District and the City of Fayetteville had been reviewed. Most of the
remarks in the submittal were consistent with comments made during the two official comment
periods. There was one area that was not mentioned in comment and is more of a Scribner's or
procedural issue. That is with the use of Rule instead of Regulation and Division instead of Department.
Stewart authorized Gates to make the appropriate edits to the current Regulation No. 37 to be
consistent with the desires of the ADEQ. A motion was made by Nyander and seconded by Huffman. All
were in favor and the motion passed.
Nyander stated that with all of the revisions and recommendations made by Beaver Water and the City
of Fayetteville, the Group take time for dialogue with the two groups on their input. A motion was
made by Nyander and seconded by Huffman. All voted in favor.
11 Page June 2019 Minutes
There was a question from the Group on procedure posed to counsel. Gates stated that ADEQ has not
finished response to comments at this point. He also stated that at this point the Group had approved
the regulation and the response to comments.
Nyander motioned to go through the document with Beaver Water District and the City of Fayetteville
topic by topic. Motion was seconded by Bender. All voted in favor.
There was a lot of discussion on various topics as can be heard in the recordings that will be made
available.
Bender proposed a change in the definition of "Watershed". Watershed means an area of land that
drains into a water body area no larger than an 8 digit USGS Hydrological Unit Code (HUC). Nyander
seconded Bender's motion to amend. All were in favor.
After much discussion and lack of consensus, the Group agreed to each put together a document listing
the areas where the members were willing to make changes and submit that to Stewart by the last week
in August. A meeting to go over those specific areas was scheduled for Thursday, September 5`h at the
same location, IRWP Sanctuary in Cave Springs at fpm.
Motion to adjourn made by Nyander and seconded by Huffman. All were in favor. Meeting Adjourned
at 5:579m.
21PaP,(, June 2019 Minutes