Loading...
HomeMy WebLinkAbout34-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 34-20 File Number: 2020-0040 REGULATION 37 PROPOSED NUTRIENT TRADING REGULATION: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO RESPOND TO AND OPPOSE THE SPRINGDALE WATER UTILITIES' REQUEST BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION AND TO POSSIBLY SUBSTITUTE ITSELF FOR THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP AND PURSUE ADOPTION OF THE REGULATION 37 PROPOSED NUTRIENT TRADING REGULATION RECOMMENDED BY THE FAYETTEVILLE CITY COUNCIL WHEREAS, the Attorney for NANTRAG which has been paid thousands of dollars by Fayetteville taxpayers to work on a proposed Nutrient Trading Regulation (Regulation 37) for NANTRAG (including Fayetteville as a full member) at least through November 8, 2019, has now filed a surprise Request to Substitute Parties as Counsel for Springdale Utilities; and WHEREAS, this request appears to have been filed just in time to make the Arkansas Pollution Control and Ecology Commission's January 24, 2020 hearing in Little Rock; and WHEREAS, this Request flies the face of the Northwest Arkansas Nutrient Trading Research and Advisory Group's express agreement that any proposed Nutrient Trading Regulation would not be submitted without the unanimous agreement of all four cities which never occurred; and WHEREAS, even those amendments approved unanimously by all NANTRAG representatives in the Fall of 2019 are proposed to be removed by Springdale Water Utilities which intends to offer the version of proposed Regulation at NANTRAG's May 10, 2019 meeting in the face of the express and unanimous opposition of the Fayetteville City Council to portions of the proposed regulation. 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 Page 1 Printed on 1122120 File Number.' 2020-0040 Resolution 34-20 to Springdale Water Utilities' attempt to ignore and circumvent the cooperative contract agreed between it, Rogers, Bentonville, and Fayetteville and, without the consent of NANTRAG, to replace it as petitioner and present the proposed Regulation 37 that failed to be approved by NANTRAG. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville City Attorney to oppose and reply to Springdale Water Utilities' Request to Substitute Parties and any use of legal work, partially paid for by Fayetteville citizens, in violation of the signed contract and in opposition to the clear and express interests of Fayetteville. PASSED and APPROVED on 1/21/2020 Attest: UR K IIIIIIIT i / R . — AVE7rEV1��E;z Kara Paxton, City Clerk TreasuraF,'.9p IliN Co liltOO Page 2 Printed on 1122/20 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0040 Agenda Date: 1/21/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 16 REGULATION 37 PROPOSED NUTRIENT TRADING REGULATION: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO RESPOND TO AND OPPOSE THE SPRINGDALE WATER UTILITIES' REQUEST BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION AND TO POSSIBLY SUBSTITUTE ITSELF FOR THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP AND PURSUE ADOPTION OF THE REGULATION 37 PROPOSED NUTRIENT TRADING REGULATION RECOMMENDED BY THE FAYETTEVILLE CITY COUNCIL WHEREAS, the Attorney for NANTRAG which has been paid thousands of dollars by Fayetteville taxpayers to work on a proposed Nutrient Trading Regulation (Regulation 37) for NANTRAG (including Fayetteville as a full member) at least through November 8, 2019, has now filed a surprise Request to Substitute Parties as Counsel for Springdale Utilities; and WHEREAS, this request appears to have been filed just in time to make the Arkansas Pollution Control and Ecology Commission's January 24, 2020 hearing in Little Rock; and WHEREAS, this Request flies the face of the Northwest Arkansas Nutrient Trading Research and Advisory Group's express agreement that any proposed Nutrient Trading Regulation would not be submitted without the unanimous agreement of all four cities which never occurred; and WHEREAS, even those amendments approved unanimously by all NANTRAG representatives in the Fall of 2019 are proposed to be removed by Springdale Water Utilities which intends to offer the version of proposed Regulation at NANTRAG's May 10, 2019 meeting in the face of the express and unanimous opposition of the Fayetteville City Council to portions of the proposed regulation. 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 Springdale Water Utilities' attempt to ignore and circumvent the cooperative contract agreed between it, Rogers, Bentonville, and Fayetteville and, without the consent of NANTRAG, to replace it as petitioner and present the proposed Regulation 37 that failed to be approved by NANTRAG. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville City Attorney to oppose and reply to Springdale Water Utilities' Request to Substitute Parties and any use of legal work, partially paid for by Fayetteville citizens, in violation of the signed contract and in opposition to the clear City of Fayetteville, Arkansas Page 1 Printed on 112212020 File Number.' 2020-0040 and express interests of Fayetteville. City of Fayetteville, Arkansas Paye 2 Printed on 1/22/2020 Legistar ID No.: AGENDA REQUEST FORM FOR: Council Meeting of January 21, 2020 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO RESPOND TO AND OPPOSE THE SPRINGDALE WATER UTILITIES' REQUEST BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION TO SUBSTITUTE ITSELF FOR THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP, AND THEN TO PURSUE ADOPTION OF THE REGULATION 37 PROPOSED NUTRIENT TRADING REGULATION REJECTED BY THE FAYETTEVILLE CITY COUNCIL APPROVED FOR AGENDA: -L � �44a- City Council Member Teresa Turk City orney Kit Williams Approved as to form 1/14 �2a Date I l N Date RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO RESPOND TO AND OPPOSE THE SPRINGDALE WATER UTILITIES' REQUEST BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION TO SUBSTITUTE ITSELF FOR THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP, AND THEN TO PURSUE ADOPTION OF THE REGULATION 37 PROPOSED NUTRIENT TRADING REGULATION REJECTED BY THE FAYETTEVILLE CITY COUNCIL WHEREAS, the Attorney for NANTRAG which has been paid thousands of dollars by Fayetteville taxpayers to work on a proposed Nutrient Trading Regulation (Regulation 37) for NANTRAG (including Fayetteville as a full member) at least through November 8, 2019, has now filed a surprise Request to Substitute Parties as Counsel for Springdale Utilities; and WHEREAS, this request appears to have been filed just in time to make the Arkansas Pollution Control and Ecology Commission's January 24, 2020 hearing in Little Rock; and WHEREAS, this Request flies the face of the Northwest Arkansas Nutrient Trading Research and Advisory Group's express agreement that any proposed Nutrient Trading Regulation would not be submitted without the unanimous agreement of all four cities which never occurred; and WHEREAS, even those amendments approved unanimously by all NANTRAG representatives in the Fall of 2019 are proposed to be removed by Springdale Water Utilities which intends to offer the version of proposed Regulation at NANTRAG's May 10, 2019 meeting in the face of the express and unanimous opposition of the Fayetteville City Council to portions of the proposed regulation. 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 Springdale Water Utilities' attempt to ignore and circumvent the cooperative contract agreed between it, Rogers, Bentonville, and Fayetteville and, without the consent of NANTRAG, to replace it as petitioner and present the proposed Regulation 37 that failed to be approved by NANTRAG. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville City Attorney to oppose and reply to Springdale Water Utilities' Request to Substitute Parties and any use of legal work, partially paid for by Fayetteville citizens, in violation of the signed contract and in opposition to the clear and express interests of Fayetteville. PASSED and APPROVED this 215 day of January, 2020. APPROVED: LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk/Treasurer KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY kwilliaiiis@f-,iyetteN,ille-ar.gov Blake E. Pennington Assistant City Attorney bl)eniiiiigtoii@f-,iyetteville-ar.gov Jodi Batker Paralegal 113 W Mountain Street, Suite 302 Phone 479.575.8313 January 15, 2020 Fayetteville, AR 72701-6083 The Arkansas Pollution Control and Ecology Commission 3800 Richards Road North Little Rock, AR 72117 Re: Docket No. 18-001-R Request to Substitute Parties Dear Commission, On January 10, 2020, with no prior notice to the City of Fayetteville, Mr. Allan Gates identifying himself as Counsel for Springdale Water Utilities filed a Request to Substitute Parties in an attempt to remove his long-term client, Northwest Arkansas Nutrient Trading Research and Advisory Group (NANTRAG) from its years' long effort to initiate a third party rulemaking for administrative procedures and regulations for nutrient water quality generating credits. NANTRAG never consented nor agreed to be removed from this action and its long effort to propose an effective, fair and comprehensive Nutrient Trading Regulation before the Arkansas Pollution Control and Ecology Commission. Such proposed involuntary removal of NANTRAG is certainly adverse to NANTRAG's interests as NANTRAG will be pushed aside and prevented from participating further in this action. Any "informed consent" by NANTRAG to allow this Substitution of Parties (removing NANTRAG) would also have to be "confirmed in writing" by NANTRAG. Rule 1.9 Rules of Professional Responsibility. The City of Fayetteville believes no such consent nor written confirmation exists. The Northwest Arkansas Nutrient Trading Research and Advisory Group was created by the written agreement of Fayetteville, Bentonville, Rogers and Springdale which clearly requires that no proposed Nutrient Trading Regulation may be recommended or formally proposed without unanimous approval of all four cities. Because of lack of specificity, undefined terms and the potential of creating abuses of nutrient taking which could impair rather than promote water quality, the City of Fayetteville could not support the proposal presented by NANTRAG's attorneys without clarifying amendments. Now in violation of the agreed written contract, Springdale Water Utilities is seeking to replace the Northwest Arkansas Nutrient Trading Research and Advisory Group to propose the identical regulation which was expressly and unanimously rejected by the Fayetteville City Council following its initial proposal for approval at the May 10, 2019 meeting of NANTRAG. Springdale Water Utilities has to admit this proposed regulation was not then in final form as the regulation was amended at least three times after the May meeting. That means that Springdale Water Utilities is planning to ignore the four city contract and submit an unapproved proposed nutrient trading regulation. The City of Fayetteville believes that it is unfair not only to ignore the long-standing agreement among the cities requiring unanimous agreement before presenting a proposed Nutrient Trading Regulation, but it is also unfair to use the attorney work paid for with substantial revenue paid by the City of Fayetteville and then use the work done for those fees in direct opposition to Fayetteville's expressed interests and desires. The City of Fayetteville began its work to design "regulations establishing nutrient water quality trading programs" no later than November 3, 2015 as evidenced by the attached City Council Resolution No. 203-15. Although Fayetteville disagrees with the proposal submitted by Mr. Gates at the May, 2019 meeting of NANTRAG, we merely sought improvements to the proposal with definitions of important terms and other provisions to better ensure water quality as well as allowing cost savings through nutrient trading. Attached please find Fayetteville City Council Resolution No. 173-19 (August 6, 2019) requesting "NANTRAG consider amending portions of the proposed regulation..." "(P)rotecting drinking water in Arkansas should be the highest priority..." (Resolution No. 173-19) Without most of the City's proposed amendments, the proposed regulation presented in May appears to place cost savings for industries and wastewater plants ahead of water quality. Once the Fayetteville City Council can conduct official business at its next meeting on January 21, 2020 and has authorized the Fayetteville City Attorney's office to oppose this Request to Substitute Parties, I will submit a Response to Request to Substitute Parties and I guess I will need to travel to Little Rock for the January 24 Arkansas Pollution Control and Ecology Commission meeting. I will seek a continuance of this unusual and surprise Request in direct conflict with the four cities' contract establishing the Northwest Arkansas Nutrient Trading Research and Advisory Group. The City of Fayetteville certainly needs more time to prepare its Response since Mr. Gates shows in his filing (paragraph 12) that he or his client worked with Springdale, Rogers and Bentonville while preparing this Request, keeping Fayetteville in the dark until the date this Request was filed. Other interested parties including the Beaver Water District should be allowed sufficient time to respond to the Springdale Water Utilities' surprise request to take control of NANTRAG's work and propose adoption of an unapproved and deficient regulation. Sincerely, KIT WILLIAMS Fayetteville City Attorney CC: Mayor Jordan City Council Allan Gates Michael McAlister Michael Bender Jend Huffinan-Gilreath 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 203-15 File Number: 2015-0489 NORTHWEST ARKANSAS MULTI -JURISDICTIONAL WATER QUALITY COMPLIANCE ASSOCIATION: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENT TO PARTICIPATE IN COOPERATIVE REGIONAL EFFORTS TO EVALUATE THE POTENTIAL COST SAVINGS AND ENVIRONMENTAL BENEFITS THAT MAY BE AVAILABLE TO THE CITY OF FAYETTEVILLE THROUGH THE FORMATION OF A NORTHWEST ARKANSAS MULTI -JURISDICTIONAL WATER QUALITY COMPLIANCE ASSOCIATION WHEREAS, Act 335 of 2015 authorizes the Arkansas Pollution Control & Ecology Commission to promulgate regulations establishing nutrient water quality trading programs, including the formation of water quality compliance associations; and WHEREAS, the timely development and implementation of nutrient water quality trading programs may provide significant long tern savings and environmental benefits for the communities in Northwest Arkansas including, but not limited to, the cities of Fayetteville, Springdale, Rogers, and Bentonville. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sec 'on I: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to explore the potential cost savings and environmental benefits that may be available to the City of Fayetteville through the formation of a Northwest Arkansas multi- jurisdictional water quality compliance association and authorizes the Mayor to negotiate and present a proposed agreement for the City Council's consideration that defines the mission of such an association, the responsibilities of the parties to the agreement, and the anticipated costs. PASSED and APPROVED on 11 /3/2015 Page 1 Printed on 11/4nu Resolution Number: 203-15 Attest: Page 2 Printed on 1 f/05 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 173-19 File Number: 2019-0473 A RESOLUTION TO REQUEST THAT THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP (NANTRAG) CONSIDER AMENDING THE PROPOSED REGULATION FOR NUTRIENT TRADING TO MORE CLOSELY CONFORM TO THE ATTACHED PROPOSED REVISION WHEREAS, protecting drinking water in Arkansas should be the highest priority for our citizens; and WHEREAS, tourism in Arkansas associated with outdoor activity including fishing, swimming, kayaking and canoeing is the second highest employer in the Arkansas and is increasing at 4-6% per year; and WHEREAS, nutrient trading is a brand new statewide program that must improve and not degrade water quality and is untested in Arkansas; and WHEREAS, the City of Fayetteville is one of the four Arkansas cities that is a member of NANTRAG and has paid for legal services to develop the proposed nutrient trading regulation; and WHEREAS, the City Council agrees with the Arkansas Legislature that nutrient water quality trading can potentially achieve water quality goals with greater efficiency and cost savings; and WHEREAS, experience in other states demonstrate that nutrient water quality trading programs, including the use of credits, off sets, and compliance associations, can result in quicker and more efficient achievement of water quality improvement goals; and WHEREAS, nutrient water quality trading should be encouraged and facilitated by the development of stringent regulations and verifiable permit terns; and Page i Printed on 8/7/18 File Number: 2019-0473 resolution 173-19 WHEREAS, the Fayetteville City Council supports the nutrient trading concept, has reviewed the currently proposed nutrient trading regulation and has determined that some changes would be advisable to better protect our reservoirs, environment, endangered species and waterways. 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 requests that NANTRAG consider amending portions of the proposed regulation for Nutrient Water Quality Trading as shown on the attached proposed revisions by Council Member Teresa Turk and approved by the Water, Sewer and Solid Waste Committee. PASSED and APPROVED on 8/6/2019 Attest: �• Z�.I..,TI� Sondra E. Smith, City Clerk Treas `i; 1 j%jj1 r4 ��. �R.... • E Page 2 Printsd on 811110 BEFORE THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION IN RE: REQUEST BY TILE NORTHWEST ) ARKANSAS NUTRIENT TRADING ) RESEARCH AND ADVISORY GROUT' ) TO INITIATE RULEMAKING TO ) ADOPT PROPOSED REGULATION ) NO. 37 ) DOCKET NO. 18-001-R Ae-.Qnr:.n _ �.� .:,;,al and Ecology 103 Efl c ;itol, ;� 200 Littlelto Filed RIC, OUES`I' TQ SUBSTITUTE PARTIES Springdale Water Utilities hereby requests that the Commission substitute Springdale Water Utilities in the place of NANTRAG as "the third party petitioner in this rulemaking. In support of this request Springdale Water Utilities states the following. 1. On January 11, 2018, NANTRAG filed a petition to initiate a third party rulemaking. The rule proposed by NANTRAG would establish administrative procedures and requirements for evaluating and approving nutrient water quality credit generating projects. 2. On January 26, 2018, the Commission approved initiation of the rulemaking requested by NANTRAG and entered a Minute Order that specified the procedures to be followed in the rulemaking. Minute Order 18-4, Since that date, there have been two public hearings and two separate rounds of public comment. 3. On May 10, 2019, after the close of the second round of public comments, representatives of NANTRAG met and voted unanimously to approve the Final text of the draft rule and a related set of responses to public comments. 4. NANTRAG is a cooperative association of four cities, Springdale, Rogers, Bentonville, and Fayetteville. The NANTRAG group agreement provides that a unanimous vote is required regarding the text of any rule the group proposes to present to the Commission for final adoption. The group agreement also provides that the vote of a member city's representative regarding the final text of any rule may be subject to review by the member city's city council. 5. After the May 10, 2019 NANTRAG vote unanimously approving a draft rule, the Fayetteville City Council voted to oppose the rule unless more than a dozen amendments were approved, many of which would significantly alter the nature of the rule. 6. After extensive debate that stretched over three separate meetings, NANTRAG reached deadlock. Initially the group representatives approved three proposed amendments, but eleven amendments proposed by Fayetteville failed for lack of a second. On November 8, 2019, the group representatives agreed they were deadlocked due to lack of unanimity, and they voted to adjourn indefinitely. 7. The Minute Orders issued by the Commission in this rulemaking call for NANTRAG to prepare and file a response to public comments, participate with ADEQ in seeking legislative review, and present the final text of the proposed regulation to the Commission for a vote on adoption. Minute Order 18-4, at p. 2 11116-9; Minute Order 18-21, at p. 2,115. Because of Fayetteville's decision to oppose the version of Rule 37 previously approved by all four cities' representatives, NANTRAG is unable to fulfill the steps contemplated by the Minute Orders necessary to move the rulemaking forward. By the same token, the three other cities in NANTRAG do not want to withdraw the rulemaking and see all of the group's hard work go for naught. 2 ,8. In light of the foregoing circumstances, Springdale Water Utilities asks the Commission to substitute Springdale Water Utilities in the place of NA14TRAO as the third party petitioner in this rulemaking. 9. Springdale Water Utilities is well qualified to assume the role of third party petitioner in this rulemaking because: a. Springdale Water Utilities and its Executive Director, Heath Ward, were actively involved in the drafting and adoption of legislation authorizing the Commission to issue nutrient trading rules. Act 335 of 2015, codified as Ark. Code Ann, §§ 8.4. 232. b. Springdale Water Utilities led the organizational effort that resulted in the formation ofNANTRAG e. Springdale Water Utilities Executive Director, Heath Ward, served as Chair of the Nutrient Water Quality Trading Advisory Board, under appointment by Governor Hutchinson. d. Springdale Water Utilities Operations Manager, Brad Stewart, was elected as NANTRAG's Chair by unanimous vote of all four member cities. He has served in that capacity from the initial formation of NANTRAG to the present day. 10. If this request to substitute parties is granted, there would be no need for any new public hearing.or new, third public comment period. Springdale Water Utilities plans to pursue .adoption of the version of Rule 37 that was approved on May 10, 2019 by unanimous vote of all four cities' representatives. That version of Rule 37 is very similar to the proposed rule that was presented to the Commission when it approved initiation) of this rulemaking Docket. The only changes to the Rule 37 proposed by Springdale Water 3 R s Utilities are changes that are logical outgrowths of the comments submitted during the original and supplemental public comment periods. 11. Springdale Water Utilities has discussed this Request to Substitute Parties with counsel for the Division of Environmental Quality and has been authorized to state that DEQ favors going forward with rulemaking to support the use of nutrient trading as an additional tool to maximize nutrient reduction efforts and improve water quality. 12. Springdale Water Utilities has discussed this Request to Substitute Parties with the NANTRAG representatives of Rogers and Bentonville and has been authorized to state that Rogers and Bentonville are in favor of the request and Springdale Water Utilities' proposal to go forward with the rulemaking. 13. Springdale Water Utilities believes it is unlikely that NANTRAG's 3-1 deadlock will change. As a consequence, there is little chance this rulemaking will proceed to a final decision by the Commission unless a new party is substituted as the petitioner. 14. If this rulemaking does not proceed to a final decision before the Commission, there will be a significant waste of public and private resources. a. Proposed Rule 37 originated almost three years ago in discussions before the statutorily created Nutrient Water Quality Trading Advisory Panel. The nutrient trading rule recommended by the Advisory Panel is the rule that NANTRAG presented to the Commission when this rulemaking was initiated. b. DEQ and the staff of other governmental agencies have devoted a significant amount of time to a review of the proposed rule and the development of a robust public record in this rulemaking. 4 N c. There have been two separate public hearings in this rulemaking. Scores of individuals attended the public hearings and even more filed public comments. d. Extensive work has been expended by DEQ and the members of NANTRAG in considering and drafting responses to comments from the public and interested government entities. If this rulemaking does not proceed to a final decision before the Commission, all of that work and the entire public record will go for naught. f f DEQ or anyone else decides to start a new rulemaking petition on nutrient trading, the public record supporting that rulemaking will have to be created from scratch, presumably starting with a return to the statutory Advisory Panel. And that is true even if there is no change whatsoever to the terms of proposed Rule 37. 15. The prospect of returning to the statutory Advisory Panel to start a new rulemaking is particularly problematic because the two year terms of all the Advisory Panel members have expired and no replacements have been appointed. 16. If the Commission grants this Request to Substitute Parties, Springdale Water Utilities commits that it will fulfill the remaining obligations set forth in Minute Orders 18-4 and 18-21. More specifically, Springdale Water Utilities will finalize a Response to Public Comments, participate with ADEQ in seeking legislative review of proposed Rule 37, and present the text of the proposed rule to the Commission for final consideration, 17. If the Request to Substitute Parties is not granted, the rulemaking petition is likely to linger on the Commission's docket in a state of unresolved limbo for an indefinite period of time. E WHEREFORE, Springdale Water Utilities requests that the Commission grant this Request and enter an order substituting Springdale Water Utilities as the petitioner in this rulemaking. Respectfully submitted, MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC 425 W. Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201-3525 Phone: (501) 688-8800 Facsimile: (501) 688-8807 ,2g, a te s (it) in w I a \ k-. c o m, iwnnp.,@,mwlawxojn By.: r� v Allan Gates, AR Bar No. 72040 Jordan Wimpy., AR Bar No. 2012273 Counsel for Springdale Water Utilities 2 CERTIFICATE OF SERVICE I hereby certify that on this/ ©day of January, 2020, I served the. foregoing Request to Substitute Parties by electronic delivery and by placing a true and correct copy in the United States Mail First Class postage prepaid addressed to each of the following: Michael McAlister, Esq. Attorney Supervisor, ADEQ Legal Services 5301 Northshore Drive North Little Rook, AR 72118 ntcal isterfc�luflait.st�ite.�tr. u� Michael Bender Public Works Director — City of Bentonville 3200 SW Municipal Drive Bentonville, AR 72712 mbender@bentonviilear.com (NANTRAG Representative for Bentonville) Tim Nyander .Utillities Director. — City of Fayetteville 2435 S. Industrial Drive Fayetteville, AR 72701 tnyander@fayetteville-ar.gov {NANTRAG Representative for Fayetteville) Jena Huffman-Gilreath 'Shared Services Manager Rogers Water Utilities 601 S 2nd St. Rogers, AR 72757 JeneHuffm an-Gilreath@R WU.ORG (NANTRAG Representative for Rogers) '125045-12 .11 Allan Gates ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION MINUTE ORDER NO. 20 - SUBJECT— Proposed Regulation No. 37 Nutrient Water Quality Trading Third -Party Rulemaking NOR'T'HWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP DOCKET NO. 18-001-R PAGE 1 OF 1 On January 11 th, 2018, the Northwest Arkansas Nutrient Trading Research and Advisory Group ("NANTRAG") filed a Petition to Initiate Third -Party Rulemaking to adopt a new regulation, Proposed Regulation No. 37 —Arkansas Nutrient Water Quality Trading Regulations (Petition). The Commission met on January 26, 2018, to review NANTRAG's Petition. Having considered the Petition, the Commission ordered the initiation of a rulemaking proceeding to consider the adoption of Proposed Regulation No. 37. The Commission also adopted a procedural schedule so that consideration of the matter could proceed in an efficient and orderly manner. On January _, 2020, Springdale Water Utilities filed a Request to Substitute Parties. Springdale Water Utilities requested that the Commission substitute Springdale Water Utilities in the place of NANTRAG as the third -party petitioner in this rulemaking docket. As part of its request, Springdale Water Utilities agreed to comply with the remaining procedural requirements outlined in Minute Order Nos. 18-04 and 18-21. The Commission, having considered the request, hereby orders that Springdale Water Utilities be substituted in the place of NANTRAG as the third -party petitioner in this rulemaking docket, and that Springdale comply with the remaining procedural schedule and requirements provided in Minute Order Nos. 18-04 and 18-21. L. Bengal A. Bigger C. Colclasure J. Fox M. Freeze M. Goggans D. Haak B. Holland D. Melton — Chair SUBMITTED BY: Allan Gates 7281869.1 R. McMullen D. Melton S. Moss, Jr. R. Reynolds R. Roper W. Ward B. White DATE PASSED: