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Home My WebLink About156-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 156-23 File Number: 2023-905 ADEQ ISSUANCE OF PERMITS: A RESOLUTION TO OPPOSE THE ISSUANCE OF ANY ADEQ PERMIT TO SYNAGRO OR OTHER COMPANY THAT WOULD ALLOW THE RELEASE OR LAND APPLICATION OF NUTRIENT OR PHOSPHORUS INDUSTRIAL WASTE OR SIMILAR MATERIAL WITHIN THE ILLINOIS RIVER OR BEAVER LAKE WATERSHEDS WHEREAS, Northwest Arkansas cities and businesses have worked hard and invested substantial money and resources for many years in an attempt to reduce the overabundance of nutrients including phosphorus in the watersheds of the Illinois River flowing into Oklahoma and the White River flowing into Beaver Lake ; and WHEREAS, excess phosphorus entering our watershed and lakes fuels the growth of harmful and sometimes dangerous algae and increases the purification costs of the Beaver Lake Water District to ensure the water from Beaver Lake remains safe and good tasting; and WHEREAS, Synagro should not be allowed to release or land apply nutrients including phosphorus within the Illinois River basin or watershed nor within the White River basin or watershed that flows into Beaver Lake; and WHEREAS, Beaver Lake is Fayetteville's source of drinking and potable water and the primary source of clean water for half a million persons and businesses in Northwest Arkansas; and WHEREAS, Fayetteville requests that the ADEQ regulate and prohibit land application of phosphorus industrial waste or similar nutrients in nutrient surplus areas, especially those areas with karst geologic formations. 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 declares its opposition to any request from Synagro or other company that would allow the land application or release of industrial waste or similar materials containing nutrients and/or phosphorus by Synagro or other company within either the Illinois River basin or watershed or the White River basin or watershed which flows into Beaver Lake. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the Arkansas Department of Environmental Quality deny Synagro's permit application and any similar permit from any entity. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests that the ADEQ draft appropriate regulations specific to the application of industrial nutrient waste in nutrient surplus areas and areas where karst is present. Page 1 Resolution: 156-23 File Number: 2023-905 PASSED and APPROVED on July 18, 2023 Page 2 Attest: ,` 111111Fil /l gO�tFtK +��: • GAT Y 0 : FAYETTEt Kara Paxton, City erk reasurer �� • J,. c. . A, i,,f GI iON�i CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 18, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-905 FROM: Kit Williams, City Attorney DATE: SUBJECT: Resolution to Oppose Issuance of ADEQ Permit to Synagro RECOMMENDATION: Council Member Teresa Turk is sponsoring a resolution to oppose any request from Synagro or other company that would allow the land application or release of industrial waste or similar materials containing nutrients and/or phosphorus by Synagro or other company within either the Illinois River basin or watershed or the White River basin or watershed which flows into Beaver Lake BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Oppose Synagro ADEQ Permit - Council Member Turk Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-905 Resolution to Oppose Issuance of ADEQ Permit to Synagro A RESOLUTION TO OPPOSE THE ISSUANCE OF ANY ADEQ PERMIT TO SYNAGRO OR OTHER COMPANY THAT WOULD ALLOW THE RELEASE OR LAND APPLICATION OF NUTRIENT OR PHOSPHORUS INDUSTRIAL WASTE OR SIMILAR MATERIAL WITHIN THE ILLINOIS RIVER OR BEAVER LAKE WATERSHEDS WHEREAS, Northwest Arkansas cities and businesses have worked hard and invested substantial money and resources for many years in an attempt to reduce the overabundance of nutrients including phosphorus in the watersheds of the Illinois River flowing into Oklahoma and the White River flowing into Beaver Lake ; and WHEREAS, excess phosphorus entering our watershed and lakes fuels the growth of harmful and sometimes dangerous algae and increases the purification costs of the Beaver Lake Water District to ensure the water from Beaver Lake remains safe and good tasting; and WHEREAS, Synagro should not be allowed to release or land apply nutrients including phosphorus within the Illinois River basin or watershed nor within the White River basin or watershed that flows into Beaver Lake; and WHEREAS, Beaver Lake is Fayetteville's source of drinking and potable water and the primary source of clean water for half a million persons and businesses in Northwest Arkansas; and WHEREAS, Fayetteville requests that the ADEQ regulate and prohibit land application of phosphorus industrial waste or similar nutrients in nutrient surplus areas, especially those areas with karst geologic formations. 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 declares its opposition to any request from Synagro or other company that would allow the land application or release of industrial waste or similar materials containing nutrients and/or phosphorus by Synagro or other company within either the Illinois River basin or watershed or the White River basin or watershed which flows into Beaver Lake. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the Arkansas Department of Environmental Quality deny Synagro's permit application and any similar permit from Page 1 Resolution: 156-23 File Number. 2023-905 any entity. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests that the ADEQ draft appropriate regulations specific to the application of industrial nutrient waste in nutrient surplus areas and areas where karst is present. Page 2 Civic Clerk Item No.: 2023-905 AGENDA REQUEST FORM FOR: Council Meeting of July 18, 2023 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO OPPOSE THE ISSUANCE OF ANY ADEQ PERMIT TO SYNAGRO OR OTHER COMPANY THAT WOULD ALLOW THE RELEASE OR LAND APPLICATION OF NUTRIENT OR PHOSPHORUS INDUSTRIAL WASTE OR SIMILAR MATERIAL WITHIN THE ILLINOIS RIVER OR BEAVER LAKE WATERSHEDS APPROVED FOR AGENDA: An�roved by email City Council Member Teresa Turk (:�)(- ,�f I Fayetteville 'ty Attorney Kit Williams Approved as to form Julv 5, 2023 S 20 z n Williams, Kit From: Turk, Teresa Sent: Wednesday, July 5, 2023 1:12 PM To: Williams, Kit Subject: Re: Syngro permit opposition Looks great! Thank you for drafting this resolution and the requested changes. I appreciate it, Teresa Sent from my iPhone On Jul 5, 2023, at 9:42 AM, Williams, Kit <kwilliams@fayetteville-ar.gov> wrote: Teresa, Revised as requested. I must get back to my brief in the Pet Store case and cannot revise this further today. Kit From: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Sent: Wednesday, July 5, 2023 9:36 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: Re: Syngro permit opposition The 3rd whereas should be prohibit from land application in nutrient surplus areas where there are already excess nutrients. There is a definition of nutrient surplus areas in Arkansas regulations. Colene Gaston can probably cite the regulation. Thanks again Kit! Teresa Sent from my iPhone On Jul 5, 2023, at 7:40 AM, Williams, Kit <kwilliams(a@fayetteville-ar.gov> wrote: Teresa, Attached please find a revised resolution against Synagro's application. If you approve, I will try to get it on the agenda at today's staff agenda meeting (2:30) Kit <RES OPPOSE ADEQ PERMIT TO SYNAGRO.docx> <RES OPPOSE ADEQ PERMIT TO SYNAGRO.docx> 1 RESOLUTION NO. A RESOLUTION TO OPPOSE THE ISSUANCE OF ANY ADEQ PERMIT TO SYNAGRO OR OTHER COMPANY THAT WOULD ALLOW THE RELEASE OR LAND APPLICATION OF NUTRIENT OR PHOSPHORUS INDUSTRIAL WASTE OR SIMILAR MATERIAL WITHIN THE ILLINOIS RIVER OR BEAVER LAKE WATERSHEDS WHEREAS, Northwest Arkansas cities and businesses have worked hard and invested substantial money and resources for many years in an attempt to reduce the overabundance of nutrients including phosphorus in the watersheds of the Illinois River flowing into Oklahoma and the White River flowing into Beaver Lake ; and WHEREAS, excess phosphorus entering our watershed and lakes fuels the growth of harmful and sometimes dangerous algae and increases the purification costs of the Beaver Lake Water District to ensure the water from Beaver Lake remains safe and good tasting; and WHEREAS, Synagro should not be allowed to release or land apply nutrients including phosphorus within the Illinois River basin or watershed nor within the White River basin or watershed that flows into Beaver Lake; and WHEREAS, Beaver Lake is Fayetteville's source of drinking and potable water and the primary source of clean water for half a million persons and businesses in Northwest Arkansas; and WHEREAS, Fayetteville requests that the ADEQ regulate and prohibit land application of phosphorus industrial waste or similar nutrients in nutrient surplus areas, especially those areas with karst geologic formations. 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 declares its opposition to any request from Synagro or other company that would allow the land application or release of industrial waste or similar materials containing nutrients and/or phosphorus by Synagro or other company within either the Illinois River basin or watershed or the White River basin or watershed which flows into Beaver Lake. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the Arkansas Department of Environmental Quality deny Synagro's permit application and any similar permit from any entity. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests that the ADEQ draft appropriate regulations specific to the application of industrial nutrient waste in nutrient surplus areas and areas where karst is present. PASSED and APPROVED this 18"' day of July 2023. Ryas ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer