2013-16

RESOLUTION OF THE COUNCIL FOR THE CITY OF MARION, OHIO AS TO THE OHIO ENVIRONMENTAL PROTECTION AGENCY'S ENFORCEMENT OF STAGE 2 DISINFECTION BYPRODUCT REGULATIONS, AND DECLARING AN EMERGENCY

WHEREAS, the Council has facilitated a number of informative forums in regard to the Ohio Environmental Protection Agency's enforcement of recent regulation enhancements in regard to stage 2 disinfection by product standards which E.P.A. made effective January 1, 2013, and

WHEREAS, the Council previously introduced a proposed Ordinance intended to provide additional time for community members, representatives and those involved to learn more facts in relation to the O.E.P.A. application of federal regulations as to the Ohio drinking water systems,

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Marion, Marion County, Ohio,

SECTION 1. As referenced above, the Council having enabled additional time for community members, representatives and those involved to learn more facts in regard to the modifications imposed by the federal regulators by and through the Ohio Environmental Protection Agency with the desired end being the reduction and/or elimination of trihalomethanes (THMs) and haloacetic acids (HAAs) from drinking water. Council recognizing there is pending in Court a challenge to the aforementioned O.E.P.A. approved secondary disinfection process being employed and that Court is best able to address legal challenges to referenced processes and regulations.

SECTION 2. The Council supports and joins in full support of Aqua Ohio’s formal inquiry and written request to the O.E.P.A. for a waiver from compliance or an extension of time as to implementation of the Stage 2 Disinfectants and Disinfection byproduct Rule to be filed by June 28, 2013. City requests Aqua make no change to the treatment process until receipt in writing of an OEPA determination as to the waiver/extension. Council is also supportive of the efforts to submit an Application to the American Water Works Association for capital funding from certain referenced atrazine settlement associated with replacement of the chloramine system with another system, such as Anthracite to Activated Coal. The analysis including, as will be demanded by the PUCO as to capital expenditures and rates, factors such as "low cost alternatives" available taking into account safety and efficacy as the PUCO sets revenue requirements upon customers of the system associated with the implementation of the O.E.P.A. regulations and standards.

SECTION 3. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety of the City of Marion and the inhabitants thereof, given the immediate need to provide guidance and input going forward ; and as such shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council; otherwise it shall become effective from and after the earliest period allowed by law.

___________________________
Mike Thomas
Council Pro-Tempore
APPROVED:


______________________________
Mayor Scott Schertzer


Attest:

______________________________
Clerk of Council