LANGUAGE BARRIER: State department says city's legal lingo is not up to par

By Sharon Michael , The Chronicle, 8/26/98

The Centralia City Council is up in arms over last-minute objections by the state Department of Ecology over legal language in a consent decree that would resolve a lawsuit brought against the agency over wastewater discharge permit conditions.

City officials signed the agreement earlier this month in time to meet the Aug. 15 court- ordered filing deadline.

But last week, Ecology representative Kahle Jennings said there were still some unresolved differences regarding specific legal language in the consent decree.

Although city officials are unhappy about the settlement delay, Jennings believes Ecology officials have "good reasons" for objecting to some language in the document.

That apparently was news to Centralia and city officials, who believed they had a final agreement.

One thing about which Ecology and city officials agree is the judge "is not happy." Jennings said Judge Robert J. Bryan has now given the parties two options - go to trial, or go into mediation with another judge.

"He felt he'd allowed us enough time," Jennings said. "My understanding is he thought he had been assured in January that we had essentially reached agreement."

Ecology, city and Darigold officials, along with their attorneys, have agreed to sit down together Sept. 2 in a last-ditch effort to reach final agreement and avoid Judge Bryan's wrath. They hope to work out their differences before the judge sets a mediation date.

Last week, Chehalis Public Works Director Barry Heid said problems with the agreement basically involved clarifying some language. But the issue was discussed Monday in a closed session following the regular council meeting.

Centralia city councilors were informed of the problem Tuesday night during their regular meeting by City Manager Tom Reber.

"We are not happy with current developments," Reber told the council.

But, he said, the issues affecting Centralia are very minor."

Utilities Director Dick Southworth agreed that most changes requested by Ecology involve "semantics," but he complained Ecology's decision to allow Chehalis to consider aeration "knocked out" consideration of a regional plant that the agency previously encouraged.

Until last month, Ecology officials said aeration was not a treatment option allowed under state and federal regulations. But after Chehalis Mayor Bob Spahr and Heid lobbied state legislators, the agency reversed its decision, agreeing to allow the city to study aeration as a possible means of meeting water quality standards.

Adding dissolved oxygen to treated wastewater could allow the city to continue to discharge into the Chehalis Reach during low-flow periods without degrading water quality.

Centralia officials are unhappy with Ecology is last-minute changes to the agreement, and with the way the agency does business.

"You just don't negotiate that way," Southworth said. "We want an explanation."

"I think we need to make it clear we're not playing any more games," said Mayor Jessie Brunswig.

"Hear, hear," chimed the other six city councilors.

A tentative settlement agreement, drafted last fall after a year of mediated negotiations, was discussed in February public meetings. June 15, Chehalis and Centralia city councils met in a joint closed session to work out what they believed were the last details of the agreement.

Sharon Michael covers Centralia and Chehalis city governments for The Chronicle. She can be reached by E-mail at smichael@chronline.com or by calling 807-8237.

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