MODIFIED LANGUAGE. Wastewater agreement would resolve lawsuit by state


By Sharon Michael,The Chronicle, 9/15/98

Chehalis city councilors Monday authorized Mayor Bob Spahr to sign a modified agreement with the state Department of Ecology that would resolve a lawsuit over wastewater discharge permit conditions.

After more than two years of mediated negotiations, the council thought it had a final agreement in July, when it authorized the mayor to sign a consent decree.

But in August, Ecology officials notified Chehalis, Centralia and Darigold Inc. that some language changes were necessary before they would sign the agreement.

Representatives from the cities of Chehalis and Centralia, along with Darigold -- all plaintiffs in the Ecology lawsuit - and their attorneys sat down with agency officials in Olympia two weeks ago to resolve Ecology's problems with the legal language in the final decree.

Chehalis Public Works Director Barry Heid told the council Monday city representatives were "successful in getting DOE to accept the wording previously agreed to by the council."

"It was a stressful meeting, but one that was very fruitful for the city," Heid reported.

There are some minor language changes in the revised document, Heid said, but "it continues to include the prohibition of our discharge to the river under a flowbased scheme rather than a calendar basis. It also contains the same interim treatment standards and discharge limits, and no change to most of the provisions that were contained in the decree discussed and accepted by the city in July."

In another water-related matter, councilors signed the official agreement forming the Chehalis River Basin Watershed Management Partnership.

City Manager Dave Campbell noted the partnership cannot take action that binds its members.

The watershed management group includes government, industry and private citizen members, now being recruited by Lewis, Thurston, Mason and Grays Harbor county officials.

Spahr said the partnership helped the city get "a little more cooperation with our TMDL problem."

Ecology's water-quality study also known as a total maximum daily (pollutant) load study - led the city to sue Ecology over wastewater discharge permit conditions based on the study's findings.

In other business Monday, the council:

Agreed to continue a public hearing on a proposed Hamilton Road water and sewer local improvement district until the next council meeting Sept. 28.

Scott Blinks, the attorney for a group of Hamilton Road property owners, asked the council Monday to postpone action again on a proposed water and sewer LID.

The hearing was continued from last month to give residents additional time to evaluate the cost of participating in the LID.

Blinks said his clients are still evaluating options," and there are "financial hurdles they hope to overcome." Blinks said the group is attempting to work out a plan to join with another developer "south of town for the benefit of both."

Spahr recommended Blinks meet with the council's growth management subcommittee for assistance.

Estimated costs to extend city water and sewer to the area have increased, owing in part to the city's desire to install a larger line with greater capacity. The city would pay a portion of the additional cost, but LID members would also pay substantially more.

Continued until Oct. I a hearing on the proposed vacation of the alley between Northwest Prindle and Northwest Center streets from Northwest Pacific to Northwest Chehalis avenues.

Centennial Bank, which requested the alley be vacated, recommended the delay to allow time for the bank and owners of a nearby historical building housing a tavern and upstairs apartments to work out building access plans. The bank would use part of the alley for access to its drive-through service.

Conducted a closed session following the regular meeting dealing with real estate acquisition, a review of the performance of a public employee, and potential litigation. No decisions were announced following that meeting.


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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