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HomeMy WebLinkAboutAgenda - 03-16-2010 - 8cORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 16, 2010 Action Agenda Item No. $ - C SUBJECT: Planned Educational Summit on the Land Application of Wastewater Biosolids DEPARTMENT: Health, Environment and Resource Conservation, & Cooperative Extension PUBLIC HEARING: (Y/N) No ATTACHMENTS Draft Forum Program Proposal Minutes from 10/13 BOCC Worksession INFORMATION CONTACT: Frank Clifton, County Manager, 245- 2300 Dr. Rosemary Summers, Health Director, 245-2411 David Stancil, ERCD, 245-2510 Tom Konsler, Environmental. Health, 245-2365 Dr. Carl Matyac, Cooperative Extension, 245-2062 PURPOSE: To receive information about a regional educational summit being planned by NC State University and partners on the land application of wastewater biosolids. BACKGROUND: At its October 13, 2009 work session, the Board received a comprehensive background summary of local issues and activities regarding the land application of public wastewater biosolids dating back to the late 1980s. At the October 2009 work session, the Board directed the Health Director, ERCD Director, and Extension Director to work with the County Manager to develop a draft program for a facilitated public education forum designed to provide for an unbiased perspective on the scientific research on land application of biosolids. Staff was also to consider whether it would be better for the forum to have a regional perspective rather than just focusing on local issues. Since that time, County staff has participated in meetings with experts from North Carolina State University (NCSU) who have also been interested in organizing an educational forum. NCSU's interest, however, is in holding a meeting that would approach the issues from a more regional or statewide perspective. Over the past two months, a planning committee has met to develop a program for an educational forum. The goal is to address areas of concern regarding land application of biosolids, with topic-specific presentations by professionals representing several differing perspectives. The planning committee has made a commitment to present unbiased information. The planning committee includes representatives from NCSU, the NC Department of Environment and Natural Resources (NCDENR), the NC Department of 2 Agriculture, Orange County, Alamance and Chatham counties, Synagro (industry) and a representative of a local riverkeepers group. County staff has participated in these discussions and believes that this approach may meet the "forum" needs identified in October, as long as the program holistically covers the multitude of issues that have been raised locally over the past several years. The current plan is for atwo-day Biosolids Educational Summit. A draft of the planned program is provided as an attachment. The summit would be held April 27-28 at the McKimmon Center in Raleigh. The program would be organized into four sessions: general overview topics, the science of land application, current and future issues and concerns, and an optional site visit /tour of facilities. The draft agenda includes presentations on the following topics: - History of the Clean Water Act - Biosolids 101 (Setting the stage) - Current regulations (federal, state, local) - Site criteria and permitting - Biosolids Land Application 101 - Issues (actual and perceived): nutrients, heavy metals, pathogens, air quality, organics, public health concerns - The future; where we are going - Communication with and for the public - Alternatives to land application (pros and cons) - How to find what lands have been used for land application - Economics of land application - New regulations - Are there new, more, different regulations and research needed? - Tour of NRWWTP and/or biosolids application field(s) Presenters will be from North Carolina and from out of state, including experts from the US Environmental Protection Agency, NCDENR, UNC School of Public Health, and university researchers from Michigan and Arizona. Sue Dayton of the Blue Ridge Environmental Defense League (BREDL) and Terry Buckner (Orange County resident and moderator of the Sludge Listserve) are also scheduled on the draft program. Orange County biosolids data will also be used as an example of how the location of land application sites can be tracked by GIS. Question and answer sessions would be held after each section of the program. Staff proposes that interested County residents be invited to participate in this regional forum. In the event there are remaining or lingering local issues and questions, afollow-up session in Orange County could be scheduled to discuss these matters at a more local level. FINANCIAL IMPACT: There is no cost to Orange County to participate in the planned forum beyond individual registration fees (which are to be determined by NCSU, but expected to be nominal). RECOMMENDATION: The Manager recommends that the Board receive the report, review the proposed forum plans, and provide feedback for the Health Director and ERCD Director to share with the organizers of the planned NCSU educational summit. Draft Agenda Fork to Farm: A Biosolids Educational Summit April 27-28, 2010 April 27 (AM): General topics Welcome (& Groundrules) Johnny Wynne (GALS), Coleen Sullins (DWQ) Michael Voiland, WRRI Director History of Clean Water Act Biosolids 101 (Setting the stage: Where we are) Current Regulations (EPA, NCDENR, Local) Q&A Break Site criteria and permitting Land Application 101 Q&A Lunch EPA: Bob Bastian, Rick Stevens, Charles Noss TBA Jon Risgaard Bob Branch, Branch Residuals & Soils Tim Woody, CORPUD April 27 (PM): The science of land application of residuals Issues (problems perceived vs reality) Steve Wing, UNC-PH Agronomic & nutrient mgt Greg Evanylo, Virginia Tech Heavy Metals Rufus Chaney, USDA/ARS Pathogens Jordan Peccia, Yale Univ. O&A Break Air Quality Organics (application to soils) Public health and health concerns Q&A Wrap Up and Issues for next day April 28 (AM): The Future and Issues Ian Pepper, Univ of AZ Rob Hale, William and Mary, VIMS Joseph Eisenberg, Univ. of Mich. The future: where are we going Jeff White, NCSU Soil Science Communication with and for the public Terri Buckner, Sludge list serve Alternatives to land application (pros and cons). Richard Tsang, CDM Q&A Break How to find land used for land application The Economics of Land Application New regulations: EPA, NCDENR, NCDA Are new/different regs & research needed? Q&A Ed Hardee, NCDENR Kelly Zering, NCSU EPA: Bob Bastian, Rick Stevens, Charles Noss, Sue Dayton, BREDL 3 Wrap Up Tour of NRWWTP and/or biosolids application field(s). 4 APPROVED 11/17/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION October 13, 2009 7:OOp.m. The Orange County Board of Commissioners met for a work session on Tuesday, October 13, 2009 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, NC. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice Gordon, Pam Hemminger, Barry Jacobs, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: Mike Nelson COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) 1. Land Application of Wastewater Biosolids Environment and Resource Conservation Director Dave Stancil said that he and Rosemary Summers will be tag-teaming. He said that the County has been dealing with biosolids and sludge application since the 1980's. He said that this is not a new issue. Recently, in March 2008, someone came to the Board about Burlington's biosolids permit renewal. This set in stage some actions and memoranda from the advisory boards, Board of County Commissioners, and the Division of Water Quality. These are all attached to the abstract. He said that in the end, there were a number of issues identified. In August 2009, there was a proposal by the Health Department to take work with the UNC School of Public Health and turn it into a forum concept. The forum process would have a neutral party to come and provide information about the topic and boil issues down to key questions that need to be answered or that need further research. The legality of the issues has been addressed by John Roberts in the attachments. Health Director Rosemary Summers said that the Health Department does have a program governed by local rules of monitoring of biosolid sites in Orange County. The monitoring is done by unscheduled visits when the Health Department is notified that the application will be taking place. This monitoring is only done to make sure permits are being followed and there is no regulatory author7ty. The Health Department could report to the Division of Water Quality, who is the regulator and enforcer. Dave Stancil said that Cooperative Extension has been involved in these discussions along with ERCD and the Health Department. He made reference to the four bullets on page 3, which are bigger picture questions: Engaging the State and utility providers in program, Memoranda of Agreement with the State communication and monitoring, Exploration of activities by other counties issues, and an enhanced monitoring and maintenance or with utility providers tp provide for more around the nation in addressing biosolids 5 - Other potential joint or partnership activities that furthers needed knowledge or information regarding biosolids application. Commissioner Pelissier asked about the resources available if a task force were to be formed. She suggested making this a collaborative effort between the boards and commissions. She also asked about the outcomes of this forum with the "unbiased expert." She said that having a variety of speakers would provide different views. Frank Clifton said that an unbiased person would be a person who would have experience and knowledge and a broader view on this subject of water quality and the environment. Commissioner Jacobs said that they want to have people present, so he would like to invite comments from the public, so there should be some sort of facilitator. He would also like to invite debate. He said that it has already been the position of the County Commissioners of wanting more regulatory control over this issue, and he would like to have this discussed at this forum. He asked the County Attorney for suggestions about this. John Roberts said that he did look into the regulatory options and none are good options. He said that a local bill would not be possible, because it would be unconstitutional since the issue is one of health. A statewide bill is an option, which would grant local governments increased authority to regulate. There is some movement in the state to seek this. There is a statute that allows regional solid waste management authorities to regulate and manage sludge. There are only two regional solid waste management authorities in the state on the coast that regulate sludge. They only attempt to regulate it within the confines of their landfills. The final option would be litigation, and that is not really regulation. In this option, the County would sue the state for failing to adequately monitor the application of biosolids in Orange County. The two options that are most likely to succeed are showing the violation of the constitution of provisions that the state is required to follow and showing that the state is not adequately enforcing its own rules and regulations. He said that the state is currently looking at the Sludge Application Study of 2009 and whether current regulation of the land application of sludge adequately protects health and the environment. This report is due in 2010. His recommendation as far as regulation is that, if Orange County wants to seek partners to look for increased authority on a statewide basis, this could be started immediately. Also, the County could wait for the results of the study and see if the state does anything about it. Commissioner Jacobs made reference to the forum and said that one of the things it is looking for is prioritized research needs. He said that the County is not spending all of the money on the study with UNC and he suggested using some of this money to looking into the research needs. Rosemary Summers said that there was $10,000 from the Health Department's budget that was encumbered for the research study, and none of it has been used because it was not an adequate amount to fund the research. Commissioner Hemminger said that she would be concerned that the forum would be preaching to the choir. She feels that the task force would be more productive. She thinks that the big questions are: Is it safe? Should we be doing it? What can we do about it? Chair Foushee said that the County Commissioners have tried to move forward twice legislatively and she sees the forum as educating more than just the County. She thinks that it would be hard to move forward with staffing a task force until there is an education piece. Frank Clifton said that a public forum could be well publicized. His big question is how much money the County Commissioners want to spend studying this. 6 Commissioner Pelissier said that she wants to see a forum on this issue. Some people are interested in the control of applications and some are interested in the science of biosolids. She said that the fundamental question is whether this is safe, that this should be viewed as a "stage" process, and some of the questions on page 14 should be addressed. Commissioner Gordon said that she has some of the same questions as Commissioner Hemminger about what a forum could do. She wonders whether a task force would be a better method to address this issue. She said that OWASA may be willing to have its sludge tested, but it is Class A. There are others that have Class B, and this is most worrisome. She would like to know if there is any way to do the study that the Health Department proposed and if not, then why. Commissioner Jacobs said that he thinks the County's interest in regulating is to have biosolids not put in environmentally sensitive areas and water quality critical areas. He would like to explore some minimum standards. He would like to start off with a forum, which could yield a task force. We also suggested finding out what kind of research the state was doing, so that there is no duplication. Rosemary Summers said that she may have more information tomorrow after the Health Directors' meeting. Commissioner Yuhasz said that they need to know how dangerous biosolids are and holding a forum could answer this question. He suggested having the person doing the state study come to the forum. Craig Benedict said that the location of the application of biosolids is involved in the permit process. He said that the critical area maps that are designated watersheds by the Environmental Management Commission have different shapes around the reservoirs than what the County has. He said that maybe a regulatory avenue is that the County's watersheds are more critical because they are so limited with headwaters. This might be a way that the County can influence where biosolids are applied. Dave Stancil said that the Department of Agriculture study will be interesting. He said that the language in the legislation reads a lot like someone has been thinking about the same things that the County has been trying to address. He will be curious to see how quickly the study is released. Rosemary Summers made reference to the research study and said that there were farmers that did agree to have researchers look at their farms. She said that $10,000 was not enough for the sampling that would provide the scientific validity. Commissioner Gordon said that the County Commissioners need to decide how much money to spend on research. She said that she is not convinced that a forum is worth $10,000. Dave Stancil said that the recommendation was to authorize staff to modify the forum concept and to find some ground that addresses the Board's desired outcomes. Frank Clifton spoke again in support of the forum. Chair Foushee said that there is general support to move forward with the forum as outlined in the Manager's recommendation, with the reservations articulated. The Board agreed. 2. NC Mountains-to-Sea Trail - Orancte County Segment Dave Stancil said that this is a follow-up on the NC Mountains to Sea Trail -Orange County Segment. Rich Shaw made a PowerPoint presentation. BACKGROUND: The North Carolina Mountains-to-Sea Trail (MST) is a planned 1,000 mile trail that will traverse the state from the Great Smoky Mountains in western North Carolina to