DO TMDL Dispute Resolution Requested and Scheduled
March 13th
Spokane River Staff
In late February, a dispute resolution process regarding the Dissolved Oxygen TMDL submitted by Washington Department of Ecology to EPA for approval was requested by the City of Post Falls and Hayden Area Regional Sewer Board, the City of Coeur d’Alene, and Inland Empire Paper company. On March 12th, Avista also requested dispute resolution.
The filings for dispute resolution and other background material are now on Ecology’s web site.
According to Ecology’s WQP Policy 1-25, the purpose of dispute resolution is “to establish a mechanism by which a local entity or citizen can ask for reconsideration of final TMDL/Water Cleanup Plan reports developed by the Department of Ecology ….”
An e-mail sent by Ecology states that “Ecology’s Water Quality Program has agreed to hold an oral presentation meeting according to WQP Policy 1-25 where the disputing parties can present their claims and evidence to a dispute resolution panel consisting of 4 Ecology staff, uninvolved in the development of the TMDL, and with expertise related to the disputed claims (panel members are identified in Policy 1-25).
The details for this meeting are as follows:
Date/Time: Monday, 5 April 2010 from 1:00pm – 5:00pm
Location: Spokane Fire Department Training Complex (downtown Spokane)
1618 N. Rebecca St
Spokane, WA 99217”
Filing a request for dispute resolution occurs within 30 days of the final report being made public. Once accepted for dispute resolution, Ecology notifies other potential affects parties. This was done on March 11th. If they wish, notified affected parties have 14 days to provide written comments. When an oral presentation is requested, up to a half day meeting with dispute resolution panel is scheduled. This is the April 5th meeting described above.
The Dispute Resolution Panel is named by the Ecology Director and acts as an advisory group to the Director. The Ecology Director receives the panel’s recommendations. The Director makes the final decision, including a response to each dispute element. The Director’s decision regarding this dispute resolution is expected within 30 days of the oral presentation.