Post Falls, Hayden Area Regional Sewer Board sue feds over Spokane River dissolved oxygen cleanup plan (TMDL)
July 7, 2010
Forum Staff
The Post Falls City Council approved a resolution to file a lawsuit against EPA in federal district court over the Spokane River DO TMDL, which EPA approved in May. The Hayden Area Regional Sewer Board is expected to join the suit.
For months, Idaho dischargers have contended that EPA permits to regulate phosphorus reduction at wastewater treatment plants pose an unfair burden to them. EPA permits are expected to follow guidance established after EPA led modeling of sources and impacts of dissolved oxygen in the Spokane River. The Spokane River DO TMDL was approved by EPA and will guide issuance of wastewater treatment permits in Washington.
From an Idaho municipalities perspective, Washington dischargers receive more favorable discharge limits. The result would be future impacts to development and growth, even the possibility of future building moratoriums. Ecology and others disagree with this assessment.
According to Rick Eichstaedt, staff attorney with Spokane Riverkeeper program, “We don’t know what the EPA permits will look like, so the cart may be before the horse. And the lawsuit itself relies on over inflated growth figures and the contention that reduction numbers are substantially different from Washington. What we do know is Idaho ratepayers are spending a lot on lawyers.”
At the Spokane River Forum conference in the spring, a powerpoint presentation layed out the Idaho perspective. That PowerPoint is attached.