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Agenda - 03-16-2010 - 8c
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Agenda - 03-16-2010 - 8c
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3/16/2010
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Regular Meeting
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Agenda
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8C
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Minutes 03-16-2010
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5 <br />- Other potential joint or partnership activities that furthers needed knowledge or <br />information regarding biosolids application. <br />Commissioner Pelissier asked about the resources available if a task force were to be <br />formed. She suggested making this a collaborative effort between the boards and <br />commissions. She also asked about the outcomes of this forum with the "unbiased expert." <br />She said that having a variety of speakers would provide different views. <br />Frank Clifton said that an unbiased person would be a person who would have <br />experience and knowledge and a broader view on this subject of water quality and the <br />environment. <br />Commissioner Jacobs said that they want to have people present, so he would like to <br />invite comments from the public, so there should be some sort of facilitator. He would also like <br />to invite debate. He said that it has already been the position of the County Commissioners of <br />wanting more regulatory control over this issue, and he would like to have this discussed at this <br />forum. He asked the County Attorney for suggestions about this. <br />John Roberts said that he did look into the regulatory options and none are good <br />options. He said that a local bill would not be possible, because it would be unconstitutional <br />since the issue is one of health. A statewide bill is an option, which would grant local <br />governments increased authority to regulate. There is some movement in the state to seek <br />this. There is a statute that allows regional solid waste management authorities to regulate <br />and manage sludge. There are only two regional solid waste management authorities in the <br />state on the coast that regulate sludge. They only attempt to regulate it within the confines of <br />their landfills. The final option would be litigation, and that is not really regulation. In this <br />option, the County would sue the state for failing to adequately monitor the application of <br />biosolids in Orange County. The two options that are most likely to succeed are showing the <br />violation of the constitution of provisions that the state is required to follow and showing that <br />the state is not adequately enforcing its own rules and regulations. He said that the state is <br />currently looking at the Sludge Application Study of 2009 and whether current regulation of the <br />land application of sludge adequately protects health and the environment. This report is due <br />in 2010. His recommendation as far as regulation is that, if Orange County wants to seek <br />partners to look for increased authority on a statewide basis, this could be started immediately. <br />Also, the County could wait for the results of the study and see if the state does anything <br />about it. <br />Commissioner Jacobs made reference to the forum and said that one of the things it is <br />looking for is prioritized research needs. He said that the County is not spending all of the <br />money on the study with UNC and he suggested using some of this money to looking into the <br />research needs. <br />Rosemary Summers said that there was $10,000 from the Health Department's budget <br />that was encumbered for the research study, and none of it has been used because it was not <br />an adequate amount to fund the research. <br />Commissioner Hemminger said that she would be concerned that the forum would be <br />preaching to the choir. She feels that the task force would be more productive. She thinks <br />that the big questions are: Is it safe? Should we be doing it? What can we do about it? <br />Chair Foushee said that the County Commissioners have tried to move forward twice <br />legislatively and she sees the forum as educating more than just the County. She thinks that it <br />would be hard to move forward with staffing a task force until there is an education piece. <br />Frank Clifton said that a public forum could be well publicized. His big question is how <br />much money the County Commissioners want to spend studying this. <br />
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