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519 929 3966 ' <br /> AUG 11 '7ti i. ;di -KJWN BRGTh-icRS pLBG � riTG CO INC P.„iq 03 <br /> 8 ' <br /> EPTING AND HACKNEY <br /> ATTORNEYS AND COUN311-WR3 AT LAW <br /> 410 AIRPORT ROAD <br /> t O.DRAM 129 <br /> CHAPU BILL,NOM CAROLINA 27614 <br /> IOMT ZMNG r�urirorn o2�-wa,s <br /> toe"u+cr t�,ticrts oso•aodo <br /> ALtZJ Jag 1.aMY <br /> PA tvciWa AAU 0M m t <br /> s August 10, 1994 <br /> Dr. David Moreau, Chairman <br /> Environmental Management Commission <br /> 16 Kendall Drive <br /> Chapel Hill, NC 27514 <br /> Re: Request for EMC to Adopt Temporary Rules <br /> to Allow Prompt Implementation of HB 1628 <br /> Dear Mr. Chairman: <br /> .since the B.HC's last meeting, the Legislature adopted <br /> Representative Kuczmarski'a bill providing for the allocation of <br /> grant funds to remedy existing imminent public health hazards <br /> arising out of failed low pressure pipe sewer ey>atems, such as the <br /> one built (after DEM approval of the design) to serve the ,Piney <br /> Mountain subdivision in Orange County. This legislation provides <br /> for immediate application for these funds under temporary rules to <br /> be adopted by the EMC. As the window for application and award of <br /> these grant funds is extremely small (prior to December 31, 1544) , <br /> it seems the Commission ought to act promptly to adopt temporary <br /> rules so that the applications I know are already prepared and <br /> others that are being prepared can receive prompt consideration. <br /> I am sure you know that the Legislature authorized. a special <br /> expenditure which will come frost the Economic Development <br /> Commission in the sum of Two Million Dolla?ex to fund this special, <br /> short term program. This appropriation.allays the objections last <br /> raised before the Commission that allocating high coat grunt funds <br /> *to remedy problems like the Piney Mountain subdivision system <br /> failure will diminish the funds available and otherwise' allocable <br /> to remedy problematic urban wastewater treatment problems such as <br /> those associated with the grant vAda at our last meeting to the <br /> City of Jacksonville. In addition, I believe it behooves us at the <br /> Commission► to reconsider our previous action (taken on the piney <br /> Mountain subdivision application) in light of tha Legit lature's <br /> eubasequant action authorizing and approving the use of! the grant <br /> fund for these purposes, (albeit within a narrow window of time and <br /> circumstance) , and directing the Commission to adopt, temporary <br /> rules to accyotaxodate this express legislative directive. <br /> I have spoken with DEM staff and understand that they believe <br /> they can have temporary rules ready for the Commission's <br /> aonsidaration and action at its Septeubetr meeting. Staff is ready <br />