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| 3/2/2007 12:11:00 PM | Email this article • Print this article | Fairplay sanitation debate takes new turn
Plant controversy boils as committee calls plant ‘over-designed’
By Linda Bjorklund - Correspondent
The Fairplay Sanitation District Board called a special meeting for Feb. 22 at the district office to discuss the proposed new wastewater treatment plant, which has come under fire for possibly being bigger than what's needed and for raising property taxes by a considerable amount.
The Pike's Peak Area Council of Governments (PPACG) reviewed the plans for the plant as required by the Colorado Department of Public Health and Environment and approved them.
However, the Water Quality Management Committee of PPACG expressed a concern that "the proposed Wastewater Treatment Plant appears to be over-designed," according to Jerry Jacobson, chairman of that committee, in a letter dated Feb. 6.
Jacobson further noted: "The design loadings, which affect the cost of the plant, appear to be very high for the population which will be serviced."
That prompted the sanitation board to consult Burns and McDonnell Engineering about redefining the scope of work for the plant.
Delays created
The decision to look into redesigning the plant disrupts the stringent time schedule formerly proposed for construction of the plant. Construction plans were to have been completed by March 2007, and the wastewater treatment plant was to have been operational by August, 2008.
Funding for the project, which was formerly anticipated to cost $7.7 million, will be impacted by the delay. The bond issue approved by public vote in May 2006, which was in the amount of $3.5 million, has been offered and sold. But those monies received are, as of now, unspent.
The $3.5 million expected to be obtained from a State Revolving Fund Loan had to have been applied for by Mar. 1, 2007. However, the revised engineering plans cannot be available by that date, so the loan will need to be postponed until next year. The loan was to have been repaid by property taxes levied.
Cease and desist
Plans for the new plant were part of a response to the "Notice of Violation/Cease and Desist Order" dated Aug. 29, 2006. That order was sent by the Colorado Department of Public Health and Environment to the Fairplay Sanitation District for its consistent violation of maximum ammonia levels discharged into the Middle Fork of the South Platte River from the plant.
The Order stated: "[The Fairplay Sanitation] District was to perform threshold testing and analysis and provide a report and workplan to the [Quality Control] Division by September 30, 2005."
The Order further stated: "The District has failed to submit the report/workplan to the Division." The District was thereupon ordered to "Cease and Desist from all violations of the Colorado Water Quality Control Act." Substantial penalties can be assessed for continued violation.
Tax levy certified
Meanwhile, the tax levy submitted and approved by the Board of County Commissioners in December 2006 has been duly certified, as has the mill levy assessed to property owners within the district, which encompasses the Town of Fairplay and some other properties outside the town.
Tax bills have been mailed and the taxes are now due and payable, which include the hefty 20 mill increase for the district designed to pay for the new plant.
Park County Assessor Dave Wissel was on hand at the special sanitation board meeting to explain that there is no precedent for de-certifying a mill levy for property taxes, although he has contacted a number of sources to determine if it could be done. Similarly, Fairplay Sanitation Board attorney Robert Tibbals has investigated the matter and found no authority to de-certify or change a mill levy once it has been approved. Both will continue to pursue possible solutions. Wissell noted that there are some 1150 properties affected.
Fairplay property owner Karen Sears said in the special meeting that she objected to paying what most commercial property owners consider an excessive tax for a year in which the money is not needed, and, in light of current changes, would probably be considerably lowered.
The sanitation board approved submitting an application to the Town of Fairplay for annexation of Fairplay Sanitation District property to the town. In Dec. 1997 Park County adopted segments of Colorado State House Bill 1041, which called for extensive water quality reports to be submitted to the county in regard to any water or wastewater treatment facilities. The existing plants were not affected at the time, but the new plant would fall under 1041 provisions. Such plants located within an incorporated town, however, are not subject to the report. So the annexation that is proposed would prevent the plant from falling under 1041 requirements.
The Colorado Water Quality Control Commission has scheduled a public rule-making hearing at 10 a.m. on March 13 at the office of the Colorado Department of Public Health and Environment in Denver to consider revised ammonia standards for multiple water segments, which include the South Platte River basin.
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