State nixes water site

Tuesday, January 7, 2003

McCook may not be going back to square one in its quest to provide decent water to its citizens, but it will be taking a few steps in a different direction.

During the Dec. 16 meeting of the McCook City Council it was announced that cleanup operations were under way in response on a 1 million-gallon diesel spill under the city's 4 million gallon water storage tank.

In response, Jack Daniel, administrator of the Environmental Health Services Section of the Nebraska Department of Health and Human Services, told the city his office would not approve the city's proposal to place a treatment facility on that site.

A second letter received from Daniel on Jan. 6 has informed the city that not only will his office not approve the siting of a treatment facility on the location, but "the changes in McCook's administrative order will result in 'new construction' which must meet the siting requirements ... of special note is that if the existing 4 million gallon reservoir is to be utilized as part of the treatment process, it would violate section 007.01B unless moved to a safe site outside the diesel plume."

Daniel goes on to say if McCook decides to move all treatment components out of the plume, the existing transmission line from the wells to the 4 million gallon reservoir would be viewed as suspect and the city would have to make its case for continued usage of the existing transmission line.

A letter sent earlier from Daniel's office extended the deadline for a solution to a high nitrate administrative order by 90 days, giving the city until March 20 to file a new proposal.

"Ninety days, that's really gracious," said Councilman Phil Lyons. "I think we tell Jack '90 days is a good start, but it's just not enough.' I'm not in a real rush with this. We need to tell him we need more than 90 days. I've reached the point where I don't think we want to go rushing into this."

Public Works Director Marty Conroy said approval on the application to the Environmental Protection Agency for a Brownfield Study grant would not come until February and the study itself would take at least six months.

"I don't care if it takes 120 days or 180 days or 270 days," said Lyons. "We need time to look at this."

Conroy told the council he would support an action by the council to put the proposal on hold. "I think we're talking about money coming from the city of McCook and I don't think that's something we need to do," he said.

Councilman Jim Kenny questioned the liability of the parties involved in the spill. "Why is this our problem?" he asked. "It's Burlington Northern's problem. If it becomes contaminated, wouldn't Burlington Northern be held liable?"

City Attorney Daylene Bennett told Kenny that type of discussion would be better held in executive session.

Mayor Jerda Garey said the council would continue to review its options, and address cost issues for the new developments. She also asked the staff to continue providing information on developments as they become available. But at this point, "I don't believe we are in a position to make a decision about any future action," she said.

Jim Condon of Olsson Associates, the engineering company that developed the cost analysis of a new treatment facility, said the figures his company used did not designate any certain area for the treatment plant. He said he believed the company's figures would cover the cost of locating the plant at a different location.

But, he explained, the cost estimates did not include relocating the 4 million gallon water tank.

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