IN A PERFECT WORLD - JUSTICE IS BLIND

Dateline: Sedona, Arizona
Wednesday – 1 November 06

In a perfect world, justice would indeed be blind and there would be no need for yet another public hearing on the proposed APP for the Bella Terra project.

As a result of each of the prior two public hearings the owners, developers, engineers and vendor providing the proprietary wastewater treatment plant have “added” accessories intended to placate and ameliorate community opposition to this project. Interestingly the proponents of Bella Terra as well as ADEQ itself steadfastly choose to refuse to address the fundamental question of the “unique” water designation to Oak Creek and the effect of such designation upon the ADEQ solution of “dilution is the solution.” The designation by EPA of Oak Creek as “unique” years ago was thoughtfully declared to prevent precisely what ADEQ and you have allowed to occur. Prior ADEQ action the result of local indifference allowed other projects in the vicinity of Bella Terra to install wastewater treatment systems whose effluent can reach Oak Creek and in that process degrade its quality. Oak Creek as a “unique” water essentially stipulates that no water shall enter this water body which will degrade the quality of its water. While A+ sewage effluent is of high standard, it is not deemed by current ADEQ rule, standard, regulation or law as ‘potable” (drinking) water quality.

The protracted, prolonged and convoluted approach which ADEQ has permitted the owners/developers/engineers to engage coupled with steadfast ADEQ refusal to address head-on the issue of “unique” water designation of Oak Creek and the effect that designation has on not permitting the introduction of A+ effluent into this water body is not only gutless but criminally irresponsible.

Moreover ADEQ action is CYA now that the implication of “unique” water designation and status of Oak Creek is leaked and being discussed by the public. Perhaps “reading-of-the-tea-leaves” has ADEQ as well as our Governor and Legislature more than a bit unnerved. Prior ADEQ approval of other projects, the result of then prevailing public indifference, in the general vicinity as Bella Terra whose effluent discharge is of lesser quality and which can also reach Oak Creek are topics which these parties very much want never to see the light of day.

The challenge at this public hearing on Wednesday is to make the point clearly, concisely and understandably in a respectfully tone which resonates with all in attendance that should ADEQ choose to grant approval to Bella Terra based on their current proposal those opposed are ready, willing and financially able to challenge the approval decision in whatever venue ADEQ chooses.