ONE ATTENDEES PERSPECTIVE

Dateline: 6 November 06


Location: Sedona, Arizona


One Attendees Perspective

The third public hearing on the controversial Bella Terra project located near the banks of the “unique” waters of Oak Creek on Red Rock Loop Road convened the evening of 1 Nov 06 at the Sedona Red Rock High School under the auspices of ADEQ. This meeting was another of those “for the record” events ADEQ is required by law to perform for projects such as Bella Terra, complete with court stenographers, tape recorders, by the book mandated announcements and video taping. Joan Card, Director of the Water Quality Division of ADEQ informed the audience ADEQ is required to respond to all the questions posed during the “on-the-record” portion of this hearing.

By luck of the draw or as an extension of courtesy the first half dozen or more of folks entitled to speak “on the record” were all proponents and advocates of the developer, Mr. Zito of Bella Terra. The first speaker identified himself as a strong proponent of environment planning and preservation noting his role in preserving the environment and his contribution to this project and lavish in his praise of Mr. Zito’s endeavors. The next three or more speakers which included the developer, Mr. Zito, went to great lengths to lay the foundation of how the actions taken thus for on Bella Terra were in full support of the environment.

When those holding a different perspective were granted the opportunity to “speak on the record” their questions, comments and concerns raised issue with the ADEQ choice to look upon their role as merely keepers of the “box.” Joan Card, Director of the Water Quality Division of ADEQ, repeatedly noted to individuals in the session prior to the “on-the-record” portion that ADEQ was obligated to only review those issues, topics and factors specifically noted in the ADEQ – APP application and that while topics “of concern” to others, outside the agency, topics like chemical and pharmaceutical degrading of Arizona’s water was not in their ability to regulate or address. Ms. Card’s statement was challenged by a respected geologist from Pennsylvania, who noted that when reviewing the powers granted to the Director of ADEQ, currently Mr. Steve Owens, the Director is granted appreciable discretionary authority and power and could with the stroke of a pen require Bella Terra or any applicant to address the topics of concern noted later by members of the audience.

Paul Trotta, PE, Ph.D. and Professor at NAU in Flagstaff gave a cogent presentation of 10 issues which he found of concern beginning with “disinformation” provided by ADEQ in their public fact sheet on Bella Terra. While to some, Dr. Trotta’s position this issue may in the moment appeared petty, he nonetheless underscored the inability of ADEQ to present this case in clear, concise and “consistently” understandable terms. Whether intentional or not the ADEQ mixing of terms in their public fact sheets can easily result in many folks drawing a grossly inappropriate and often improper conclusion. Dr. Trotta’s questioned the appropriateness of relying upon “perc” test results on ground which subsequently has been mass excavated thereby altering and for the most part destroying the soil horizons utilized in the location of the “perc” testing upon which this APP was formulated. The essence of Paul Trotta’s questions were designed to elicit from ADEQ why they had chosen to not look at issues which even their staff personnel found revealing.

Experts such as Paul Trotta as well as the next speaker a professor of geology at NAU asked why in view of the questions which these two individuals as well as others have asked of ADEQ in the previous two public hearings on Bella Terra there has been no reference or acknowledgment by ADEQ of these concerns nor answers provided.

The tone in the audience was rather subdued with comments coming from the heart, head and passion but lacking stinging emotionalism. Several speakers drew attention to the discrepancy in the Bella Terra choice to paint themselves as “green” and environmentally sensitive while undertaking the mass excavation on the former orchards and trees which once populated this site. One presenter drew the parallel between the choice of former EPA administrator Christie Whitman to resign rather than submit to the Bush administration choice to “gut” EPA activities, and the choice facing ADEQ to “do-the-right-thing” respecting Bella Terra and reject the application as currently proposed.

Generally the speakers asked the “why” questions of ADEQ.

Why did ADEQ choose not to consider the technical comments of its staff relevant and answer them and incorporate these answers into the APP..?
Why did ADEQ choose to allow this APP to go forward to this point when the mass excavation resulted in virtual complete removal of the soil horizons upon which the “perc” tests were predicated…?
Why did ADEQ choose to allow Bella Terra the option “may” utilize re-use and not demand a complete accounting of such a disposal method be incorporated in its APP…?
Why did ADEQ choose to allow the developer to indicate he may choose to use an undefined coagulant in his wastewater treatment process and not demand a complete accounting of how such coagulant will affect the process…?
Why did ADEQ choose to allow the developer to “self-regulate” even to the point of not required third party oversight on the testing of the sentinel monitoring well…?
Why did ADEQ choose to allow the developer to not test for trace amounts chemicals and pharmaceuticals in the effluent from their wwtp…?

Overall the audience had a sense ADEQ did not perform a thorough evaluation of the Bella Terra project in terms of exercising its primary responsibility to “protect the environment and public health.” For this one attendee, I had the feeling the “bar” was raised and a new standard set for ADEQ as Sedona residents revealed a fundamental abiding awareness of its “unique” environment.

The ball is now squarely in ADEQ’s court and we await to see what ADEQ decision will be respecting the Bella Terra APP application.