THE PEOPLE'S VOICE DEMANDS TO BE HEARD

“The People’s Voice Demands To Be Heard”

Loa-tzu wrote …“When the people of the world all know beauty as beauty, there will arise the recognition of ugliness. When they all know the good as good, there arises the recognition of evil.”

The ADEQ sponsored public hearing in Sedona on 30 Aug 06 on the pending APP permit application for the project known as - Bella Terra - was an awakening of long repressed recognition. The foundation for this recognition might be the awareness of formerly repressed passive attitudes on how we choose to treat the water upon which the survival of our species depends.

For the developers of Bella Terra the re-awakening of this recognition by activists in the Sedona area could not have come at a more inopportune time because they are embroiled in obtaining their vital APP from ADEQ enabling them to proceed forward with their project.

Discussion with folks in the audience leads me to conclude that the awakening of a “passion to challenge” grew out of the zoning process employed by Yavapai County igniting the passion “to save Oak Creek” which the greater portion of the audience at this public hearing seems to currently hold.

Joan Card, Director Water Quality Division/ADEQ lead presenter for the agency at this public hearing reiterated on several occasions any decision ADEQ makes on the Bella Terra APP application requires her agency to determine compliance with all applicable 208 planning guidelines, all surface water quality standards, all aquifer water quality standards, all aspects currently in the revised ADEQ Rule respecting the Bella Terra application are legitimately addressed and compliance achieved.

From emails I have received, I have been made aware that the developers of Bella Terra have been engaged with ADEQ in their APP process for over 18 months and they feel, with possible justification that ADEQ is in apparent violation of the licensing time frame provisions in their rule which govern the length of time any agency is permitted to hold and dwell on any application. If true, it would seem honorable and appropriate that the developers are entitled to demand that ADEQ comply with all of the aspects currently in Rule and law.

One facet of this public hearing which I found troublesome was the apparent reluctance or inability on the part of ADEQ as an agency (as well as their management personnel) to see beyond their narrow interpretation of how to effectively implement all the tenets of their Rules, Regulations and Laws. This sets up an atmosphere of conflict in public meetings because the general public attending does not understand either the rules or the interpretations. Conflict is further amplified by the fact that ADEQ seems to underestimate the amount of room needed for a public meeting on the subject. It is my understanding that the meeting regarding the Bella Terra project on 20 July, which I did not attend, was misinterpreted by ADEQ as to the expected audience size, as well as the possible tenor of the audience. As a result reports circulated after the meeting about name calling, finger pointing and personal attacks upon the developers in particular. If true, these reports point to inexcusable conduct and should be summarily rejected out of hand by all those in attendance.

What is perplexing is that rather than learning from that experience, ADEQ management initially scheduled the second public hearing to be held in the cafeteria at the Red Rock High School only, to change locations to the school’s auditorium at the last minute the apparent result of another under calculation of public interest in the matter.

Furthermore, ADEQ seems to hold to a practice of making it difficult for non-agency stakeholders to prepare for presentation of inquiry. For instance, Dr. Paul Trotta, PE and professor at NAU, reported at the public hearing on 30 Aug, that his request to physically see the entire ADEQ file at the NRO/ADEQ office in Flagstaff for this project resulted in a his being able to only view the file, minus certain intra-agency emails which are all part of public record law, on the Friday preceding Wednesday’s scheduled public hearing. Precious little time to review over 18 month’s worth of process between the developer and ADEQ.

Speaking of the ADEQ file, State Representative Tom Holloran in attendance at the public hearing supported ADEQ action limiting access to this file by keeping it located in Phoenix. I am quite sure this ADEQ action is within the law and rules, but given the degree of public outcry about the project in question, in a pro-active manner ADEQ could have ameliorated and diffused some of the Sedona anger, had it immediately transferred the TOTAL contents of the file (copies) to its NRO office in Flagstaff. Moreover Rep. Holloran chose to place Mr. Trotta in the spotlight by suggesting he could have seen the file in Phoenix. Does Rep Holloran think that folks have the time to make continuous trips to ADEQ in Phoenix solely to conform to agency practices regarding the viewing of such files..?

Additionally, Rep. Halloran noted that he did not want the Director of ADEQ to have to visit every site proposed for an APP. His comment was in partial response to statements made by a Hydrologist, who represented specific activists respecting the pending APP. There is merit to Rep. Holloran’s comment, though I might ask the esteem representative, if perhaps had the Director chosen to perform a “boots-on-the-ground” review of the Bella Terra APP application, if perhaps the fire-storm this application created might have been ameliorated. It is very possible that had upper level ADEQ management chosen a different approach there might not have been a need for two public hearings in Sedona. Given that these meetings required the attendance of management as well as support staff for the agency, elimination of one such meeting could have saved the taxpayers of Arizona since it is highly unlikely that folks representing the agency attended these meeting without compensation.

The Hydrologist (and I apologize as did not write down his name) spoke of his having witnessed on 30 Aug 06, what to him appeared to have been “red” soil material leaving the Bella Terra site, which exit the site and entering Oak Creek, the apparent result of the mass excavation permitted by Yavapai County on this site. If this report is true, it bespeaks of a specific violation of the surface water quality standards established by ADEQ in Rule. He also asked if any of the ADEQ management personnel attending and conducting this meeting had in fact seen or physically been on the Bella Terra site, which none, to my knowledge, chose to answer. This prompted the comment by Rep. Holloran.

From my perspective, the reporting Hydrologist brings to mind a phrase from The Pali Canon … “The wise and moral man, shines like a fire on a hilltop. Making money like the bee, who does not hurt the flower.” I am not suggesting the developers of Bella Terra should be labeled as anything other than individuals attempting to follow the rules of the game, build a project and move on. But their project has become an object lesson regarding the prevailing public policy that promotes unrestricted growth thorough our State. This policy is consistently advocated in deeds, if in not always in words, by our current Governor and State Legislature. That the Bella Terra has become the quintessential poster child around which environmental activists chose to rally is simply luck of the draw.

One bone of contention repeatedly raised by the developers, their engineers, and their supporters is the fact that existing residential on-site septic systems are not up to the standards that are being required of this developer. Whether the number of such systems is 26 or 260,000, raising their existence and condition in the discussion about Bella Terra is moot and nothing more than “smoke and mirrors” and an attempt to shift attention. Let’s face it ……. HOMEOWNERS …… are the sacred cow in our state and operate with virtual impunity. There is no one in our State beginning with our current Governor and spanning to your elected representatives who has the “balls” to hold any homeowner’s feet to the fire respecting the quality of effluent discharged from his system or to any long term O&M. The current revised (12 Nov 05) ADEQ rules, by choice and design, is exclusively the prevue of ADEQ. These rules leave this category of residential systems virtually without any enforcement or compliance, save that which the County under their delegation agreement with ADEQ can bring to bear pursuant to their Public Health standards and Rules. Continued reference to this topic is meaningless in the context of the debate about Bella Terra’s proposed project.

The question of “financial assurance” was a concern of many in attendance at the public hearing on 30 Aug, to which ADEQ acknowledged that a bond in the amount of $60,0000 (I believe that’s the amount noted) was filed for the Bella Terra project. This acknowledgment produced a degree of laughter from the audience. As I understand this financial assurance is to secure for the citizens of Arizona insurance that the developer has the immediate funds available to properly operate a plant producing A+ effluent as well as funds to close the plant. In light of the note by ADEQ that the firm this developer is utilizes PE and Grade 4 system operators the sum of $60,000 on the surface appears extremely minimal given the salary commanded by PE and Grade 4 operators, not to mention the additional operational costs such as electric power, or closure costs, etc.

Which brings me to the developer’s choice of vendor for the wastewater treatment plant (wwtp) – SANTEC. First, I must acknowledge I have not seen (nor as I understand it from the public hearing 30 Aug has anyone else including ADEQ) – a total engineered design from SANTEC - which conclusively demonstrates that their essentially extended aeration system which utilizes process not normally associated with commercial wwtp is capable of consistently producing A+ effluent. My personal experience with the manner in which SANTEC operate is they are inflexible and to have any chance to operate and produce the effluent quality specified for the Bella Terra require the flow rate into their plant as well as the strength of the sewage entering their plant be delivered at a consistent rate and within a narrow influent BOD strength. In the absence of any conclusive engineering and biological documentation I honestly question the ability of the SANTEC to consistently produce the A+ effluent currently stipulated for this project. Moreover in light of the extremely small influent flow rates and influent BOD strengths upon start up and initial development the inflexibility of SANTEC shows its fatal flaw. So I inquire what provisions has ADEQ written into the draft APP permit to address this very real contingency….? To me the choice of the developer for this brand appears to be driven to have an “out-of-sight-out-of-mind” wwtp, as the SANTEC product is a series of large fiberglass tanks placed in the ground (not visible to the naked eye) thereby reducing the cost for sight, noise and odor pollution control.

The developer is in my opinion correct when he states in an email … “To claim that by stopping Bella Terra they will be "making history", by saving the drinking water from here to Phoenix is hypocritical thinking. I have yet to see one neighbor voluntarily agree to change their septic system for a better system.” … I feel his frustration with the entire ADEQ approval process and I can only say … “welcome to the real world of ADEQ” ….

The developer in emails has raised the issue of other projects within the locale of Bella Terra having successfully passed the test and now operate with treatment facilities reputedly producing a lesser quality effluent and in as close proximity to Oak Creek as Bella Terra. My response to him must be that either he is in error or the applicable governmental agencies responsible to provide all the appropriate permits choose to look the other way and there was no substitutive public outcry. If true, and permits were granted to projects similar to Bella Terra and within the same reasonable locale, your government agencies and you failed and your environment suffered.

I also feel and have empathy for the financial hardship this convoluted and protracted ADEQ process has upon the developer. I have to a far lesser extent felt the same effects of the ADEQ approval process.

After this public hearing I had the opportunity to speak ever so briefly with Linda Taunt, the Deputy Director Water Quality Division/ADEQ, and I noted to her a feeling I got from the audience regarding the terminology utilized by ADEQ in its PowerPoint presentation outlining aspects which the agency is required to consider as it reviews this or any APP application. There is inherent danger when folks within one industry address a public audience as it is human nature to feel that everyone knows, understands all the nuances associated with the terminology used to describe their position. Words like “ambient water quality,” “surface water quality standards,” “aquifer water quality standards,” have for folks within ADEQ very specific definitions. For the average audience it is, I believe, human nature for the average citizen to essentially lump these terms into a generic category of – water. It is, I believe, incumbent upon government to make every reasonable effort to make sure they are being correctly heard to enable “the people” to make and form an informed decision and achieve legitimate conclusions. This responsibility, I feel, extends to the developers, their engineers, and anyone else in the process who has need to inform “the people” of action they are taking in pursuant to achieve a APP permit or other applicable governmental permits. To achieve the goal of keeping everyone informed in a meaningful manner is an awesome responsibility and not easily attained.

While I do not totally comprehend, Yavapai County and ADEQ actions regarding Bella Terra has awakened a “sleeping giant” stirring the inner heart of many activists who are taking this opportunity to have their voices heard by ADEQ and frankly I do not sense that ADEQ has a clue as to how to react.

It is easy to be a Monday-morning-quarterback and from afar sound lofty. That is not my intent. As I was leaving the public hearing on Wednesday, I mentioned to one of the ADEQ principal presenters, that I don’t envy the position or the decision the agency needs to make respecting this application. I was asked by this individual from ADEQ to please keep that in mind in my emails and “to be a little kinder.” I mentioned further, that I have never attempted to hide anything from the agency and that I would give the request consideration.

In driving back to Phoenix that night I did contemplate the request and was reminded of the words of Sophocles … “nobody likes the man who brings bad news.” While my perspective may for some appear unfair, it seems to me, that those choosing to be employed by the state agency that is solely responsible for the protection of our environment (which most assuredly includes water) must be held to a higher standard of accountability. I do not intend to be mean spirited I can only say to anyone choosing employment with ADEQ … “if you can’t stand the heat, then get out of the kitchen.”

For the record, I am not a professional engineer (PE) nor do I hold any high advanced degrees. What I know I have learned by living in Arizona since the early 1970’s and being actively involved within the Arizona Onsite Residential Industry. Like Dr. Trotta, I too have served on numerous state wide committees some actively supported by ADEQ and others the action of concerned citizens. I know and have worked with David Monihan, PE, from the time he was an ADEQ employee years ago to his current association with Art Beckwith, PE in Sedona. I have installed SANTEC systems, the brand proposed by Bella Terra, for their project. I am fully aware of Bella Terra’s site as my father owned property just to the West and on Oak Creek. And lastly, I am aware in some way that my early work activities likely contributed to the degradation of Arizona’s waters as I utilized SOP accepted by the regulators. I am not without my own faults and I have most likely made more than my fair share of mistakes over the years, but I am progressively more and more concerned at the rate at which unrestricted growth and development within our state is impacting our water.