Cleveland, OH
Avon
By Rebecca Turman
When the city of Avon began construction in 2007 of the sanitary sewer on Jaycox Road, running from south of I-90 north to Avon Lake, the city of North Ridgeville had a problem with it.
The sewage flows north to the Avon Lake Wastewater Treatment Plant, but North Ridgeville officials say the flow should have been sent to the French Creek Wastewater Treatment Plant, owned by North Ridgeville, according to the Northeast Ohio 208 Water Quality Management Plan
The plan, established in 1979, created boundaries (Facility Planning Areas) dividing sewer service throughout Ohio. According to the Northeast Ohio Areawide Coordinating Agency (NOACA), NOACA is responsible for “evaluating consistency in respective areas.”
The French Creek Wastewater Treatment Plant services a large portion of Avon, but the Avon Lake Wastewater Treatment Plant services part of the city, north of Chester Road and east of SR 83.
To make matters more complicated, Avon received approval from the Ohio Environmental Protection Agency (EPA) to install the sewer, which flows to Avon Lake. The EPA is responsible for checking the Facility Planning Area boundaries when approving projects.
The Press last wrote about the dispute in January 2010. Since then, Avon, North Ridgeville and Avon Lake city officials have met to try to remedy the situation, but have come up with no compromise. The last time they met was May or June 2010, according to Avon Law Director John Gasior.
But that doesn’t mean the issue has been placed on the back burner.
‘A Clear violation’?
In a letter to James R. Gills, chair of the Environmental Advisory Committee (EAC) Water Quality Subcommittee of NOACA dated July 1, 2010, North Ridgeville Mayor Dave Gillock asked for the following to be placed on the subcommittee’s August 2010 agenda:
“Diversion of Sewer Flow from French Creek Wastewater Treatment Plant Facility Planning Area (FPA) by the City of Avon to Avon Lake Wastewater Treatment Plant Leading to Lost Revenue to Maintain French Creek Wastewater Treatment Plant and Higher Sewer Rates for the French Creek Wastewater Treatment Plant Facility Planning Area Customers.”
Gillock went on to write, “In 2007, the city of North Ridgeville discovered that the city of Avon was in the process of constructing a new sanitary sewer on Jaycox Road in the French Creek WWTP FPA, which would divert flows from French Creek WWTP to Avon Lake WWTP. Recently, the city of North Ridgeville contracted with CH2MHILL to do a study to determine what the projected loss in revenue for the operation of the French Creek WWTP would be. The projected total revenue loss from current and future connection charge revenue is $4,777,000. The loss to date is estimated to be $653,809. As a result of the study, CH2MHILL determined that the area diverted was larger than expected … The city of North Ridgeville believes this a clear violation of the 208 plan boundary area and is requesting a final determination of the same from NOACA. The city of North Ridgeville is also seeking a determination as to grounds for seeking relief from this violation.”
Gillock’s request was placed on the Water Quality Subcommittee agenda for the Aug. 18 meeting.
Inconsistencies
The city of Avon was unaware of Gillock’s request in July and was never notified by North Ridgeville or NOACA officials of the Aug. 18 meeting, according to Gasior.
As a result of the meeting, the subcommittee recommended Resolution No. 2010-035 for the NOACA Governing Board Members.
According to a Sept. 1 memorandum from Andy Vidra, senior environmental planner, and Mary Wells, environmental planner, to the NOACA Governing Board members, the resolution “makes a finding that the Avon PTI (Permit to Install) creates an inconsistency with Clean Water 2000 Plan (NOACA’s first comprehensive update to the Northeast Ohio 208 Water Quality Management Plan) by allowing sewer service within the French Creek FPA with sewage flows being transmitted to the Avon Lake FPA, where such flows are required, by the Plan, to be transmitted to the French Creek FPA.”
At a Sept. 10 meeting, the NOACA Governing Board approved the resolution, agreeing the sewage flow to Avon Lake is “inconsistent with Clean Water 2000, NOACA’s duly adopted Water Quality Management Plan, in that service and sewage flow for that area under Clean Water 2000 are part of the French Creek FPA.”
Boundary Change request
“We found out at the very end of August that the September vote (by the governing board) was going to happen,” Gasior said.
That’s because on Aug. 27, in the midst of North Ridgeville’s request, the cities of Avon and Avon Lake hand delivered a letter to NOACA Executive Director Howard R. Maier, petitioning NOACA to “amend the current Clean Water 2000 Plan by redrawing the current FPA boundary lines between French Creek WWTP and Avon Lake WWTP to promote more efficient and economic treatment of wastewater from a portion of the city of Avon.”
It was then that Vidra told city officials about North Ridgeville’s request, Gasior said.
The letter, signed by Avon Lake Municipal Utilities Chief Utilities Executive John Kniepper, Avon Mayor Jim Smith and Avon Engineer Rob Knopf, also states, “Avon has been promoting economic development in its northeast quadrant for many years … With the completion of this interchange (at I-90 and Nagel Road) will come economic development and the need for sanitary sewers. Avon is not aware of any plans underway by French Creek to facilitate the installation of the needed infrastructure to carry future sanitary flows to their treatment plant in Sheffield Village. Avon Lake on the other hand has expressed real interest in assisting Avon in solving this sewage issue.”
The letter notes the Ohio EPA signed off on the PTI for the sanitary sewer that flows to Avon Lake by gravity.
“This allowed Avon to abandon a costly pump station near Avenbury Lakes residential development and achieve future cost savings by eliminating the need to move sanitary flows uphill,” the letter states.
To conclude, the cities state in the letter, “the proposed boundary modification is overdue,” and they ask NOACA make a decision “that is in the best interest of the citizens in this affected area.”
Asked if Avon officials have heard back about the modification request, Gasior said, “They haven’t voted on it yet.”
Even with NOACA’s approval of the resolution saying Avon’s flow is “inconsistent,” and regardless if the group did approve of Avon and Avon Lake’s modification request, Gasior said, “They are not a deciding body. They are a recommending agency. (They) will have to make a recommendation to the Ohio EPA. The director of the EPA will make a decision whether the area should be modified.”
Gasior’s statement is backed up by one made by Maier at the Aug. 18 Water Quality Subcommittee meeting. According to minutes from the meeting, Maier stated, “NOACA could not issue rulings or orders, but it could not condone the violation.”
Depending on the EPA’s decision, Gasior said North Ridgeville or Avon/Avon Lake could appeal the decision.
“The fact that the Ohio EPA issued (the) PTI was a compelling reason,” Gasior said of a support for the modification request. “They must have seen we were going by gravity. The most cost-effective way to treat the sewage is to go to Avon Lake.”
Moving forward
At Avon City Council’s Tuesday regular meeting, members will vote to hire outside legal counsel – Calfee, Halter & Griswold LLP – to represent the city in the sanitary sewer dispute.
Gasior said Richard Goddard, who worked with Avon Lake on the LORCO dispute, would serve as the lead attorney, if council approves the ordinance.
Gillock could not be reached for comment.
Tags: Avon, North Ridgeville
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