Mediator to help in water dispute

Cincinnati objects to the location of a discharge point for Kentucky wastewater.

CINCINNATI (AP) — City officials have agreed to bring in a federal mediator to help settle a dispute over the way wastewater is discharged into a northern Kentucky tributary of the Ohio River, where Cincinnati gets its drinking water.

The Eastern Regional Treatment Plant in Campbell County, Ky., could treat as much as 4 million gallons of sewage a day as the population in the area grows, local officials say. They contend the plant complies with all federal regulations.

The two sides agreed to hire Jeffrey Edelstein, a Maine-based engineer who has served as a mediator for the U.S. Environmental Protection Agency in several similar cases.

“We are pleased that the recommended mediator is an independent expert with a scientific background who will be able to sort through the public health issues,” City Manager Milton Dohoney wrote in a memo to the city council.

“We are optimistic that this will result in an enforceable mediated agreement that will provide a long-term regional solution. We recognize that we may not get everything we want. However, we believe that this is a reasonable, sensible approach.”

Cincinnati and the Kentucky Sanitation District No. 1 have been fighting for more than five years over the location of the discharge point for a new $75 million treatment plant in Alexandria, Ky.

Cincinnati contends the location is dangerous because it discharges effluent 11 miles upstream from Cincinnati’s water intakes. The discharge point is along Brush Creek, a tributary of Twelve Mile Creek, about five miles upstream from where it empties into the Ohio River.

Cincinnati officials say the discharge subjects its water intake to dangerous bacteria and parasites. Sanitation district officials say the plant meets all federally mandated guidelines for clean water.

The Kentucky Environmental and Public Protection Cabinet is reviewing an appeal by Cincinnati that challenges the location of the discharge point. A hearing officer in Frankfort initially rejected Cincinnati’s claims.

Although the plant went on line in early October, Cincinnati officials tried to shut it down while it challenged approval of the discharge permit.

The U.S. EPA offered to cover up to $20,000 in expenses if the two sides agreed to bring in a mediator.

“This issue could cost our rate payers hundreds of thousands of dollars if we continue this battle in the courts,” said Jeff Eger, general manager for the sanitation district. “We are confident we have exceeded all regulatory requirements for the discharge permit, but we would like to avoid a lengthy court battle to show that.”