Commissioners not liable, signed deal says

The port authority seeks to buy land for the proposed coal-to-fuel plant.

By D.A. WILKINSON

VINDICATOR SALEM BUREAU

LISBON — The Columbiana County commissioners may not be liable in a $9.7 million court judgment over water distribution.

Commissioner Jim Hoppel on Tuesday released an agreement the commissioners had signed with the Buckeye Water District in January 2006.

East Liverpool had been supplying Ohio River water to Buckeye, which then resold it to areas in the southern portion of the county.

In 2003, Buckeye told East Liverpool that there were pollutants in the water. In 2005, Buckeye stopped buying water from the city, saying East Liverpool breached the agreement when the city’s water treatment process failed to remove the pollutants.

East Liverpool then sued Buckeye.

Judge C. Ashley Pike of common pleas court ruled in favor of the city last week and said the district and the county collectively owed the city $9.7 million.

The agreement between the district and the commissioners states that any settlement or resolution of a lawsuit shall not, “in any way impose any obligation, responsibility or liability, monetary or otherwise” on the commissioners.

The $9.7 million would be about half of the county’s annual appropriations.

Hoppel did not comment on the agreement.

Al DeAngelis, the director of Buckeye, has said the judge’s ruling likely will be appealed.

The U.S. Department of Agriculture has given Buckeye $24 million to create its new water plant. Part of that was an $8 million grant, and the rest will be repaid as a low-interest loan. The Ohio Environmental Protection Agency also provided $11 million for the plant.

DeAngelis has said that Buckeye would likely provide water to the proposed $5.5 billion Baard Energy plant near Wellsville. The plant would provide thousands of construction jobs alone. The Ohio Environmental Protection Agency is studying Baard’s proposed permit for the coal-to-fuel plant.

Tracy Drake, the chief executive officer for the county’s port authority, said the authority is seeking a $5 million state grant to help buy land at the proposed site.

The authority also may sell about $400 million in bonds for infrastructure improvements needed for it as well as possibly selling $350 million to $400 million in bonds to create an electrical power plant needed to run the Baard plant.

The Baard plant would use most of the electricity generated at the power plant, but the surplus could be sold, Drake added.

The power plant wouldn’t be needed until the Baard plant goes on line, which is tentatively scheduled for 2012.

wilkinson@vindy.com