There are solutions to this problem other than just saying, "No".
Unfortunately, this is the current practice in Dayton. Let’s start with an understanding that 150 million to 160 million pounds of TMDI (Total Maximum Daily Inventory) materials have existed above the aquifer for at least 25 years and have not destroyed the aquifer. Let’s add that the river is the single largest source of recharge for the aquifer and the contents of the river are a far more significant risk. With this in mind let's look at some possible solutions.
Three solutions that need to be considered:
A. Allow TMDI Growth:
This was the original intent of the ordinance. In the original ordinance there was not an approval of or an intent to set a cap on the TMDI of each property. So, if the amount of restricted material is allowed to go up to 165 million pounds to support job growth then that is a positive thing, right? There is no logical argument that 160 million pounds is an acceptable risk and 165 million pounds is not. Oh sure, 100 years ago people used to dump waste material on the ground, but that is a thing of the past. Environmental practices have evolved, it is time for the Dayton Well Field Ordinance to do the same!
It is a weak argument to advocate that any protection is provided by a time of travel line to a few hundred properties while a property just feet away has no limit and could have millions of pounds of TMDI. This aura of protection is yet another part of the ruse that surrounds this ordinance and how it’s administered.
B. Trade pounds
What if we do leave the cap at 160 million pounds and let the "available" (unused) pounds be traded among the Well Field property owners who need it. This could be administered by the Dayton Water Department as long as there is an independent board (like a Well Field Poundage Board) to oversee the distribution. In an effort to ensure the authenticity of the Board the make up could be as follows: (1) Water Dept. official, (1) Dayton – Montgomery County Health Dept. official and (7) people that own land in the Well Field.
C. Hazard sensors
How about this for a simple answer… get rid of all the gallons / poundage stipulations on the Well Field Protection Area and install a monitoring well for each property that has a TMDI in excess of some scientific established risk level, say 50,000 pounds for example. It would be immediately known that there is a risk (possibly much sooner than today) and appropriate actions can be taken to shift production wells utilization while the risk is present. This shifting in production was the logic given by the City of Dayton when State officials questioned the development of the Miami North Well Field due to the proximity to the North Incinerator land fill, which is unlined. There’s more than enough cash in the Well Field fund to cover the installation of monitoring wells.
Three other changes that need to be implemented:
1. Redefine the boundaries:
Independent studies show that what is the “official” one year time of travel boundary being used by the Dayton Water Dept. is not correct. New studies need to be done to show what the official area needs to be. Let’s give the Commissioners the facts to make decisions, not just a one sided argument based on what the Water Department wants.
2. Change the make up of the Well Field Fund Board and Environmental Advisory Board:
Currently both are composed of City of Dayton employees, representative from Dayton-Montgomery County Health Dept and other governmental agencies. There is virtually NO representation from the local business community; the people who have invested in the area based on broken promises. They have all the risk but yet no representation. There is very little objectivity or oversight with the current construct. In fact when the head of Economic Development attended a Well Field Fund Board meeting to voice concerns about the application of the ordinance and suggested changes that were pro-business, the minutes reveal that the then head of the Water Department decided not to invite her back because she did not support the party line. This is a clear cut case where the wolves are indeed guarding the hen house!
3. Put Zoning back in a Zoning Ordinance:
Prior to the inception of the Well Field Ordinance there was concern over who should have oversight for the ordinance; The Water Department wanted complete oversight. City Commissioners went on record stating they were concerned about giving them oversight for fear of overreaching and over regulating. As a result, the ordinance was drafted and implemented as a Zoning Ordinance to provide checks and balances and provide some level of protection to property owners.
Since the inception there have been several modifications to the ordinance and each modification has reduced the oversight of zoning. Today the ordinance is essentially a Water Department Ordinance but called a Zoning Ordinance. The changes that were made were based on modifications that were suggested and put forth as truth by the Water Department. Why the need for the changes? Minutes of meetings reveal that the Water Department was not comfortable with Zoning's ability to manage the oversight.
Apparently the Dayton Water Department trumps the City Commission.
Call to action:
Dayton City Manager Tim Riordan and Dayton City Commissioners, this problem is on your shoulders. Now is the time for you to do something about it! There are piles of evidence and mountains of paperwork that can prove beyond a shadow of a doubt that the truth is not and has not been told about the Well Field Protection Area for many years. On behalf of all of the nearly 600 property owners in this area we ask you to open up public hearings on this topic. I know of experts willing to testify about what has happened and support the above solutions.
Dayton City Commissioners, are you finally willing to hold these people accountable? The City of Dayton needs you now more than ever! IT IS TIME FOR YOU TO DO THE RIGHT THING!
Closing personal sentiment:
If you would like to discuss the Dayton Well Field or if you’re a property owner in the Well Field Protection Area please feel free to contact me at daytonwellfield@aol.com. I am also in the process of developing the website www.DaytonWellfield.com as a forum to help other property owners located within the Well Field Protection Area.
As a fifth generation Daytonian I am proud of Dayton’s past and deeply saddened by the decline of the city. However, after seeing the heroic actions of three suburbs surrounding Dayton I can certainly understand why the suburbs are growing while the city core is declining.
I believe that Dayton can recover, but it will take the firm commitment of its leaders to make the necessary changes to bring this about. And if they do, we may get to read a headline like this:
"City of Dayton Leaders Do the Right Thing, City Grows, Jobs Added, Economy Strong"
The choice is up to them.
Three other changes that need to be implemented:
1. Redefine the boundaries:
Independent studies show that what is the “official” one year time of travel boundary being used by the Dayton Water Dept. is not correct. New studies need to be done to show what the official area needs to be. Let’s give the Commissioners the facts to make decisions, not just a one sided argument based on what the Water Department wants.
2. Change the make up of the Well Field Fund Board and Environmental Advisory Board:
Currently both are composed of City of Dayton employees, representative from Dayton-Montgomery County Health Dept and other governmental agencies. There is virtually NO representation from the local business community; the people who have invested in the area based on broken promises. They have all the risk but yet no representation. There is very little objectivity or oversight with the current construct. In fact when the head of Economic Development attended a Well Field Fund Board meeting to voice concerns about the application of the ordinance and suggested changes that were pro-business, the minutes reveal that the then head of the Water Department decided not to invite her back because she did not support the party line. This is a clear cut case where the wolves are indeed guarding the hen house!
3. Put Zoning back in a Zoning Ordinance:
Prior to the inception of the Well Field Ordinance there was concern over who should have oversight for the ordinance; The Water Department wanted complete oversight. City Commissioners went on record stating they were concerned about giving them oversight for fear of overreaching and over regulating. As a result, the ordinance was drafted and implemented as a Zoning Ordinance to provide checks and balances and provide some level of protection to property owners.
Since the inception there have been several modifications to the ordinance and each modification has reduced the oversight of zoning. Today the ordinance is essentially a Water Department Ordinance but called a Zoning Ordinance. The changes that were made were based on modifications that were suggested and put forth as truth by the Water Department. Why the need for the changes? Minutes of meetings reveal that the Water Department was not comfortable with Zoning's ability to manage the oversight.
Apparently the Dayton Water Department trumps the City Commission.
Call to action:
Dayton City Manager Tim Riordan and Dayton City Commissioners, this problem is on your shoulders. Now is the time for you to do something about it! There are piles of evidence and mountains of paperwork that can prove beyond a shadow of a doubt that the truth is not and has not been told about the Well Field Protection Area for many years. On behalf of all of the nearly 600 property owners in this area we ask you to open up public hearings on this topic. I know of experts willing to testify about what has happened and support the above solutions.
Dayton City Commissioners, are you finally willing to hold these people accountable? The City of Dayton needs you now more than ever! IT IS TIME FOR YOU TO DO THE RIGHT THING!
Closing personal sentiment:
If you would like to discuss the Dayton Well Field or if you’re a property owner in the Well Field Protection Area please feel free to contact me at daytonwellfield@aol.com. I am also in the process of developing the website www.DaytonWellfield.com as a forum to help other property owners located within the Well Field Protection Area.
As a fifth generation Daytonian I am proud of Dayton’s past and deeply saddened by the decline of the city. However, after seeing the heroic actions of three suburbs surrounding Dayton I can certainly understand why the suburbs are growing while the city core is declining.
I believe that Dayton can recover, but it will take the firm commitment of its leaders to make the necessary changes to bring this about. And if they do, we may get to read a headline like this:
"City of Dayton Leaders Do the Right Thing, City Grows, Jobs Added, Economy Strong"
The choice is up to them.
This has been a great series of articles.
ReplyDeleteCity Commissioners it’s time for you to do something about this.
There are many issues that need to be addressed by the City Commissioners and the City Manager that could actually help the city grow. However, I can't think of a single one that would be easier to implement and produce more positive results than restructuring the Wellfield Protection Ordnance to make it more business friendly while maintaining the integrity of our aquifers. This should have been done years ago, but it is never to late to show leadership, courage and common sense. We should all support this effort, and we should support the government officials that choose to back it.
ReplyDeleteSteve, thanks for bringing this important economic development issue to light. As a local business and property owner, I understand how frustrating it can be when regulations don't make sense. I hope this leads to productive discussions, and the success that you and Dayton deserve.
ReplyDelete