Saying they probably lacked legal standing, Marion City Council voted Monday evening to pull back on the idea of blocking Aqua Ohio’s plans to start using chloramine as a secondary disinfectant. While the water company and Council stated they will be working together on alternatives, Aqua said after the meeting that they will soon start using chloramines to ensure they meet EPA regulations.
After holding hours of discussions over the past month, Council members said it was time to move forward. While several members expressed lingering concerns over the use of chloramine, they stated they did not believe they had the legal standing to fight the change in court. Several members put the blame on the Ohio EPA and said if it wasn’t for constantly changing regulations, there never would have been a plan to use chloramine.
Councilman Ayers Ratliff said a proposed moratorium was a quick response to help Council buy time to discuss the issue. At this point, Ratliff said he was not sure what a moratorium will do for the City.
Councilman Ralph Cumston said that how water is treated is confusing at best. He said that, like chloramine, DDT was once thought to be safe, but then was banned and he strongly suggested the water company find another way. Cumston said he is concerned that he cannot easily remove the chloramine and explained that was his only objection.
“I think you are sincere too or you wouldn’t have spent this much time answering questions,” said Cumston, explaining that he feels Aqua Ohio has been open and honest during all the meetings that have been held.
Cumston said he would be willing to do whatever it took to ask the EPA for more time for Aqua Ohio to find an alternative, “if there is one,” to chloramine. Even so, Cumston stated, “I can’t tell you how to run your business.”
Ralph Hill, a Marion resident, disagreed with Cumston and said that if the water company really wanted to be a good citizen they would listen to the residents. Hill said the residents have said they don’t want chloramines and they are willing to pay more for their water.
Reports of Sick Dogs Around Marion
An area resident told Council that he had heard the reports of sick dogs around Marion County since the topic of chloramine surfaced. The resident said he didn’t think much of the reports before his own dog became sick. At that point, he tested his water with a pet store test kit and it showed high levels of ammonia. He then sent samples to a respected lab for testing and the results were similar.
Tom Schwing, Aqua Ohio’s Safety and Compliance Officer, said that he cannot speculate on the high level of ammonia. He said there is always a small amount of ammonia in the water supply, but that the levels can fluctuate for lots of reasons. He stated that, contrary to rumors, the company did not break their promise to Council and start up or test chloramine.
Ratliff backed up Schwing’s assertions, saying he toured the water treatment plant earlier Monday and it was clear that while the machinery was in place it was not hooked up and had never been operated.
Following the meeting, Schwing further explained that if ammonia was injected into the system to form chloramine, it would show up as chloramine and not as higher levels of ammonia.
Council Votes Down Moratorium, Introduces New Resolution
Councilman Dale Osborn said that he and other members have been inundated with information for over three weeks and they have learned what there is to learn. He then “called the question.” Council then voted 6-3 to end discussion and proceeded to vote down the resolution calling for the moratorium. At that point, they added a new resolution to the agenda.
Mark Russell, City Law Director, said the new resolution was the result of the realization that a moratorium would not be the best route for Council to pursue. He said the new resolution would be a way for Council to “walk with the water company to a resolution.”
Ratliff said that as a council member, consumer, and resident, he thinks they need to look at this situation differently.
“As a consumer, we don’t want to drink water we don’t trust. As a provider, they don’t want to provide water that we don’t trust,” explained Ratliff. He said that Aqua does not want to do something that could potentially harm residents, but said the issue of using chloramine is a result of the EPA being able to change the regulations on a whim whenever they want.
Councilman Mike Thomas said he agreed wholeheartedly with Ratliff. He said that while the EPA could, they have not yet fined anyone for being out of compliance. He said he believes there are options that can be explored between the City and Aqua Ohio moving forward.
Councilman Josh Daniels once again pushed back against assertions that chloramine is dangerous. He said that he has had discussion with experts that have no vested interest in the current issue in Marion and they have not expressed any health concerns regarding chloramine. He also said he doesn’t believe that the majority of Marion residents would be in favor of paying more, upwards of 25 percent more, to implement an alternative to chloramine.
“You have to make a decision based on science,” stated Daniels, who said the vast majority of information against chloramine is published by two groups that raise money by raising fears. He also pointed to Denver, saying they have been using chloramine for 90 years with no issues.
Cumston echoed Daniels thoughts on price, saying that while he has gotten a lot of calls concerned about chloramine, he has also received concerns over possible higher prices that would come with alternatives.
When asked if Aqua Ohio was in agreement with the resolution before Council, the company’s president, Ed Kolodziej said they are committed to working with the City to get an extension from the Ohio EPA and to look at alternatives. He said though that there is no way to know how the EPA would respond or how long it might take.
In the end, Council voted unanimously to approve the resolution which calls on the Ohio EPA to offer Aqua Ohio an extension or waiver to new regulations while the City works with them to identify and implement a possible alternative.
Aqua Ohio to Start Using Chloramine
The resolution approved by City Council includes the statement, “City requests Aqua make no change to the treatment process until receipt in writing of an OEPA determination as to the waiver/extension.”
Following the meeting, Aqua Ohio officials told reporters that while they understand and respect Council’s position, they plan to proceed with chloramines soon. Aqua Ohio said that the Ohio EPA has already told them by phone and in writing that they will not issue an extension and the company is concerned about not meeting the regulations during summer testing set to start in July. Officials said that the Ohio EPA may change their mind on the extension due to the approval of Marion City Council, but if not, Aqua Ohio could face stiff penalties.
While Aqua officials stated they were within their rights to start chloramination Monday night, they have chosen to wait a bit. Still, they said the process would proceed soon. Officials also stated that Council members were aware of that possibility when they approved the resolution.
Aqua Ohio said they would notify City Council members and local media outlets prior to starting chloramination.
You can read more details about chloramines and the meetings leading up to this point at the following links.
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