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Commission will discuss EPA fine at Thursday work session

Discussion of a fine levied by the Environmental Protection Agency is on the agenda for Thursday’s Hays City Commission work session, scheduled for 6:30 p.m. at City Hall.

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According to a memo to commissioners from City Manager Toby Dougherty, the fine stems from a 2012 occurrence when the city’s wastewater treatment facility was out of compliance with its permit, issued by the Kansas Department of Health and Environment.

In 2013, the EPA proposed a fine of $29,000, a figure that was reduced to $18,000 after negotiations. City staff is recommending paying the fine rather than contesting it.

Increasingly restrictive standards on release of nitrates, ammonia and phosphates have made adhering to requirements “more and more difficult.”

Dougherty said the Hays facility is an older facility and many improvements have been made over the years to keep it functional and compliant. Construction of a replacement facility is estimated to cost $35 million.

Since 2009, the city has worked with KDHE to test new processes to keep older facilities up-and-running, a partnership that could end after the fine.

“Going forward, we will be much more cautious in how we work with KDHE to test new processes,” the memo stated. “In fact, we may stop altogether as we want to avoid another situation where a fine could result.

Other items on Thursday’s work session agenda include discussion of three vehicle abatements, consideration of changes to the city’s zoning regulations, and discussion of improvements to the terminal at Hays Regional Airport.

A complete agenda can be viewed HERE.

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