CALL TO ORDER: 5:00 P.M.
ROLL CALL: City Commissioners present: Randy Gray, Bill Beecher, Sandy Hinz, Diane Jovick-Kuntz and John Rosenbaum. Also present were the City Manager, Assistant City Manager, City Attorney, Directors of Community Development, Planning, Public Works, Fiscal Services, Library, Police Chief, Fire Chief, Acting Director of Park and Recreation, and the City Clerk.
General Manager of Southern Montana Electric G&T (SME), Tim Gregori, stated that the purpose for this presentation was to share information regarding the "flag ship" permits which included the air quality permit and the Environmental Impact Statement (EIS). He explained that the draft air quality permit documentation was sent to the State of Montana last week and the final draft should be completed in October, 2005.
He introduced Ken Reich who is an attorney specializing in the EIS process and works for the Perkins, Smith and Cohen law firm in Boston, Massachusetts.
Mr. Reich stated that an EIS was required for this project because of the funding source; the project may have an environmental impact; and because major projects such as this require one. He explained that an EIS was not a permit, it was a process. The outcome of which was a map for the project. He added that the process forces federal and state agencies to look hard at each project and the outcome was a tool used regarding the project.
Mr. Reich explained that the EIS contains the purpose for the project; all possible impacts; and all alternatives to the action. He said that this was pulled into a document which was published, then offered to the public and other agencies for comment. Following the comment period, changes may be made to the document before it was put into final form. Mr. Reich added that his point was that there would be many opportunities for the public to have input on this project and its potential impacts.
Mr. Reich stated that at some point in time a decision would have to be made regarding the permits and the funding. He advised that a Record of Decision (ROD) would be issued by the funding source which in this case was the Rural Utilities Service (RUS) and other decisions would be issued by the State for the permits. The ROD may be jointly issued or may be issued separately. He added that the Environmental Protection Agency may comment on the final document but basically has a supervisory role in the process. SME cannot "turn dirt or plant iron" until the ROD was rendered.
Mr. Reich added that the public had an opportunity to appeal the EIS or the permits through the court system. Typically, courts look at the agency action and if the court believed that the agencies made a good faith effort in the EIS, then the court would find in favor of the outcome. Mr. Reich concluded that he hoped to have the ROD by October 2006.
Mr. Jeff Chaffee, Executive Vice-President of Bison Engineering, reported on the permit applications. He explained that his firm has been gathering data pertaining to biological resources, cultural and historical resources, water resources and noise. In addition to working on the permits and conducting the baseline studies, Bison Engineering has been working to complete the air quality monitoring and answering questions of the Montana Department of Environmental Quality (MDEQ) pertaining to the project. They have also been working to support the EIS on air quality issues.
Mr. Chaffee explained that they would be preparing the water quality discharge permit application and the water management plan. This may result in the preparation permit applications for stream bank permits from the Corps of Engineers and the Department of Natural Resources in order to pull water from the Missouri River.
Finally, Mr. Chaffee reported on the waste management element of the project. He explained that the proposal was to create a mono-fill (a landfill that only had one type of waste product in it). The ash that resulted from the generation process would be land filled in this mono-fill. He stated that SME voluntarily agreed to a solitary waste review by the MDEQ.
Mr. Ken Cavanaugh, Stanley Consultants, reported to the Commission on the technology for the project. He stated that the technology proposed would remove over 90 percent of the sulphur. He said that if the project proceeded on its present course, the construction could begin as early as January 2007 and be ready to produce power in December 2010.
Following a brief question and answer session from the Commission and audience members, Mayor Gray adjourned the regular work session of September 6, 2005, at 6:55 p.m.
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