Minutes of the Cuyahoga County Planning Commission/Solid Waste Policy Committee
September 8, 2004
ATTENDANCE
Attachment A lists the attendance at this meeting, at which the following matters were discussed.
Mayor Kenneth Patton started the meeting in place of Commissioner Jones, CPC Chair and Mayor Longo, Vice-Chair, who were both running late.
COMMUNITY AND REGIONAL ISSUES
Update on Wheaton Subdivision
Carol Thaler informed the CPC that the Olmsted Township rezoning of 20 acres on Sprague Road that the
CPC had previously recommended to disapprove had also been disapproved by the Olmsted Township Trustees
and that the developers have filed papers in court to have the decision reversed.
Great Lakes Basin Resources Compact
Paul Alsenas stated that Great Lakes Compact was a very important issue for Northeast Ohio and the
Great Lakes region.
Mr. Alsenas stated that there was a growing awareness around the country and the world to the sensitivity of natural systems and the multi-trillion investments they provide to the economy. He stated that the Great Lakes is a network of natural systems lakes, rivers, streams, wetlands, aquifers, land cover, wildlife and human activity.
Mr. Alsenas stated that since September 11th, the Central Intelligence Agency (CIA) has identified the competition for natural resources, especially water, as the greatest threat to global stability. Cuyahoga County sits on the shores of what is 20% of the world's fresh water. Lake Erie alone is the 13th largest freshwater source on earth. Mr. Alsenas stated that the country's priorities need to be adjusted because in the last 18 months the U.S. government has spent more than $200 million in the Middle East but the State of Ohio cannot get funding for the Great Lakes Protection Act, $6 billion program to address important issues surrounding the Great Lakes.
Mr. Alsenas stated that he hoped that today's discussion would be the start of long-term recognition of the Great Lakes and their importance to the economy of Northeast Ohio.
Mr. Alsenas reported that two weeks ago the Ohio Environmental Council and the National Wildlife Fund, convened a public meeting on the proposed Compact Annex 2004 which is out for public comment. The Compact deals with the essential question of how the eight Great Lakes states and the two Canadian provinces that surround the Great Lakes will deal with the issue of withdrawal and diversion of water from Great Lakes. Mr. Alsenas stated that public comments must be submitted by October 18, 2004.
Mr. Alsenas reported that the City of Akron and communities to the south are withdrawing water from the Cuyahoga River and that this affects the shipping channels which need a certain level of water to allow boats through. He stated that there are times during low flow conditions in August when more than half of the water in the Cuyahoga River is treated wastewater because the flows are so low.
Mr. Alsenas introduced Ms. Elaine Marsh, President of the Friends of the Crooked River, to brief the CPC on Annex 2004.
Ms. Marsh explained that existing law only addresses water quality not water quantity. Quantity, which is finite, all the water that ever was is on the planet now and all the water that ever will be on the planet is on the planet now. Future generations will have no more water to deal with than we do today. Only 1% of the water in the Great Lakes is renewable. This 1% flows through a natural drainage process which flows through the Great Lakes, down Niagra Falls to the St. Lawrence Seaway and into the Atlantic Ocean.
The Compact will regulate quantity from an environmentally protective standpoint. Studies have shown that decreased lake levels cause harm to the economy, ecology and to future water supply.
As to the Compact, Ms. Marsh stated that the Council of Great Lakes Governors developed the Compact, which has the following components:
- Great Lakes States and Canada will have a non-binding agreement on the use of the waters of the Great Lakes;
- The United States must develop legally binding interstate compacts;
- Development of decision-making standards and principles that:
- Prevent and minimize water loss from the Great Lakes Basin;
- Require return flow from large withdrawals and diversions;
- Require conservation methods; and
- Allow no adverse individual or cumulative impacts to the quantity or the quality of the water and water-dependent natural resources.
- Each diversion project must identify an improvement project which will improve the water or water-dependent natural resources of the basin.
- All diversions would have to comply with all state or provincial international laws and treaties.
Ms. Marsh explained that any diversions out of the watersheds of more than one million gallons per day (gpd) would require regional review by each Great Lake state and province, diversions of less than one million gpd would be under the individual jurisdiction of the state or province and diversions of less than three gpd would require the review of the project improvement project, but not the diversion, by the states and provinces.
Ms Marsh said that it was critical to understand that withdrawals are the taking of any water by surface or by groundwater or tributaries by any means that result in a loss to the Great Lakes Basin through either diversions (out of the watershed) or consumption (not a withdrawal but a portion of the withdrawal that does not get put back into). She stated that the largest consumptive use in the Great Lakes Basin is for agriculture.
Ms. Marsh stated that the Compact, once approved, would give the Great Lake states and provinces the authority to review any diversion request and approve or deny it. She stated that a request for an increased consumptive use of five mgd over a 120-day average would require the approval of the super majority of the Great Lakes states and provinces.
Mr. Licate asked what the private sector position is on putting limits on withdrawals? Water is critical to the paper, electricity, steel and agriculture industries and is critical for job promotion and job creation.
Ms. Marsh responded that the private sector was represented on the Advisory Council. She cautioned that the Compact is not a consensus document. Some areas of the agriculture industry and the Council of Great Lakes Industries are opposed to the Compact because it will increase their costs; however, they have not issued a statement on how those costs will increase.
Mr. Licate asked whether the compact will put the northern part of Ohio at a disadvantage to the southern part of the state along the Ohio River basin?
Ms. Marsh responded that in terms of overall costs she could not speak for industry but believes that water is cheaper here than it is in the southern part of the state but she knows that it is certainly cheaper here than in most places in the country. She stated that the permit process can be applied by the State to all or a portion of the state.
Mr. Licate stated that if the State were to do that in Cincinnati it would be put that City at an economic disadvantage to Indiana, Illinois and Kentucky.
Ms. Marsh explained that a good example is New York State which has a withdrawal permitting plan that requires conservation measures for any withdrawals and recently did a cost-benefit analysis that determined that limiting the amount of water that is withdrawn does not have any impact on business in New York.
Mayor Gorden asked whether the withdrawal permitting plan, once it is established, will be under the control of the council of governors or of each state?
Ms. Marsh responded that each state would set up their own rules. She explained that all of the states are required to register withdrawals (new or increased) above 100,000 gallons a day and the cumulative impacts of those withdrawals.
Mayor Longo stated that the Northeast Ohio region needs to protect its resources. He stated that other parts of the country have stolen our brain power, our tax money and to allow this great natural resource to be diverted to other areas of the region, state or country would be wrong. The State of Ohio should say there will be no diversions out of the lake for anyone but us and our development purposes. We have industry and agriculture that need it. Allowing other parts of the state to tap in just allows more growth and development to move away. The State has started a process to allow the legitimate taking of water from our committed advantage. Lake Erie is what makes our area unique- the waterways and greenways are the heart and soul of the Great Lakes basin. He asked what will happen in 10 years if these diversions are allowed to happen.
Commissioner Jones stated that Mayor Longo is making a valid point and that it doesn't make sense for the governors from the states and provinces that benefit economically and other ways from the lake to agree to any diversion that would not require that every drop would be returned to the basin. He stated that an old expression "we will sell them the hemp by which they will hang us" is similar to what the other regions will do to us economically if we allow them to take our water.
Mayor Longo stated that once one type of diversion is allowed, the door will be open and there will be a hundred different reasons made to start sticking the straws into the basin and start sipping away at it. He stated that Canada and Australia tightly control their natural resources and do not allow them to be misused, abused or sent overseas and that this is what this region should be doing. He asked how can we be talking about strengthening our economy when water is the key element to many of the industries here. I think we should oppose any diversions out of the Great Lakes.
Mayor Longo stated that Ohio ranks second, right behind Florida, in the United States in the number of registered pleasure boats which shows the importance of the Lake to our citizens asked why should we allow a process which would allow anyone to come in and take the water?
Ms. Aveni stated that there is concern is whether water law and international agreements are going to drive a process that we can't control. The question is whether we can design something tight enough because we know that they are going to come ask anyway and we will lose in a court case. Water quality and quantity are not separate issues, you get a few dry years or a drought and quantity and quality both suffer. The issue is how strongly can we control the removal of water before we end up in court.
Mr. Licate stated that a treaty is stronger than a compact so are we protected enough.
Commissioner Jones stated that it is clear that the Planning Commission do not want any diversions or withdrawals from the Basin and instructed the staff to develop a statement to submit as public comment.
Commissioner McCormack asked whether Sam Speck, the Director of the Ohio Department of Natural Resources (ODNR), had made any recommendation?
Ms. Marsh stated the State of Ohio had officially endorsed the Compact. She stated that she had met with Mr. Dick Bartz, Chief of the Water Division at ODNR and one of the primary architects of the Compact and it appears that the only thing that they strongly dislike is that the Compact allows for the same water to be returned. Mr. Bartz wanted more flexibility about near basin withdrawals, especially for the near basin diversions.
Commissioner Jones indicated that a quorum was present.
MINUTES
On a motion by Mayor Patton, seconded by Commissioner McCormack, the minutes of the July 14, 2004
meeting were unanimously approved.
RESOLUTIONS
Mayor Longo made a motion to approve Resolutions A through H, the motion was seconded by Mayor Gorden,
and unanimously approved.
In regards to Resolution 040908-A, adopting the Towpath Trail Memorandum of Understanding, Commissioner McCormack asked if all of the other signatories were on board?
Mr. Alsenas replied yes and that the Memorandum was very significant because it clarifies the roles that each of the agencies will do in designing, constructing and maintaining the Towpath Trail.
SOLID WASTE DISTRICT REPORT
Mr. Holland reported that the District computer round-up had collected 75 tons of computer equipment brought in by more than 535 vehicles.
Mr. Holland reported that Dianne Bickett, the District's Assistant Director and he had met that morning with representatives of the County Prosecutor's Office, the Bureau of Criminal Investigation, the OEPA's Enforcement Division and the Attorney General's office about tires and tire dumping. Mr. Holland stated that he had been trying to put this meeting together for more than a year doing video surveillance project of locations that the District knows are attractive illegal tire disposal locations.
NEW BUSINESS
Commissioner Jones asked if there would be any objection to the Planning Commission meetings to
begin at 2:00 p.m. instead of 1:30 p.m. No one objected.
COMMENTS FROM THE PUBLIC
Mr. Ed Hauser, a resident of Cleveland and Cuyahoga County for the past six years addressed the
Planning Commission about his concerns about the International Steel Group (ISG) demolition of
historical non-producing sites. He stated that the next structure to be demolished is the oldest
blast furnace. He stated that these facilities should be saved for the National Heritage corridor.
Mr. Hauser stated he had contacted city officials to stop the demolition and nominated this
structure to the city's Landmark Commission. Mr. Hauser stated that he was unhappy with the process
because they deferred nominations to a newly formed Steel Preservation Task Force. Mr. Hauser
stated that is was very important to preserve these structures because this is Cleveland's heritage.
Attachment A
Cuyahoga County Planning Commission/Solid Waste Policy Committee
SEPTEMBER 8, 2004 ATTENDANCE RECORD
| Member | Present |
|---|---|
| Ms. Virginia Aveni | Yes |
| Mayor Robert Blomquist | No |
| Commissioner Jimmy Dimora | Yes - represented by Mr. Pat Smock |
| Mayor Merle Gorden | Yes |
| Mayor Jerry Hruby | No |
| Commissioner Peter Jones | Yes |
| Mr. Jack Licate | Yes |
| Mayor Thomas Longo | Yes |
| Commissioner Tim McCormack | Yes |
| Mayor Eileen Patton | No |
| Mayor Kenneth Patton | Yes |
| Mayor Judith Rawson | No |
| Mr. Chris Ronayne for Mayor Campbell | No |
| Others: Paul Alsenas, Ed Hauser, Patrick Holland, Elaine Marsh, Carol Thaler | |
