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APPENDIX 3
RECIPIENTS OF FEDERAL PART OF SURVEY*
Advisory Council on Historic'Preservation
Department of Agriculture
Atomic Energy Commission; regulatory and nonregulatory
Department of the Army; Corps of Engineers
Department of Commerce
Department of Defense
Council on Environmental Quality (Chairman)
Environmental Protection Agency (11); regional offices
Federal Power Commission
General Services Administration
Department of Health, Education and Welfare
Department of Housing and Urban Development (11); regional offices
Department of Interior (13); bureaus
Tennessee Valley Authority
Department of Transportation
Department of Treasury
Total: J»9
^Questionnaires were mailed to federal agency offices for receiving
and coordinating comments upon environmental impact statements
except where noted.
217
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SECTION III
FIELD STUDIES IN LOCAL ENVIRONMENTAL MANAGEMENT
A. Field Studies in Local Environmental Management
Introduction
During the last few years, local governments on their own initiative,
in response to citizen pressure, or in keeping with state and federal
regulations have paid increasing attention to environmental problems.
The diversity of their response has resulted in a myriad of new legis-
lation, re-organization plans, and programs all aimed at better manage-
ment of the environment. This deluge of actions, lacking any systematic
evaluation, has left government officials uncertain regarding what
actions local governments have taken to manage the environment; what
organizational changes have been made; what programs have been adopted;
and how effective have they been. The survey on local environmental
management, as summarized in the preceding chapter, does provide a
national perspective through a statistical analysis of local governments
utilizing a particular organizational structure or environmental program.
However, since the number of local governments using any particular
innovation is quite low, generally around 20 percent, local government of-
ficials need more in-depth information on the various organizational
approaches and environmental programs presently being utilized.
This part focuses on two aspects of local environmental management:
organizational changes related to environmental problems and programmatic
actions aimed at improving environmental quality. The purposes here are:
—to identify innovations in local environmental management
--to describe and analyze the various organizational and pro-
grammatic actions taken by local governments for improving
environmental quality
—to develop some general guidelines for program development in
which potential problems and improvements are outlined
Before getting into this part, a word of caution is in order. Each
local government has its own unique set of environmental problems and
operating context. Therefore, an organizational and programmatic
action should not be adopted without consideration of the local environ-
mental problems and some modification for the local context. The
remainder of this chapter is divided into four parts: a discussion
of data collection methods, an analysis of organizational changes designed
to deal with environmental problems, an analysis of environmental
programs presently used by local governments, and a general conclusion.
218
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INVESTIGATIVE DESIGN
In areas such as environmental management, where there is limited
experience to guide the actions of others, researchers have found
intensive study of selected examples to be particularly useful for
stimulating new insights and for suggesting alternative courses of
action. A clear distinction needs to be made between what is labelled
the case study approach and the analysis of examples which was the
approach for the field studies. The heuristic quality of the latter
approach is stressed since the analysis is aimed at stimulating
insights. In addition, while the case study focuses on records of
a particular agency or organization, the analysis of examples deals with
an intense study of selected instances in which the phenomenon is
an interesting and innovative example. This method not only involves
the examination of records, but it also involves unstructured interviews
and observations. In this project, the examples analyzed are selected
local governments which have developed and are implementing innovative
organizational and programmatic actions for managing the environment.
The analysis of examples providesa more comprehensive and accurate
picture of environmental programs.
The primary source of data is four field studies conducted during the
spring, 1973- In selecting local governments with innovative environ-
mental management programs, the following criteria were utilized:
—more than one well developed environmental program (i.e.,
environmental quality standards, environmental impact assessment,
environmental planning, etc.)
—adopted organizational changes to deal with environmental
problems (i.e., citizen advisory boards, "mini" EPA, adminis-
trative committees, intergovernmental agreements, etc.)
--geographical representation with local governments from the
east, midwest, south and west
— representation of various sizes and types of local governments
--cooperative attitudes of local government officials
— representation of different types of environment problems (i.e.,
water, air, solid waste, wastewater, noise, etc.)
—one regional effort
--project budget limitations
After reviewing the environmental programs in numerous cities and after
consultation with their staffs, the following local governments were
visited by research teams:
—Dal las, Texas
--Inglewood, California
—Miamisburg, Ohio
--Piedmont Triad (Greensboro-Winston Salem area), North Carolina
219
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In order to aid the reader in understanding the research and to
provide overall focal points for the analysis of the four field studies,
a brief research design is presented. The analysis is on two levels:
(l) an overview of local programs for managing the environment, and
(2) an in-depth analysis of specific environmental management strategies.
The basic research questions are:
—What is considered in the term "environment"?
—What is environmental management?
--What environmental programs have been developed and implemented
by local governments?
—What stimulated the action by local government in the environ-
ment?
—How effective have the environmental programs been in improving
the quality of the environment?
—What problems have local governments had In their environmental
programs?
--What organization changes have taken place in local governments
as a result of environmental considerations?
—What suggestions can be made for future local environmental
management programs?
Although these questions provide a broad focus, the investigators need
a list of variables and related research questions on which they can
concentrate their attention (see Appendix D). Seven basic variables were
used: (1) the general condition of the environment (living and physical),
(2) the attitudes and opinions of the community toward the environment,
(3) the political and legal context of the local government, CO the
environmental policies, (5) the administrative organization for environ-
mental affairs, (6) strategies for environmental management, and (7)
the intergovernmental relations in environmental management. This
list is not designed to be totally comprehensive since there were unique
features for each field study. However, each investigative team included
all variables in their investigation. When the research teams were
pressed for time, the emphasis was placed on the analysis of the
environmental management strategy and its viability.
The field studies were conducted by research teams. Each team was
composed of one project staff person, who served as head of the research
team; a member of the Environmental Management Advisory Board*: and
a member of the ICMA staff. The project staff person had the responsibility
of collecting all material and writing up the results.
*Environmental Management Advisory Board consists of Douglas Ayres,
City Manager, Inglewood, California; Richard Gray, City Manager,
Norman, Oklahoma; Bert Johnson, County Manager, Arlington, Virginia;
and John Laney, City Manager, Miamisburg, Ohio.
220
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FIELD STUDY CONDUCT
Each of the research teams followed the same procedures in conducting
its investigation. First, in order to have a successful field study,
the research team members prepared themselves by becoming familiar with
information about the local government and its environmental programs.
The groundwork helped in establishing friendly relationships with the
local government officials which facilitated the free flow of information.
The relationship was established as far ahead as possible, at least
one month ahead of the visit. This entailed the project staff inter-
viewing by phone the chief administrator in order that problems could
be worked out ahead of time, interview schedules established, and
information gathered. Each team member had the responsibility for
familiarizing himself/herself with the organization and documents
forwarded to him, particularly administrative reports, legislation,
newspaper articles and budgets. In addition, a tentative interview
schedule was prepared by the project staff and distributed ahead of time.
Second, a meeting of the research team was held the evening before the
field study was to commence. In some cases, it was advantageous to
invite the local administrator or his representative to part of the
meeting so any preliminary questions could be resolved early. At that
time the team would follow this prescribed agenda:
—get acquainted
— identification of tasks
—distribution of tasks
--review of background material with a brief session by project
staff
--identification of critical variables
—finalization of interview schedule
--clarification of field study goals
--development of questions for interviews
This meeting was critical to the success of the project. The investi-
gative plan developed at this meeting was continually re-evaluated and
revised as the field study progressed.
Third, the next two days were used for conducting the field study. The
data for the field study were collected primarily through interviews,
although members of the research teams did attend some meetings as
observers. However, the procedures varied in each field study from
informal interviews to a formal presentation by the local chief
executive and his staff; one meeting included a tour of a local waste-
water treatment plant. Since not every official within the community
could be interviewed, the research teams did attempt to interview an
individual from each of the following categories:
--local politician,either mayor or city councilman
--chief administrator and his staff
221
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—members of citizens' advisory board
—newsman from the local paper
—planning department
—environmental staff
—public works department
— representatives from the business community (Chamber of Commerce)
—county and regional governmental officials
After the field study was completed, the research team would meet
briefly to review their work. At this time, materials would be collated
and the write-up discussed. Each team member prepared a summary of his/her
views and ideas generated from the field visit.
Fourth, after collecting the material from the research team, the project
staff member was responsible for writing up the case study. Emphasis
was placed on identifying unique programs and evaluating their effective-
ness in promoting environmental quality. In addition, problems were
identified and possible solutions suggested. A draft study was written
and sent to research team members and local government officials
involved in the field visit for review and comment. When the comments
were received, a final field study report was prepared. The final reports
for Dallas, Inglewood, Miamisburg and Piedmont Triad can be found in the
following sections.
Since some organizational changes and environmental programs were not
covered during the four field studies, additional data was used later
to fill in the knowledge gaps. The primary source of this supplemental
information was the materials returned with the survey questionnaire.
A second source was materials collected in conjunction with the National
Conference for Managing the Environment. Many local officials who
participated provided meaningful examples of innovations in local
environmental management. Finally, the International City Management
Association has compiled an extensive file on local government programs
based on materials sent to the Association by its members.
Like any other research strategy, not all social researchers agree with
the use of examples. The fact that these investigations are taking
place after many events have occurred upsets "purists" in social
research. They claim that the investigations lack scientific credibility
since there is no manipulation of variables. Because of the possibility
of criticism, research teams kept in mind the following potential
weaknesses in order to minimize them:
—The investigators had to avoid wandering into other interesting
features which were totally irrelevant to the example being
analyzed. The focus on local environmental management was
emphasized even though the local government had undertaken other
interesting programs.
--There was a general lack of precision with which the situation
was being viewed. The investigator had to avoid letting his
own prejudices and values bias his observations.
222
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--Casual relations and inferences were avoided. The investigators
tried to avoid drawing the conclusion that because certain
events preceded governmental action that these events caused govern-
mental action. For example, occurrence of an environmental crisis
may or may not have caused the development of environmental
programs. These programs may have been considered and action
taken before the crisis.
It should be stressed again that the analysis of examples leads to
insights and suggestions for future actions and should not be construed
as a test or generalization of effectiveness. Each case has its own
unique features and special characteristics which make it atypical.
Although these cases have yielded much fruitful information, there are
risks in making any generalizations based entirely on the analysis of
four examples. The remainder of this chapter integrates and analyzes
the findings of these four field studies.
223
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B. Local Organization for Environmental Management
There are three aspects of organizing for environmental management:
(1) local internal organizational structure; (2) structure for citizen
participation; and (3) intergovernmental structures and arrangements.
With the rapid expansion of environmental concern and activity at the
local government level, traditional organizational arrangements may not
prove to be adequate. A traditional internal organization for dealing
with environmental concerns would include several distinct departments
and divisions based on function, such as refuse, water, sewage treat-
ment, and land use planning, with no one place where all environmentally
relevant functions are brought together for coordination or integration.
The local organization pattern for citizen participation is similarly
diffuse, in that opportunities for continuing involvement traditionally
have been in the form of board and commission activity. Environ-
mental concerns may be fragmented between several citizen boards,
e.g., planning commission, beautification committee, parks and
recreation board, and therefore no focus exists for citizen concern
about the environment.
Because of the regional nature of many environmental problems, area-
wide solutions or efforts are often needed. Unfortunately, in most
areas there is no accepted regional organizational structure within
which to address these problems. Local governments are increasingly
forced to seek solutions through regional systems, although many of
the existing regional systems are not well developed.
As a result of perceived inadequacies in the three areas, some local
administrators have taken steps to organize themselves more effectively
to implement environmental programs. In responding to the organization-
al dilemma, local managers consider the following factors: (l)
political pressures from environmental groups, business interests,
civic groups, and other interested citizens; (2) legal requirements,
particularly state laws governing the actions of local governments,
(3) personalities in the organization; (4) financial abilities of
the local government, including tax limitations, and, (5) staff
capabilities, particularly their skills in environmental management.
To illustrate the organizational approaches utilized by local govern-
ments, examples are drawn from the four case studies relating to
internal organization, citizen boards and commissions, and intergovern-
mental relations. Other examples are used where appropriate.
INTERNAL ORGANIZATIONAL STRUCTURE
As mentioned above, under the traditional structure of local governments,
environmental functions usually are dispersed through several
departments and agencies (see Figure 1). Such traditional structures
224
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have led to problems of coordination between departments in several
other areas in addition to the environment. However, the environmental
area is perhaps more sensitive to this problem because of its interrelated
nature. For example, the disposal of solid waste through incineration
may in turn cause an air pollution problem. There is a need, therefore,
to achieve collaboration between people engaged in environmental activities
throughout all departments and levels. Generally, this means the
development of specialized staff. Depending upon the needs of the local
government, and the role created for the staff, the responses may range
from a single individual assigned environmental duties on a part or
full time basis to a department with 21,000 employees as in New York City's
Environmental Protection Agency.
There are two primary questions for organizing environmental manage-
ment :
1. Which program areas are to be coordinated, e.g., air pollution
control, water supply, sewage treatment, solid waste collection
and disposal, parks and recreation, flood control, noise control?
2. Which functions are to be coordinated, e.g., data collection
and analysis, program development, planning, operation, contact
with other governmental units, response to citizens inquiries?
In the following sections of this chapter, three approaches to providing
specialized staff are examined: (1) expansion of the functions of an
existing agency; (2) creation of a new agency solely with environmental
functions; or (3) formation of a staff committee or task force.
Expansion of an Existing Agency to Include Environmental Functions
Instead of creating a totally new environmental agency, a number of
municipalities have expanded the responsibilities of existing depart-
ments. In 1970, Inglewood, California established an Environmental
Standards Division (ESD) which was originally placed in the Building
Department, although reporting directly to the City Manager. Subsequently,
a second reorganization placed the Environmental Standards Division in
the Planning and Development Department. The rationale behind its
creation was:
--the manager wanted environmental considerations to become institu-
tionalized in departmental decision making, as opposed to having
responsibility for the environmental considerations reside in
a single department
--because of the diffused environmental concern, cooperative instead
of adversary relationships could more easily be created between
departments
--the placement of ESD in the Planning and Development Department
should assure the environment being considered early in decision
making processes
226
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--the Planning and Development Department had many skills needed
in environmental protection, and the creation of a separate
department would result in considerable overlapping of
funct ions and ski 1 Is
--a new environmental department would face the problems of any
new department particularly in establishing relations with
other departments
--the manager's approach for acquiring environmental expertise was to
train existing staff with current staff in the Planning and
Development Department having the proper mixture of economic
realities and environmental necessities
--the City of Inglewood is small enough for the environmental
function not to overwhelm the Planning and Development Department
Today, the Environmental Standard Division has the primary responsibili-
ties for the environmental assessment process as well as monitoring and
enforcing noise level standards. Other environmental programs, notably
solid waste collection and water and sewer, remain in the traditional
departments.
A similar situation exists in Dallas, Texas where the coordination
function resides principally in the city manager's office, although an
environmental planning section in the Urban Design Division provides
staff assistance. Other responsibilities for environmental management
are spread through several other departments, including:
. The Public Works Department, containing programs for solid
waste collection and disposal and recycling
. Air Pollution Control Section of the Health Department with the
responsibility for enforcing air quality regulations
. Water Quality Section of the Health Department, with responsibility
for enforcing water quality standards
. Environmental Conservation Administration of the Health Depart-
ment
. Water Utilities Department, which operates a demonstration
treatment plant aimed at water reclamation, and conducts
research in cooperation with Texas A and M University on waste
water treatment
Attempts to accomplish a more comprehensive reorganization have been
hampered by state laws which require air and water pollution control
functions to be placed in the Health Department under the direction
of a physician.
Creation of Local Environmental Agency
Other municipalities have created separate organizational entities for
environmental management. These may take the form of either staff or
line agencies. Although none of the field study cities had created a
separate agency, some brief examples are given.
227
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In 1968, New York City created a separate line agency containing bureaus
for air, water and sanitation. This agency has a staff of over 21,000
employees and a current operating budget of $500 million. The New York
City EPA has equal status with other municipal departments with its
primary role being that of an environmental advocate. Paul Zimmerman,
First Deputy Administrator has pointed to two strengths for creation of
a separate agency: (1) development of staff expertise; and (2) long
range view of environmental problems and matters of ecological per-
spective.* Other advantages of this approach include: (l) consolidation
of fragmented activities; (2) reduction of proliferation of boards and
commissions; (3) increased public visibility of a new department; (4)
increased accountability on environmental matters; and (5) facilitation
of administrative efficiencies.
As an alternative to the newly created line environmental department,
many municipalities have established a separate staff agency. Although
the size and placement within the organization may vary, this staff
agency generally has the responsibilities of research, program planning
and development, program coordination, advise on environmentally related
matters, and liaison with other governmental bodies and community groups.
An example of this approach can be found in Fairfax County, Virginia.
In a report to the Fairfax County executive, the line approach was rejected
because "concern with environmental quality is not a function or activity,
but a dimension or aspect of many activities."* A projection of the
content of a line environmental department in Fairfax County can be
seen in Figure 2. Reasons for not creating this department included:
(l) the department would be so large and contain sufficiently diverse
elements as to be unmanageable; (2) personnel with environmental duties
also have non-environmental responsibilities. Rather, a staff agency was
recommended in order to: (1) provide an agency concerned with the overall
environment; (2) serve as a focal point for citizens; (3) coordinate
environmental programs, (4) maintain familiarity with environmental
information; and, (5) provide a general, continuing review and evaluation
of county policies, programs and operations as they relate to the physical
envi ronment.
*Speech by Paul Zimmerman at the National Conference on Managing the
Environment, May U, 1973-
+Report on the need in the Fairfax County government for a governmental
function charged with responsibility for those physical environmental
affairs...July, 1972.
228
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EXHIBIT I.
HYPOTHETICAL ORGANIZATION CHART
DEPARTMENT OF
PHYSICAL ENVIRONMENTAL
AFFAIRS
DIRECTOR,
POLLUTION CONTROL
PLAN'S AND PROGRAMS
COUNTY
SEWER SYSTEM
(All Farts)
Preparation of plans and
programs; provision of
guidance; and coordination
of County agencies con-
cerned with pollution con-
trol. Provision of staff
support to the Environ-
mental Quality Advisory
Council
2 personnel
$36,000
Collection and treatment
of sanitary sewage in
Fairfax County, except
that associated with septic
systems
322 personnel
$6,680,020
SOLID WASTE
DIVISION
AIR POLLUTION
CONTROL DIVISION
Collection of solid waste
in designated areas;
operation of Fairfax
County landfills.
135 personnel
$2,678,236
Preserve and improve
the air resources of
Fairfax County
8 personnel
$105,477
1 —
1
1
1
1
Siltation
and Erosion
Control
educe or elim-
amagliig effects
f soil erosion
_ yart ot jftyei
i
cy__
DfcV.iKrMJl.i: Of COUNTY «2V
/
Public Law
566 Program
Reduce or elim-
erosion, and '
siltation prob-
tnd the resulting lems through land
iltation of
ounty streams
trcatmcnt programs
of impoundment
structures
EL«»H£IT
j
Flood
Main
Management
^ _ p
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j
Noise and
Dust Ordi-
nance En-
Reduce flooding Reduce threats
damage through
regulation
of land use
in flood plain
health and
• welfare by
controlling
noise and dust
-_ _ . — E«t-Si Ag£B£V
1 1 • !
i i i
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Cooptnciw
Extension
DfClce
Health Pept. Fire and
Knvironrcnlal Rescue
Sanitation Services
1
1
fait fax
County Park
Authority 1
1 II-
Environmental
Improvement
Activities
Stream Control of
Sampling Hazardous
Program Substances
Conservation
Program
Assistance to Monitor quality Regulate the Monitor siltatj
regarding soil, streams and transpor- related probls'i
insecticides, tation of high- in parklands ai
pesticides, et ly flammable or adjacent areas
cetera otherwise
dangerous
substances
CONTRIBUTIONS ONLY
1
UPPER OCCOQUAN
SEWER AUTHORITY
I
NORTHERN VIRGINIA
REGIONAL
PARK AUTHORITY
1 1
Collection, disposal Open space management
and treatment of sewage
in regional parks
NORTHERN VIRGINIA
SOIL AND WATER
:ONSERVATI01» IISTSIC
FAIRFAX COUNTY
ENVIRONMENTAL QUALIT
I ADVISORY COUNCIL
t
Support soil conserve- Concern with all physical
tion practices environmental affairs
in the Occoquan
watershed
$ (included in amount
shown for County
sewer system)
$26,438
in Fairfax County
$ (included in that
shown for Director,
Pollution Control Plans
and Programs)
"Note:
No data is presented regarding the staffing and coat of these progra
because in each case the personnel involved have other duties and
responsibilities as well.
b
Totals do not include staffing or costs for programs indicated by "a".
It should be understood, however, that these programs would require
significant amounts of resources, were they assigned to the hypothetical
department.
TOTAL AMOUNTS: 467 personnel6
$ 9,526,173b
229
-------
Administrative Committee
A third approach for achieving a more effective organization for
environmental affairs is the creation of an administrative committee,
task force, or administrative council. The City of Ann Arbor, Michigan
created an Administrative Environmental Committee for the purposes of
(1) overseeing environmental programs and other city operations
which might have an effect on the environment, (2) setting standards
for environmental control, and (3) investigating and reporting at the
request of Council or Administrator on environmental issues related to
city services. The committee, which is chaired by the Assistant City
Administrator for Environmental Engineering, is composed of the heads of
operating departments.
Another variation to the administrative committee has been the team
management approach of Metropolitan Government of Nashville/Davidson
County. With the aid of a Ford Foundation grant, the Environmental
Planning and Management Project started in July, 1972, with the purpose
of experimenting with the use of management teams for better environmental
management. The management team consists of five individuals represent-
ing the major environmental agencies of the Metro Government, the
executive director of the Metro Planning Commission, the planning
director of Metro Planning, the director of the Department of Health,
director of Public Works, and the director of the Department of Law.
In addition, a three member top management team for the project was
created with a representative of local government (an assistant to the mayor),
chairman of the Nashville Area Chamber of Commerce, and professor for
the Graduate School of Management, Vanderbilt University. These two
groups coordinate the concerns, the ideas, and capabilities of local
government, business, industry, and citizens. The teams have focused
on such issues as the meat packing plants and their violation of the
Waste Water Ordinance and completion of a hydrogeology and water quality
analysis of a landfill.
Although there seems to be some consensus on the need to establish some
environmental unit to serve a coordinating or integrating function,
the specific form adopted depends upon the unique needs of each local
government. In small cities it may be possible for the chief executive
to fulfill this need. Examples of other local governments' organization
for environmental management can be seen in Figure 2.
BOUNDARY SPANNING PROCESSES FOR CITIZEN PARTICIPATION
Boundary spanning processes encompass those activities and structures
used by organizations to achieve direct contact between governmental
officials and clientele groups and individuals. In the past, local
governments have relied on voting in elections, public hearings, and open public
meetings and citizen commissions. However, recent environmental legislation at the
federal level has stressed the development of new mechanisms for securing
citizen input. Two prominent examples of increased public participation
230
-------
result from the environmental impact statement process set forth in
the National Environmental Policy Act of 1969, and from the 1972
amendments to the Federal Water Pollution Control Act.
Some local governments have been reluctant to develop means for
citizen input on environmental matters, claiming that:
a. citizens lack the technical expertise and knowledge to deal
with complex environmental problems;
b. citizens' past experiences with boards and commissions have not
proven to be very effective means for securing a broad sense
of the community's position on issues; and
c. significant citizen input may increase uncertainty within the
organization which may result in a decrease in organizational
effectiveness.
In addition, where mechanisms for citizen input have been developed,
many local governments have given them minimal power and authority and
inadequate staff support.
Yet, most municipalities have met with greater success and tangible
benefits from public participation. This section analyzes some of the
popular mechanisms for citizen participation in environmental matters,
notably citizen boards and commissions. In the past local boards concerned
with environmental matters were quasi-judicial boards involved in air
or water pollution control. Recently boards have broadened their per-
spective of the environment. Examples follow of how these boards are
organized, including expansion of existing boards, creation of new
boards, and use of conservation commissions.
Expansion of Existing Board
Instead of creating a new environmental board or commission, existing
boards and commissions in many cities have been modified to more
effectively deal with environmental issues. The rationale behind the
restructuring is as follows:
1. to avoid further proliferation of citizen boards in the local
government.
2. to reduce the number of citizens' boards
3. to avoid possible overlapping of environmental related functions
k. to integrate environmental concerns with other functions of
local governments.
231
-------
FIGURE 2. EXAMPLES OF LOCAL GOVERNMENTS ORGANIZATION FOR ENVIRONMENTAL
MANAGEMENT
Environmental Coordinator
Add ison , 111i no is
University City, Missouri
Manhattan Beach, California
San Jose, California
Environmental Planner
Phoenix, Arizona
Lakeland, Colorado
Norman, Oklahoma
Waco, Texas
Environmental Section
Austin, Texas Office of Environmental Resource Management
Inglewood, California Environmental Standards Division
Palo Alto, California Environmental Planning Office
Montgomery County, Md. Environmental Planning Office
Fairfax County, Virginia Office of Environmental Affairs
Environmental Department
New York City, N. Y. Environmental Protection Agency
Huntington, N. Y. Environmental Protection Agency
Simi Valley, California Environmental Services Department
Chicago, Illinois Department of Environmental Control
Washington, D. C. Department of Environmental Services
San Diego County, Ca. Environmental Development Agency
Los Angeles, California Environmental Quality
Environmental Task Force or Committee
Ann Arbor, Michigan
Nashville/Davidson County, Tennessee
Volusia County, Florida
232
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In Guilford County, North Carolina, board members were appointed based on
their expertise. In March, 1973, the County Commissioners created the
Guilford County Advisory Board for Environmental Quality (GCABEQ) as a
permanent board. Its purposes were:
1. to provide technical information and supplemental advice to
Guilford County Board
2. to aid governmental units to maintain and/or improve environ-
mental conditions, and
3- to assure safe, healthful, and aesthetically pleasing
surroundings for all inhabitants, present and future.
County board members felt the county lacked the internal expertise to
handle many environmental problems, and therefore turned to the
resources and expertise in the community. Fortunately, within the
County are two colleges where some of the expertise could be found --
North Carolina A £ T and the University of North Carolina, Greensboro.
The members of the BEQ are appointed by the County Board of Commissioners
for initial terms of 1, 2, or 3 years with succeeding appointments for
3 years. The BEQ is composed of one each of the following specialists:
— air resources, water resources, land resources, vascular plants,
societal affairs, aesthetic concerns, urban technology or public health,
legal affairs or economics, and public communications or education.
In addition to the ten members, a Community Liaison was appointed for
a one year term by the County Commission to act as a go-between with
the BEQ. and other community groups, particularly ones interested in
environmental affairs. This person disseminates information, encourages
citizen groups to recognize and use BEQ, and channels information
from citizen groups to BEQ. The BEQ is supported by one staff member of
the Planning Department.
Rather than creating a permanent board or commission, many local govern-
ments have established environmental advisory committees for a specified
length of time and a definite objective. Such advisory committees
usually are charged to study environmental problems and make recommen-
dations to the legislative body.
The City of Dallas was the only community in the field studies which
utilized a temporary advisory committee. The newly elected Dallas
Mayor, having based his campaign on law and order and the environ-
ment, appointed a 3~man Council committee in July, 1971, to study
the feasibility of creating a City Environmental Quality Board.
He further suggested that it have approximately 8 members, including 1 high
school and 1 college student, at least 2 from industry, and the remainder
from the general public. On September, 1971, this committee reported
its recommendations, in which it supported establishment of a 15~member
committee whose membership would be drawn from those in the city with
233
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useful knowledge and expertise, e.g., Architects, Planners, Landscape
Architects, Engineers, Medical Societies, Home Builders, Real Estate,
Professionals, Industry, Environmental Organizations, League of Women
Voters, A.A.U.W., High School Students, College Students. Their term
of office was to cease on June 1, 1972 upon completion of their report.
Their general objective was to develop a city-wide environmental policy
considering water quality, air quality, noise pollution, visual pollution,
open space, land use, population, and solid waste. In addition, the
report identified the following tasks:
1. Assessment of environmental preservation action and improve-
ments accomplished or in progress.
2. Identification of instances where environmental improvements can
be made.
3. Inventory and documentation of community environmental
problems, ranking them in order of severity of effects on
residents.
k. Identification of needs for:
a) research, experimentation and expanded special
environmental projects;
b) planning strategies;
c) programs for public information
5. Definition of an appropriate city role in the solution of
environmental problems.
6. Submission of recommendations for new and additional ordinances
and regulations for environmental improvements.
7. Development of recommended changes in city procedures, programs,
or activities that contribute to our environmentaKproblem.
8. Suggestions as to means of creating an awareness of environmental
problems throughout the community, and lastly,
9. Identification of opportunities for community cooperation,
inter-agency cooperation and intergovernmental cooperation
in programs to improve the environment.
On September 27, 197', the City Council passed an ordinance virtually
identical to the recommendation. In January, 1972, the Council passed
a new ordinance repealing the earlier one, and making the following
modifications: (1) a tenth task was added allowing the CEQB to bring
in other related matters which might aid the City Council; (2) a six
month life span from date of swearing in; and, (3) an increase in
membership to seventeen.
23**
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Among the cities studied, the City of Inglewood purposely expanded
existing boards to encompass environmental concerns. In August, 1971,
in response to political considerations, a desire to streamline the
appeals process and some environmental problems, the Planning Com-
mission, Board of Zoning Appeals, Board of Building Appeals, and Board
of Fire Appeals were dissolved. Their functions were reconstituted into
a five-member Planning and Zoning Board and a five-member Construction
Appeals Board. The two boards combined form the Community Environment
Commission (CEC) which is mandated to meet quarterly, or on the call of
the chairman which rotates quarterly between the two board chairmen.
Figure 3.
Organization of Environmental Board in Inglewood
Community Environment Commission
Planning and
Zon i ng Boa rd
Construct ion
Appeals Board
Each councilman and the Mayor names one member of each board. No
particular emphasis is placed upon their expertise or concern for the
environment. However, city officials expect the CEC members to develop
some degree of environmental expertise. The primary function at the
present time is taking appeals on local environmental impact statements.
In another example the City of St. Petersburg abolished the Planning
Commission and created in its place a new environmental board.
Existing boards and commissions may automatically and unofficially expand
their concerns to include the environment as it relates to their primary
charge, e.g., zoning, in response to public interest.
Creation of a New Environmental Board
The creation of a new citizen board by local governments has been a
popular approach for increasing citizen input. Two alternative types of
membership are used, depending on the purpose of their creation.
1. general or "representative" citizen input providing a broad
view of community values on such issues as quality of life,
physical and social environment, and
2. specialized technical expertise on environmental problems to
provide resources presently unavailable to the local government
None of the citizen boards in the field studies utilized a general
membership advisory board on the environment.
235
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With the assistance of three staff members from the Department of
Planning and Urban Development, the CEQB distributed a questionnaire to
city departments followed by oral testimony, survey of local environmental
and community groups, and held two public hearings. Their report was
not completed at the time of the preparation of this report.
A similar approach has been taken by the City of Cincinnati, Ohio where
a Citizens' Environmental Task Force completed a year-long study of the
city's environmental problems. The members of the Task Force were
appointed by the Mayor and approved by the City Council based on their
expertise in a specific environmental related area. Their task was
to investigate air, water, noise, land use, solid waste, and energy
problems. The Task Force organized themselves into sub-committees which
were in charge of the report for a specific area. They all held at least
one hearing, submitted interim status reports, and distributed minutes of
meetings.
Additional examples of citizen environmental commissions can be
found in Figure k .
Conservation Commission
Another organizational approach for citizen participation, one used
in Massachusetts, Maine, New Hampshire, Connecticut, Rhode Island,
New York, and New Jersey, is the conservation commission. The commissions
are authorized in state enabling legislation and municipal ordinances
for the general purposes of land acquisition, coordination and planning
for environmental protection. Examples of their activities include:
—coordinating body working with local environmental groups to
preserve the natural environment
--serving as a focal point for organizing environmental projects
—acquiring property on approval of the appropriate governing
body, in the name of the municipality and administering use
of that land.
--conducting studies and making recommendations.
The important differences which separate conservation commissions and
regular citizen boards are state sponsorship, eligibility for state
funding, and ability to acquire land.
INTERGOVERNMENTAL ARRANGEMENTS
Where many environmental problems transcend local political boundaries,
regional or areawide solutions have received greater attention. Although
there is seldom controversy over the desirability of addressing certain
problems on a regional basis, controversy flourishes regarding how to
structure regional approaches.
236
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While regional systems to meet environmental needs are not new (Boston
initiated a regional water system in 1889), they have not been
prevalent until the last decade. The reasons for the upsurge in
regional arrangements include: (l) more obvious benefits to local
governments, such as cost savings and (2) new state and federal
regulations and financial incentives. A variety of regional approaches
have been developed, including intergovernmental agreements, regional
planning commissions, councils of governments, special districts,
functional planning bodies, consolidated city/county forms, metropolitan
federations, and compacts.
The key factors influencing local participation in regional programs
include: (l) Is it technically feasible? (2) What program functions
(e.g., planning, financing, operations) get regionalized? (3) Who
controls the regional system? (*t) How much will it cost? (5) What
level of service will it provide, and (6) How strong are the pressures
to regionalize? For a regional program to be successful, each individual
jurisdiction must perceive the benefits received, such as lower unit
costs to be greater than the costs the degree of control over local
affairs relinquished. Four forms found in the cities studied will be
discussed in the following text; namely intergovernmental agreements,
regional planning commissions, councils of governments, and special
districts.
INTERGOVERNMENTAL AGREEMENTS
Three examples of how agreements can be used in managing environmental
programs are the Montgomery County (Ohio) Solid Waste Program, the
Guilford County (North Carolina) Solid Waste Pulverization Program, and
the air pollution control program of the Combined General Health
District (Ohio).
Montgomery County Solid Waste Program
In 1970, most of Montgomery County, including Miamisburg, initiated a
comprehensive solid waste program by agreement. Prior to the program's
creation, improper landfill operations, a dwindling supply of land,
and growing concern about ground water contamination from landfills
were problems pressing for attention. At the same time the county
began investigating the use of incineration, the City of Dayton decided
that its own incinerator needed to be replaced. Subsequently, a
consultant study for the Montgomery County Health Department made the
recommendation that a countywide disposal system be established where
solid waste would be collected and transported via transfer stations to
incinerators for disposal. It was further recommended that the incinera-
tors be owned and operated by the county because of its greater borrowing
power. The study proposed that two incinerators be constructed initially.
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The system is presently operated by the County Sanitation Department,
under service agreements with the local governments in the County.
Generally, the agreements cover all solid waste with the possible
exception of some materials that are part of recycling programs. Seven
of thirteen municipalities in the County have formal contracts. The
remaining six cities participate and pay on a fee basis. The cost
per ton is the same.
The agreements also provide for an Advisory Board to the program made
up of six members; one appointed by the County, one by the City of
Dayton, one each by the Montgomery County Mayor's and the Manager's
Associations, one by the Dayton area Chamber of Commerce, and one by
the recognized association of refuse haulers. While the stated
purpose of this group is to resolve problems, in practice there is some
question as to its effectiveness.
The original cost of refuse disposal at the incinerator was $3-50 per
ton. Until recently haulers were charged $7-90 per ton. Now, however,
the rates have increased dramatically to $12.50 per ton. Although the
county subsidizes the operation by k2 cents on every ton, rates may have
to be increased even more to meet the costs of new capital equipment
required to meet new air quality standards. This financial problem
threatens the viability of this cooperative system.
Guilford County Solid Waste Pulverization Program
In 1972, Guilford County, the City of Greensboro, and the City of High
Point signed an agreement for a cooperative solid waste processing and
disposal program. Two years before, Guilford County had recognized
inadequacies in the solid waste programs within the county and proposed
a Tri-Governmental Solid Waste Committee (TGSWC) to attack the problem
and develop a common solution. In December 1970, TGSWC was formed.
Its membership represented the elected and administrative personnel from
each of the jurisdictions.
The staff immediately began to investigate individual problem areas.
Sample weights of loaded municipal vehicles were taken; estimated volume
capacities and weight calculations were made on private collection
vehicles; local areas of private service were better defined; differences
in the two municipal policies and procedures were clarified; time and
distance studies were made on all collection vehicles; and the
characteristics of local solid wastes were determined. For the first
time, a clear picture of the total, countywide solid waste generation,
collection, and disposal situation became available. After reviewing
alternative means of disposal, the Committee decided to initiate a
pulverization system. To finance the system, bonds for pulverization
equipment were voted by the respective electorates, winning by better
than 4 to 1.
During the frequent meetings in July, August, and September, 1971, the
staff prepared a detailed policy and procedures manual, which included
the role and responsibility of each government. Also included in this
239
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manual were estimated capital outlay per installation, estimated cost of
operation, and proposed amortization schedule for each piece of equipment
and structural component. Methods of disposal for special wastes not
suitable for pulverization were investigated and included in the manual.
A limited amount of resource recovery is also discussed in an addendum.
When a proposed draft was submitted to the elected representatives of
the TGSWC in November of 1971» it quickly became evident that a serious
disagreement existed between the County and one of the municipalities as to
the source of operating revenue. The municipality proposed that the
operating expenses of all three stations be funded through County tax
revenue. To facilitate this estimated annual need of $250,000,
a Countywide tax increase would have been necessary. The County was
unwilling to authorize this Increase for several reasons, primarily
because of the disproportionate ratio between industrial generation of
solid waste versus its real property value,and the fact that many
rural citizens in the outlying parts of the County were without collection
service and therefore would be paying for a disposal operation whether
they could utilize it or not.
The problem was finally resolved in December, 1971, by deciding to weigh each
collection vehicle as it delivered waste and bill its owner (be it public
or private) at the end of the month on the basis of the actual cost per
disposed ton times the actual tonnage delivered. A nominal fee
also is charged to each private auto delivering domestic waste- Debt
service on the capital facilities is to be met by the County from revenues
derived from a County sales tax.
The Solid Waste Committee envisions a future consolidation of all installations
under one agency (as originally proposed) as soon as Countywide collection
is available. Such a collection program (probably a rural container system)
is presently in the formulative stages. When this single agency (probably
the County) assumes responsibility for the operation of all three installa-
tions, an annual disposal surcharge or fee will probably be levied to each
home, business and industry (based on actual annual tonnage generated)
in lieu of the monthly billing, to fund the year-to-year operations. The
vehicles will then be weighed only for recordkeeping purposes.
Combined General Health District
In March 1971, the Montgomery County Combined General Health District was
formed as agreements were reached with five counties and the City of Dayton
for the expansion of the Montgomery County Health District air pollution
program, to cover the entire five county area. Subsequently, the size of
the Montgomery County Combined General Health District health board was
expanded from five to nine members (including five from Dayton). However,
the county health districts and most of the larger cities retained their
own health boards. Thus, each policy change made by the Combined Health
District must receive approval from each of the city and health district
boards. A few communities, e.g., Oakwood, have maintained their own staff.
However, they still contract with the Combined General Health District for the
air pollution control program.
ZkO
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Originally, Health District funding was principally derived from charges
levied against member jurisdictions. This limited source of revenue
permitted few extensive or new programs. The development of the
successful air pollution control programs by the Montgomery County
Combined Health District was dependent upon outside funding. The
current budget provides for a staff of approximately 30 and a total
budget of approximately three-quarters of a million dollars.
Compared to the levels recorded to date in the records of air pollution
data compiled over the years, the level of pollution has decreased in
virtually every category since the advent of the District. Compliance
generally has been achieved without major litigation, although often
hearings before the board were necessary to confirm intent to
enforce the standards. Perhaps one of the most innovative and
unique efforts within the Regional Air Pollution Control Agency is an
unusual combination of law enforcement and ecology that has resulted
in an environmental patrol program. The overall strategy of the
program has been to teach policemen to become environmentalists.
Experienced police officers with an interest in ecology are trained to
deal with violations of the "environment." Wearing green uniforms
with an ecology patch on one sleeve and a gun on one hip, the
environmental policemen patrol several neighboring counties watching
out for flagrant environmental violations such as illegal dumping or
potential health hazards such as rabid dogs. They issue citations similar
to parking tickets that warn the abuser to correct the violation
within five days or else appear in court.
REGIONAL PLANNING COMMISSIONS
The Miami Valley Regional Planning Commission (MVRPC) consists of
five counties and 31 municipalities in the Dayton metropolitan area.
These jurisdictions represent 97 percent of the regional population.
Each county appoints two members to the Commission and each municipality
appoints one. These members are predominantly elected officials.
Funds to operate MVRPC come from membership assessments, local money
for special projects, and federal grants. Membership fees are
assessed at a rate of 15 cents per capita (counties pay for unincor-
porated areas only). A few special projects for local agencies
are funded separately. The balance of the budget has been derived
from federal grants, primarily the HUD "701 Program."
In general, the goal of the Commission is to serve as a vehicle for
coordinating policies and plans throughout the regional area.
MVRPC's concern for the quality of the environment dates back to
a "State of the Region Report" in 1966, where the problems of air
and water pollution were summarized and the future impact projected.
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The Commission's role in environmental management includes chiefly
the following efforts: technical assistance, planning, A-95
review, and promotion of public participation. Planning efforts have
included the development of a regional open space plan, water and
sewer plan, bikeway plan, as well as other examples.
In the area of technical assistance, MVRPC maintains a small environ-
mental staff available to member governments and their citizens.
A report was prepared inventorying the natural resources in the region,
forming the technical base for the consideration of other environ-
mental programs. A status report on environmental quality critically
evaluated programs in the region and recommended actions to be taken.
Also, assistance has been provided for the preparation of environ-
mental impact statements.
MVRPC provides the A-95 review for federal projects in the region
and a similar review for state projects. The primary purpose of this
review is to ensure that state or federally funded programs in the
region correspond to regional planning efforts. The review carries
with it the sanction of withdrawing approval for projects, and this
was used in the case of two small municipalities only a few miles
apart that planned to construct separate sewage treatment facilities.
Finally, in the area of promotion of citizen participation, the
Commission has provided staff resources to assist citizen groups and
developed an aggressive public information program.
In addition to these services, the regional planning commission
provides a non-threatening forum for the discussion of issues on
a regional basis and as such encourages cooperative regional solutions
to problems.
COUNCIL OF GOVERNMENTS
In the North Carolina field study, the Piedmont Triad Council of
Governments (PTCOG) also had actively participated in local environ-
mental management. First, PTCOG added an environmental planner to
their staff. Second, it has participated in reviewing and commenting
on environmental impact statements through the A-95 process. Third,
PTCOG has provided some technical assistance to Winston-Salem and
Forsyth County in developing an administrative process for local
environmental impact assessment. Finally, PTCOG created the Regional
Piedmont Triad Committee on Environmental Affairs (RPTCEA) consisting
of forty individuals from the community. Plagued by a problem of
integrating the diverse task force reports, however, the RPTCEA was
abolished.
In the Dallas-Ft. Worth area, the North Central Texas Council of Govern-
ments (NCTCOG) has played an active role in environmental management.
Besides the normal role of regional planning and participation
in the A-95 process, NCTCOG contracted for a plan of a comprehensive
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sewerage system for their ten county area. The study area, however,
extended beyond the boundaries of NCTCOG and focused upon the Upper
Trinity River Basin which included portions of an additional 11
counties. The area of the study covered 11,000 miles and 2.7 million
population.
Six joint systems are to be established and operational relationships
stipulated through the North Central Texas Regional Water Quality
Compact; they would be drafted by officials of the affected cities and
the joint systems operators. The proposed compact spells out the
duties and responsibilities of the various levels of government.
One innovative organizational aspect is the formation of a Water
Development Council which would provide overall guidance and direction
for the Regional Sewerage Plan. The 21 member Council is to be
composed of 6 representatives from the two Dallas systems (3 selected
by the operators, and 3 nominated by the System Customer Council with
confirmation of the system operator), k from the Ft. Worth system
(2 operators and 2 customers), 4 from the Trinity River Authority
systems (2 operators and 2 customers), 3 from the other systems (1
operator and 2 customers); these 17 members plus 4 from the region
at-large would be appointed by the Executive Board of NCTCOG. The
creation of this council, by giving continuing opportunity to the
participating jurisdictions to influence decisions, substantially
contributed to the success of the project.
SPECIAL DISTRICTS
During the course of the field studies, two special districts
created by states were analyzed, the Miami (Ohio) Conservancy District
and the Trinity River Authority in Texas. This section examines
the Ohio example, and also the Regional Anti-Pollution Authority
in the Coachella Valley in California, which was voluntarily created
by local municipalities.
In response to the destructive flood of 1913, the Ohio legislature
passed the Ohio Conservancy Act creating the Miami Conservancy
District (MCD) as a subdivision of the state. The MCD has the power
to levy assessments; borrow money; condemn land to provide flood
protection; and plan, construct and maintain structures. The
Conservancy District does not have the power to enforce regulations
or to prosecute violators; state and local enforcement agencies
perform those functions. The District's area of concern is defined
by the geographical watershed of the streams and rivers involved.
Responsibility for the District is in the hands of the Conservancy
Court, which is made up of nine common pleas judges; one each from
the Ohio counties included. A three-man board of directors is
appointed by the Court to supervise the development and execution
of the District's activities and responsibilities. These men appoint
an operating staff for day-to-day management.
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Originally, the Conservancy District had responsibility only for
flood control. The flood control plan they developed provides
protection from a storm 40 percent greater than the 1913 storm.
However, MCD broadened its scope when it became directly involved
In water quality after passage of the National Water Quality Act
in 1965. A committee was formed under the sponsorship of the Dayton
Chamber of Commerce representing all permit holders (including
industries, counties and municipalities) as an act of resistance
to the standards proposed for the Miami River. The District served
in a technical advisory capacity to this committee. In 196? the
Conservancy District was charged by the State of Ohio with responsibility
for planning developing and guiding an effective program for improving
water quality in the District's watershed. The work to date has
been financed mainly by six counties and 53 industries and municipalities
holding Ohio permits to discharge wastes into the Great Miami River
and its tributaries. In addition, substantial federal funds were
provided by a grant from the Federal Water Quality Administration.
A three year study resulted in the following programs: water quality
management, stream appearance, in-stream aeration, low flow augmenta-
tion, regional treatment of non-aqueous wastes, and, regional
wastewater treatment. Other tasks in the water quality area that
the District is undertaking are building and operating two additional
regional treatment plants and studying landfill contamination
of ground water and the movement of pollution in aquifers.
Money to operate District programs comes from three sources: (1) flood
control funds are obtained from a property tax collected for the
District by the County Auditors; (2) water quality programs are funded
by fees charged the discharge permit holders; and (3) wastewater
treatment costs, e.g., the Franklin plant, are charged to the users
through the City of Franklin.
The Conservancy District is an important example for the region
because of the pattern of intergovernmental cooperation it has been
setting for nearly sixty years. The District's intent has been to
restrict itself to the field of water management, to avoid duplication
of efforts, and to act as a service agency or resource for businesses
and governments.
A unique approach to the formation of a special district has been
undertaken by four cities in Cal ifornia—Desert Hot Springs, Indian Wells,
Indio and Palm Springs. The threat of an oil refinery In a nearby
mountain pass brought the cities together in a joint powers agreement
to create the Regional Anti-Pollution Authority (RAPA). This
voluntarily-formed special district is governed by a board of directors
made up of two representatives from each city. A budget was prepared
and a formula for a voluntary assessment based on assessed valuation
and population agreed upon. In 1971-72, RAPA had a $55,655 budget
supporting a total staff of three.
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Among the additional activities the Authority has undertaken are:
testimony on state legislation, analysis of local environmental
regulations, citizen seminars on pollution, review of environmental
impact statements, and public information. RAPA has been actively
concerned with preserving the desert environment, and has promoted
new controls, e.g., regulations on hillside development, aimed at this
objective.
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SUMMARY
Three aspects of organizing for environmental management were examined
in this section: (1) local internal organizational structure; (2)
structure for citizen participation; and (3) intergovernmental struc-
ture and approaches. Based upon the field studies, there seems to be
considerable variety in arrangements utilized by local governments.
In relation to the internal organizational structure, environmental
responsibilities have traditionally been dispersed throughout several
departments, resulting in problems of coordination. Local govern-
ments have attempted to alleviate these problems by expanding an
existing agency to include environmental functions, creating a separate
environmental agency, or establishing an administrative committee. The
principle factors in determining the approach to be adopted include:
(1) which program areas are to be coordinated; (2) which functions are
to be coordinated; and (3) which approach is most consistent with the
organizational climate. The separate agency seems to promote an
advocate role that may place it in an adversary relation with other
departments. The desirability of this depends upon the particular
local situation.
One of the most common approaches for receiving citizen participation
is through citizen commissions. Municipal-sponsored citizen environ-
mental commissions vary on several aspects: (1) it can be a new board
or an expansion of an existing board; (2) it may be permanent or
temporary; (3) it can have a broad purpose or be limited to certain
subject areas; (*0 it can be advisory or have some authority; (5)
members can be experts or representatives of the community at large;
and, (6) it can have staff and a budget or have none. Inglewood,
California, combined several boards responsible for planning and code
appeals into a single board. Dallas created a temporary committee to
advise the city what its environmental role should be. Guilford County
appointed a board of experts to provide technical advice.
Intergovernmental arrangements can be even more diverse in nature.
This chapter discussed two county solid waste disposal contract services,
a multi-county health district air pollution contract service, several
environmental functions of a regional planning commission and a council
of governments, and a state-enacted special purpose river basin (water
quality -- flood control) district. While it is generally recognized
that "regional" organizations are necessary to address environmental
problems overlapping local boundaries, there are a number of obstacles
to the success of these efforts.
In reference to the diversity of organizational arrangements, perhaps a
city manager summed it up best when he stated: "How does one organize
to accomplish environmental management at the city level? There is no
one right way; what works is correct."
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C. Strategies for Environmental Management
The failure of past local programs to safeguard the environment has
led many local governments to search for better tools or strategies for
coping with environmental problems. To date, much of the local action
has been an attempt to solve environmental problems once they arise,
either through an enforcement program or provision of pollution control
facilities. For example, when water pollution became a problem,local
governments acted to provide a sewage treatment plant with capacity
to handle it. Or, after flood waters damaged areas in the community,
attempts would be made to dam or channelize the streams. More
recently, however, the focus of much of local governments' environ-
mental efforts has been to anticipate and prevent such problems from
occurring when possible. Land use controls, for example, can be
instituted to prevent construction within a flood plain. And in
the area of water quality standards, municipalities often require
that water entering the sewer system be of a certain quality,
necessitating pretreatment by a manufacturing plant.
The focus of the field studies was on forward-looking strategies with
broad application, rather than on technical solutions to specific
problems. Consequently, the four cities were examined with respect to
the following programs: environmental planning, environmental impact
assessment, and environmental quality standards.
A first step in developing environmental programs is the formulation
of a policy statement on the environment. While one can question the
utility of such a statement, a well-prepared policy statement can provide
direction for the entire staff of the organization and define some
parameters for the development of future strategies. To put these
policies into effect, they are almost always adopted by the legislative
body. This is usually accomplished in the form of a policy resolution
or as a part of the planning process.
The City of Westminster, California, for example, adopted an environ-
mental policy statement as part of its comprehensive general plan.
It stated:
The policy of the citizens and the city government of
Westminster is to enhance and maintain property to high
aesthetic standards, minimize adverse environmental impacts
of urbanization and industrialization, and eliminate dete-
riorating environmental situations or processes in order
to achieve a community compatible to wholesome psychological,
physiological, and sociological growth.
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Similarly, the City of Garland, Texas adopted the following policy
statement:
The City of Garland will consider the environmental impact
and associated economic implications of any public or
private action and will strive to obtain the balance of
factors providing the optimum community benefit. Further,
this city will initiate and encourage actions to insure
and safeguard a desirable environment.
With a general policy directive for guidance, a subsequent step taken
locally was to insure that environmental concerns were considered by
each city department (or those departments directly involved in
environmental activities). In Phoenix, Arizona, the City Manager
requested that departments undertake the following efforts:
1. Create an awareness of environmental issues among your staff.
2. Inventory and document community environmental problems to
be corrected and resources to be protected. These can be
problems resulting from activities of your department or
that you contact in the performance of your duties. Determine
what the city is doing, if this is sufficient and how we
might improve the situation.
3. Assess the environmental impact of proposed projects,
programs, ordinances and other activities. This additional
criteria should be present where relevant in evaluating
future proposals.
4. If your department has programs directly involved in environ-
mental issues, develop an appropriate public information
program.
Most communities are faced with a variety of environmental problems
and responsibilities and as a result need to search out broad strategies
as outlined above to deal with them. In applying these programs to
other contexts, the following factors should be considered for each
individual community: (l) the severity of the environmental problem(s);
(2) the type of pollutant; (3) the source of present and potential
pollution; (k) financial resources; (5) community resources; (6) avail-
able information; and, (7) staff expertise. While the strategies
discussed below are flexible enough to be as useful to small juris-
dictions as large, the complexities of environmental programs require
considerable analytic capability. This capability is needed to define
local needs, tailor a package of strategies to these needs, analyze
the interrelationships so there are few unintended results, and prepare
for implementation. (See Figure 5 for examples of policy statements of
Gar 1 and .)
ENVIRONMENTAL PLANNING
Environmental planning, although subject to many definitions and
interpretations, is used here to cover the consideration of
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FIGURE 5. EXAMPLES OF POLICY STATEMENTS ADOPTED BY CITY OF GARLAND, TEXAS'
Area of Concern
Air quality
Policy
Sol id waste
Water quality
Noise control
Urban aesthetics and
land management
.The quality of air should not adversely
affect the health of even the most
sensitive or susceptible groups of the
populat ion
.Pollutants should not reach concentrations
that would significantly reduce visi-
bility, especially visibility reductions
that would, or could, be a hazard to
transportat ion
.This city shall pursue technically and
financially feasible methods of solid
waste collection, separation, disposal,
recycling and recovery which reduce the
environmental impact of solid waste
disposal, achieve energy or resource
recovery, or recycle useful materials.
.This city will pursue the construction
and operation of pollution free waste-
water treatment facilities, thus recycling
wastewater to a reusable condition
.The city resolves to initiate programs
establishing and maintaining reasonable
levels of noise tolerance
.A specific objective of this city is to
insure a commitment, both public and
private, to a pleasing aesthetic appearance.
"The policies listed below are only a portion of those adopted by
the City; each area of concern contained several policy statements and
only part of them are shown here.
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environmental concerns In the comprehensive and land use planning
processes. The first step in environmental planning,then, is to
determine the particular environmental characteristics of the area. This
has been called a natural resources inventory, and has been described
most thoroughly by Ian McHarg in Design With Nature.
In 1967 the Miami Valley Regional Planning Commission published a
report of the "Natural Resources of the Miami Valley Region."
The purpose of the report was to identify the natural resources in the
region, analyze associated problems, and make recommendations relative
to managing these resources. Topics discussed included: geology
and minerals, soils, water, biological resources (e.g., fish,
wildlife), climate and prec.ipitat ion, flood plain encroachment, water
pollution, air pollution, and policy issues and recommendations for the
proper maintenance and use of resources. This report served as a
technical base for the consideration of other environmental programs
throughout the region.
In Dallas, when the task of reviewing environmental impact statements
was assigned to the Planning Department, it quickly became evident to
them that they had no environmental data in their plans from which to
estimate the environmental impacts of proposed projects. The Planning
Department subsequently contracted with a consulting firm for the
Dallas Eco Study. The purposes of that study were:
--to identify, quantify, and map the extent and location of
32 natural resources that are part of the Dallas County
ecological system
--to store and display the data on the relative tolerance of
the ecological systems to human impacts
--to provide a mechanism for the development of models to
evaluate the impact of projects on natural resources.
After getting estimates of $200,000 to $300,000, a consulting firm finally
was found that agreed to do the study for $25,000. However, the
Planning Department participated in the data source search and coding,
including interpreting infrared maps, and the computer programming
necessary to display the data on maps.
The data, for the most part, came from secondary sources including United
States Geological Service maps, infrared mapping from the National
Aeronautics and Space Administration, Corps of Engineers, Soil
Conservation Service, Dallas Geological Society, and local experts.
The following were criteria used in selecting variables:
--Enable spatial relationship of information
--Enable recording of information for future use in impact
quantification
--Enable value judgments to be placed upon systems and their
sub-units
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--Allow for the up-dating of the stored Information
--Allow for the analysis of information for multi-purpose
planning
--Be feasible from an economic and time standpoint
--Enable in-house capability for carrying on the planning
process
—Enable transfer of programs and methodology for ongoing
in-house operation
—Provide the complexity of data appropriate to the level of
decision-making required.
After a review of possible variables, data was collected on 32
natural resource variables and 3 measures of urbanization. The
natural resources were part of 5 eco-systems; there were 5 zoological
characteristics (e.g., Pileated Woodpecker habitat, complex wiIdlife
areas), 10 botanical characteristics (e.g., unique botanical areas,
natural and man-made marsh), 14 hydromorphic characteristics
(e.g., flood plains, watersheds), 1 edaphic characteristic (i.e.,
9 soil associations), and 2 geomorphic characteristics (i.e., 7 surface
geology types, and fault lines). In addition to the individual
variables, maps were also generated from them for 6 eco-systems
(hydromorphic was subdivided into surface and sub-surface), and for
2 broader systems—the biotic (i.e., botanical and zoological)
and abiotic.
The data on these variables were collected for 10,000 grids or cells.
Although this seems large, it must be noted that the study area
(Dallas County) was 900 square miles. The result is that each cell
contained 61.8 acres or each cell was 1/3 mile in length. This
relatively large size was deemed appropriate, considering the scale
of the data source maps and hence the efficiency of delineating and
extracting the data, and the level of decision-making requiring the
data to be collected. Despite the assurance that quite a few
developments in Dallas exceed 62 acres, it seems that cells of such
a large size limit the utility of the project.
Once the data was collected, interpreted and delineated (i.e., to
fit the grid scale of the study), patterns were extracted (i.e.,
either the predominant pattern for a resource in a cell was noted,
or the proportion of the cell covered by the resource was calculated).
The next step was to code these data: a numerical code was used on
OCR (Optical Scanner Reader) forms. (The equipment used for the project
included: one IBM 370 OS VS1, five IBM 2402 Tape Drives, one IBM
1404 Printer, three IBM 2319 Disc Storage Devices, one IBM 2540 Card
Reader Punch, and one IBM 1287 Optical Character Scanner.) The final
step of the process involved producing maps for each of the variables.
In addition to indicating the predominance and location of these
natural resources, a major element of the program was to indicate the
sensitivity of these resource patterns to human impact. The consulting
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firm was responsible for the modeling that resulted in these estimates
of tolerance, although judgments for some of the component factors
were often made by the local experts. These maps of resource tolerance
could then be combined under a variety of conditions or value assumptions.
For instance, a map was produced which could indicate the tolerance of
the area for development or human impact. A second map merely
showed the areas where there was a multiplicity of ecological sub-
systems rather than their degree of tolerance. A third map assumed
that the biotic component was twice as important as other components.
They noted that the biotic community was easier to identify and
observe, and therefore could serve as a valuable indicator of the
changes occurring in the ecological environment. A fourth map
utilized the urbanization data and therefore suggested, when combined
with other data from the study, which areas were suitable for urban
development.
The preparation of the Dal las Eco Study has served many functions;
namely,
--it increased knowledge and expertise of Planning Department
personnel on the ecological environment of Dallas
— it developed skills in environmental management
— it developed a mechanism which will aid in monitoring the
environment
--the output map of the study will aid in general routing
(i.e., transportation planning) and siting of public facilities,
as well as provide valuable information in zoning cases
--it will serve as an educational tool to be used in schools
— it enlisted community participation.
The flexibility in mapping in the Dallas study makes the inventory
a much more useful tool for decision makers than the published
inventory of MVRPC. Environmental planning then becomes more than a
statement of environmental problems and long-range policies. It is
a tool than can provide tailored information relevant to future
activities, e.g., the impact of a proposed new airport.
ENVIRONMENTAL IMPACT ASSESSMENT
As a relatively new strategy for environmental management, environmental
impact assessment is one of the more controversial mechanisms. Of
all the field study cities, Inglewood was the only one which had
adopted some form of assessment process.
In May 1972, Inglewood established formal requirements for environmental
impact review (EIR). Then in February 1973, the Resources Agency of
California issued its guidelines for the implementation of the California
Environmental Quality Act (CEQA) of 1970. In April, 1973, the City
Council of Inglewood amended its own requirements and procedures to
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conform to the state's guidelines (see case study for discussion of
old guidelines). Prior to the revision of the guidelines in April
1973, H public and 25 private projects were subject to the EIR process.
Of the 11 public projects, 3 or the EIRs had to be changed as a result
of the review process, and 2 of these projects were modified as a
result; no projects were rejected. Of the 25 private projects subject
to the EIR process, 20 Environmental Clearance Statements were
accepted unconditionally, 3 were accepted conditionally, and 2 were
subject to a full Environmental Impact Study; no projects were rejected.
The procedure as now established requires the Planning and Development
Director (rather than a broader-based Environmental Review Committee
composed of representatives of several departments) to make the
initial decisions whether: (a) the project or activity is covered
by the CEQ.A or Council ordinance, (b) exempt because the governmental
action is deemed to be either an emergency, or of a ministerial nature,
or (c) categorically exempt. Ministerial acts include filing of
sub-division maps and issuing building permits--both of which had
been included in Inglewood's EIR process prior to these revisions.
Projects that are categorically exempt are: (1) existing facilities
which are merely being repaired, maintained, or altered slightly
(additional space is limited to 2500 square feet or 50%, whichever
is less); (2) replacement or reconstruction of existing structures and
facilities, with substantially the same purpose and size; (3) new
construction of small structures (e.g., a single family home--
provided no more than two are built—or stores and offices designed for
no more than 20 occupants); (k) minor alterations to land (e.g.,
grading on land with less than 10% slope); (5) minor alterations in land
use limitations—i.e., minor lot line adjustments and set-back
variances, not zoning changes which are not exempt; (6) accessory
structures (such as small parking lots, on-premise signs, drainage
projects under $10,000). The last four categories may not be exempt
if the project is in a particularly sensitive environment, or if the
cumulative impact of successive minor changes results in a significant
impact. Other categorical exemptions include information collection,
regulatory actions for protection of natural resources and for
protection of the environment, inspections, loans, and surplus
government property sales (except land).
If the project is not exempt, the Planning and Development Director
must then decide whether the project may have possible significant
environmental effects. If he declares that it will not have such
impact, he issues a Negative Declaration, which is posted and becomes
final after 10 days if it has not been appealed. In Inglewood, appeals
are heard by the Community Environment Commission (which is a joint
group composed of the Planning and Zoning Board and the Constructions
Appeals Board), after a fee of $50 has been paid; their decision may be
appealed to the City Council within 10 days on payment of a $25 fee.
The Director's decision that a project may have significant impact and
therefore requires an Environmental Impact Report also is appealable
under the conditions noted above.
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The factors to be considered in making the decision whether a project
may have a significant environmental impact requiring further study
are basically the same as those the Environmental Review Committee
was to use in making the same decision under Inglewood's earlier
guidelines--with the exception that assessing the project's effect
on the need for public services is not specifically mentioned and the
new language only mentions "posing a burden on the existing street
system" in its place. Reference to impacts on irreplacable cultural,
historical, and recreational sites also was dropped at this decision
point; but it and the impact of the project upon public services must
be included in the full Environmental Impact Report, if one is required.
It should also be noted that the guidelines specifically stated
that the factors to be considered were not to be limited to those
listed. Further, both primary and secondary consequences of an
action are to be considered (e.g., the consequences upon the environ-
ment of any resulting population growth).
If an EIR is required, the draft (which may be made by the developer)
is circulated to interested departments and is made available to the
public upon request. Comments are to be made within 30 days, and a
final EIR is to be prepared within an additional 30 days. The city
then decides whether the project will or wi11 not have a significant
effect on the environment, and whether or not to approve the project.
An Environmental Impact Report must include: (a) the environmental
impact of the proposed action, including primary and secondary impacts
as well as short-term and long-term ones, at each stage--acquisition,
construction, operation--of the project; (b) any adverse environmental
effects which cannot be avoided if the project is implemented; (c)
mitigation measures proposed to minimize the impact; (d) alternatives
to the proposed action (including alternative mitigation measures,
and the option of having no project at all), with the reasons for
rejecting them; (e) relationship between the short-term use of the
environment and the perspective that each generation is the trustee
of the environment for future generations; (f) any irreversible
environmental changes if the project were implemented; (g) the growth
inducing impacts of the proposed action; and (h) the boundaries of
the affected area, which actually may be quite far from the proposed
site.
The EIR process has introduced environmental considerations into the
decision-making process and has contributed to its rationality and
openness. The Environmental Impact Review process has proven success-
ful—not so much because it has killed environmentally damaging projects,
but because it has introduced environmental considerations into the
decision-making process of both private developers as well as govern-
mental decision-makers. Its most serious problem may be the inability
to accurately assess the environmental impact of a project, given the
current state of available knowledge. Other criticisms of the process,
such as its cost, or delay involved, are minor when compared to the
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benefits that can be gained if a project that is potentially harmful
to the environment is blocked. But the technique requires dedicated
administrators and vigilant citizen participation; the process can
quite easily become a pro forma exercise without these.
ENFORCEMENT OF ENVIRONMENTAL QUALITY STANDARDS
A key strategy for environmental management is the development and
enforcement of environmental quality standards. Generally, specific
ordinances are enacted aimed at the specific pollution problem, e.g.
air, water or noise. Since the degree of local authority in each of these
areas depends upon state enabling legislation, it is difficult to
generalize local experience. The level of enforcement effort also
varies greatly between local governments. Furthermore, most enforce-
ment programs require a specialized enforcement staff.
Water
In Greensboro, North Carolina, the city government adopted an ordinance
in January, 1961, that established limitations on waste which it would
accept. Unacceptable wastes included:
--any liquid or vapor having a temperature of 150°F
--any solids such as ashes, sand, mud, etc.
--any gasoline, flammable or explosive liquids
--any improperly shredded garbage
--any waste having a stabilized pH of less than 5.5 or more than 10.0
--any cyanides
--any noxious or malodorous gases.
In an amendment, a surcharge was established on those industries and
commercial establishments which contribute excess BOD and suspended solids
in their wastewater discharge. No maximum limit on concentration was
set forth. Immediately after the amendments passed, the city sent
a letter to all potentially affected industry, volunteering city
personnel and laboratories to aid industry in problems of in-plant
control at no charge. Plants made one of three responses; either they
cleaned up and installed necessary equipment; they cleaned up in
part by eliminating most costly pollution; or, they took no action.
The third alternative occurred most often since it was considered less
expensive to pay the city surcharge.
A sampling schedule was then set up based on the monthly surcharge rate:
— less $100, twice a year
--$100 to $500, four times a year
--over $500, six times a year
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A minimum of three days is devoted to sampling each plant with an
authentic average used to determine rate. Due to sampling problems
with restaurants and laundromats, a special fixed unit charge is made.
The advantages to this program are: (l) the program is self sustaining
financially, (2) industry is kept aware of the problem of wastewater
treatment, (3) waste loads are lower, and (4) current information can
be distributed.
The City of Dallas also maintains a water quality program. While
it has an ordinance controlling wastes discharged into the sewer system,
no continuous monitoring is made and no schedule of effluent charges
exists. Dallas does spot monitor outfalls into the Trinity River.
However, the City has not brought any suits against violators, but
instead turns to the state for enforcement assistance when voluntary
compliance is not forthcoming. Dallas also staffs a biological
assay team that regularly monitors every stream in the city for aquatic
life. It is felt that the health of stream life is the best measure of
pollution.
Air
In each of the field study areas, air pollution was primarily a
state responsibility, with day to day operations delegated to a
subdivision, e.g., special district or county (see the discussion of
the Miami Valley Combined Health District air pollution control program
on page 2kO )•
Although the State similarly is responsible for air pollution control in
Texas, the absence of a vigorous enforcement program has led many local
governments to establish their own programs. In Dallas, the monitoring
and enforcement program has been relatively low key. The Air Pollution
Control Section's program of monitoring air pollution at approximately
14 sites has resulted in cleaner air (e.g., 25% less suspended
particulates) than existed in 1968 when the section began functioning.
The enforcement program included 13 convictions in 1972 with about
25 cases still pending at the beginning of 1973; fines generally were
$100, but compliance with standards was achieved in these cases. It
is estimated that Dallas industry spent $2.5 million since 1966 for
equipment and an equal amount for maintenance and operation of air
pollution control systems.
Noise
In the area of noise pollution, Inglewood has played a leading role.
In September 1969, the city adopted a 10 point program, which was to
be carried out, in part, by a newly created Environmental Standards
Division. A Director was hired in November 1969 after a vigorous
recruitment campaign.
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The 10-point plan called for:
1. A series of law suits against Los Angeles for damages on
behalf of residents and property owners in Inglewood, and
to compel them to extend their runways thereby permitting
landing aircraft to be at a higher altitude while over
Ing1ewood.
2. A comprehensive noise ordinance. Development of the
ordinance and enforcement of it required a variety of
monitoring equipment. The equipment that was purchased
included a van which contained a microphone, precision sound
level meter, octave band analyzer, graphic recorder, camera
equipment, and tools and other accessories. Some of this
equipment was for the City's general noise monitoring program,
and some of it was aimed at collecting data necessary for
Inglewood's campaign on aircraft noise. In addition to this
portable equipment, there were also k fixed microphones
on telephone poles in the flight path and a central recording
station in City Hall to receive the aircraft noise data. It
should be noted that a city could begin its program with
a relatively simple hand-held meter (although it would have
limited utility for any court cases).
The noise ordinance that was adopted is similar to the Model
Noise Ordinance developed by the League of California Cities.
The ordinance establishes standards which vary according to
different zones and times. For instance the assumed base
ambient noise level for residential areas at night is 45 dbA,
while it is 55 dbA during the day; this compares to 65 dbA
for commercial zones during the day. Any continuous noise
5 dbA above the ambient level is prohibited; guidelines
suggested that intermittent noise (less that 5 minutes an
hour) should not exceed 10 dbA above the ambient, and short
duration noise (lasting only a few seconds) is limited to
15 dbA above the ambient for purposes of enforcement.
A special provision was written for aircraft noise. Because
of earlier federal court rulings limiting the power of
other cities to regulate interstate commerce such as airplane
flights, the ordinance exempted any planes flying in
conformity with federal air regulations or traffic control
instructions. But if a plane was in violation of these
rules--e.g., flying significantly below the proscribed
landing approach glide path—it was prohibited from producing
noise levels above 90 dbA.
3. Building codes were to be revised requiring soundproofing
of all new construction and remodeling.
4. Master plan and zoning regulations were to be re-examined
in order to adjust land use in areas in the aircraft landing
corridors.
5. The city attempted to get Los Angeles to extend its runways
toward the ocean, thus permitting planes to be at a
higher altitude while flying over Inglewood.
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6. It also tried to get other revisions in the approach
pattern (e.g., prohibiting turns in the area).
7. It urged that approaches to the airport be at a steeper
angle.
8. It urged the airlines to develop quieter (and cleaner)
engines.
9. It devoted a major effort to appearing before FAA, CAB,
and California Public Utilities Commission proceedings
affecting noise.
10. It helped form a national organization concerned with noise
abatement—NOI SE (National Organization to Insure a Sound-
controlled Environment).
The city has sought to use the courts in enforcement processes. With
the help of special counsel, a suit was filed against the City of Los
Angeles, which owns the Los Angeles International Airport, in the
U.S. District Court in May, 1969. A nearly identical suit was filed
in the California Superior Court in October, 19&9. The main reason
for initiating the backup suit in the state court was that it had a
lower minimum monetary jurisdiction; a plaintiff has to have damages
of $10,000 to sue in federal court, but only $5,000 in the state court.
The federal court ruled that Inglewood did not have standing to sue.
This decision was appealed to the Court of Appeals which ruled that
Inglewood could sue and remanded the case back to the lower court
which, in part, was to determine as part of the trial whether the
owners had suffered the minimum amount of damages necessary for a
federal suit.
But Inglewood decided to drop its federal suit and press its case in
the state court. The city won the first round when the court rejected
Los Angeles' motion to dismiss the case on the grounds of "multiplicity
of actions" (i.e., the suit in Federal Court and a separate suit by a
group of Inglewood residents). Los Angeles' appeal of this decision is
now under consideration. In addition, Inglewood's suit in Federal Court
was filed in behalf of residents and some of these are trying to have
the Federal suit re-instated.
This discussion of Inglewood's civil suits clearly indicates one of
the major weaknesses of this strategy--!.e., it is subject to great
delays, increasing its costs.
Inglewood's criminal case did not fare better. When the city filed
misdemeanor charges in March 1971 against an airline's pilot for violating
its noise ordinance, an injunction against enforcement of this part
of the ordinance was issued.
Radiat ion
In Miamisburg, a special program of cooperation exists between the
Mound Laboratory, under AEC contract, and the City. The Mound Lab
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Program of Safety and Environmental Control has evolved coincident with
the dramatic increase in public awareness concerning environmental
issues. Two events occurred in 1968 which, in retrospect, appear to
have been significant in establishing the present open and cooperative
climate in which the program is conducted. In that year, a Miamisburg
City Councilman read a series of newspaper accounts of a report of
two researchers who claimed that current AEC standards for human
radiation tolerance were too high and should be lowered to prevent
potential long-range genetic and other environmental effects. The
Councilman, through the city staff, initiated a series of discussions
with the Mound Lab concerning the impact of this report upon the citizens
of Miamisburg and the surrounding communities. Simultaneously,
the Atomic Energy Commission, under considerable environmental pressure,
became persuaded that more openness was needed in its communication
with the public concerning the environmental impact of its contract
facilities and licensed radiation sources. Apparently the effect
of these events had a major impact on the public posture of Mound Lab
with respect to its environmental control program.
Subsequent to 1968, Mound Lab renewed its emphasis on environmental
control and safety by internal reorganization which gave top
priority to the matters of employee safety; containment of pollution
at the source; and on-site and off-site monitoring systems. The
basic intent of the control program is to prevent at the source any
radiation leaks or safety hazards both to the community and to employees
within the plant. The monitoring program is set at various levels of
"triggering" to assure that any leakage would be discovered well before
reaching critical exposure levels.
The monitoring program is designed around the standards developed
by the Federal and state governments to control pollution. AEC
regulations on radiation protection are based principally on the
Radioactivity Concentration Guide (RCG) levels recommended by the
Office of Radiation Programs of the Environmental Protection Agency.
The levels represent limits in the concentration of radioactivity
for each specific type of radioactive material that should not be
exceeded. All effluents leaving the laboratory are analyzed for
pollutants. Samples taken on and off-site are reviewed for radio-
activity in the basic elements man contacts, e.g., air, water, soil,
and foodstuffs. Mound has two treatment plants that process all
liquid wastes before they are discharged into the Miami River. In
addition to two on-site water sampling stations which operate con-
tinuously, there are five water sampling locations along a seven mile
stretch of the river. The effluent is analyzed for three radio-active
materials (polonium, plutonium, and tritium) as well as 29 different
water quality parameters listed by the Environmental Protection
Agency.
The Lab also monitors air quality, beginning with stack emissions.
The off-site air sampling survey covers an area of some 1,250
square miles. The samples are collected three times a week in each
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of the 21 off-site air sampling stations. These facilities were
then turned over to the Montgomery County Combined Health Department
for operating as an air monitoring system. The Monsanto/Mound
facility shares in the data in all 21 such stations. Thus, everyone
believes that they are Health Department facilities, with the end
result being an excellent program within which the Mound Laboratory,
through cooperation with a public regional agency, gains needed
information without public alarm by minimizing the physical presence
of its monitoring activities.
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SUMMARY
Several strategies for environmental arrangement are available to local
governments. However, it was not possible to investigate them all in
the four field studies. This chapter, therefore, reviewed three major
strategies: natural systems inventory, environmental impact assess-
ment, and environmental quality standards.
The natural systems inventory is seen as an important step in local
environmental planning. The inventory can take the form of a planning
report, as in the case of the Miami Valley Regional Planning Commission,
or a computor-based information program, as in Dallas. The Dallas
experience indicates that such a program can be undertaken at minimal
cost.
The discussion of environmental impact assessment was based on the
experience of Inglewood, California. The Inglewood process, entitled
total impact analysis, includes consideration of economic and social
impact as well as environmental. The procedures followed are explained
in some detail. While the impact assessment is regarded as successful
in terms of introducing environmental considerations into the decision
making process of public officials and private developers, it is
criticized for the inadequacy of current knowledge, cost and possible
project delays.
Several local programs for the enforcement of environmental quality
standards were discussed. In Greensboro, North Carolina, and Dallas,
water quality was examined. Greensboro has established wastewater
standards with a system of surcharges for violations. Dallas monitors
outfalls into the Trinity River and also city streams.
The air pollution control program in Dallas is somewhat unique because
the State has the primary legal responsibility for air pollution control
in Texas. They maintain a small staff for monitoring and enforcement,
although emphasis is a voluntary compliance.
A vigorous noise control program was found in Inglewood. Their noise
program includes a comprehensive noise ordinance, monitoring, revised
building codes, and initiation of legal suits.
The city's effectiveness in noise control has been somewhat limited in
the case of the aircraft noise from Los Angeles International Airport,
although legal cases are still pending.
The final example of radiation control in Miamisburg, Ohio, is important
for two reasons: (1) it is an area of emerging interest, and (2) it
demonstrates a federal, local, private cooperative relationship.
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Perhaps the key point to be made by these examples of local strategies
is that they are now being successfully carried out and at a cost that
is not prohibitive to most local governments. In many respects,
however, the programs are experimental in the sense that there still
needs to be greater technical input and better program evaluation.
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APPENDIX 1
CRITICAL VARIABLES AND RELATED RESEARCH QUESTIONS
1. The General Condition of the Environment (Living and Physical).
How did the environmental issues come to attention of the
local government?
How did local governmental officials know there was an
environmental problem?
Was there an environmental crisis near or in the jurisdiction
of the local government? If so, what type of problem? How
long did it last? What was the public reaction to the problem?
What was the government's reaction to the problem?
Does the local government monitor the quality of the environ-
ment? If so, how?
Is there in existence an environmental inventory?
2. Attitudes and Opinions of the Community toward the Environment
What is the attitude of local administrators toward the environ-
ment?
What is the attitude of local elected officials toward the
envi ronment?
What is the attitude of the news media (editorials and news coverage
toward the environment?
What is the attitude of the citizenry toward the environment?
How have these attitudes been manifested into action?
3. Political and Legal Context of the Local Government
What are the major environmental issues facing local policy
makers?
How have the voters behaved in past elections on environ-
mental issues?
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How heavily have candidates for public office campaigned on environ-
mental issues?
What were the results of the election?
What past issues have involved environmental matters? How did they
get into the political arena? How were the issues resolved?
What interest and citizen groups have been active in environmental
issues? What were their goals? What political strategies did they
use? Who belongs to the group? How are their leaders? What issues
are they active on?
What are the constitutional limitations on the powers of the local
government?
What type of governmental structure does the local body have?
Who are the elected officials?
Who are the chief administrative personnel? What are their back-
grounds and experiences, particularly in environmental management?
What is the relationship between the local government being studied
and other governmental bodies both local and state?
4. Environmental Policy
What environmental policy (ies) have been adopted by the local govern-
ment?
What was the process for adoption?
What opposition to the policy existed?
How is the environmental policy being implemented?
What is the relationship between local environmental policies and
state policies and requirement? and between local environmental policies
and Federal policies and requirements?
Who wrote the policy? Were there general guidelines?
5. Administrative Organization for the Environment
In general, how is the local government organized? How does the
environmental program fit in?
What is the budget for environmental programs? How does this compare
to the overall local government budget? How much aid does the local govern-
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ment receive from the state and the Federal government? What is
the process for obtaining the financial aid? How do environmental
programs fit into the capital budget?
What organizational changes have been made to improve local
environmental management?
Has a citizen advisory board or commission been created? If so,
How was it established?
Who serves on the commission? What is their background? How
are they appointed? What is their primary responsibility?
What is the function of the commission?
What is the financial cost?
What problems exist in implementation?
What suggestions for improvements can be made?
How does it relate to other boards and commissions?
Has an individual been designated as head of the environmental
programs: If so,
Who is this person? What is his background?
What are the job requirements?
What are his primary functions?
How does he relate to other administrators and departments?
Has an administrative committee been created? If so,
Who is a member of the committee?
What is their primary responsibility?
How often do they meet?
Who is chairman of the committee?
Has an environmental department or agency been created?
How was it established? Who established it?
Who are the employees of the department? What are the backgrounds
of the personnel in the department? What training have they
had in environmental management? What are the current responsi-
bilities and functions?
What programs do they have responsibility for?
How are the programs being implemented?
What criteria would they use to evaluate their effectiveness?
How effective are the programs?
What problems (administrative and political) have they encountered?
What alternative administrative structure could be suggested?
What relationship exists between this department and other
departments, particularly planning and public works?
What is the role of the chief administrative officer in local
environmental management?
How are the various programs coordinated?
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6. Strategies for Local Environmental Management - Environmental
Impact Statements, Environmental Quality Standards and their
Enforcement, Economic Incentives and Penalties, Land Use Controls
and Planning, Court Cases, Moratoriums, etc. For each strategy,
the following set of questions will be used:
How was the strategy developed? Who developed it?
How was approval secured? What political problems occurred?
How is the strategy being implemented? Who has primary re-
sponsibi1ity?
How much does the strategy cost?
What are the procedures?
What personnel resources are being expended? Who are the
personnel? What training and background do they have?
What criteria are presently being used to evaluate the
strategy?
How effective is the strategy in improving environmental
quality?
What suggestion can be made for improvements?
7- Intergovernmental Relations in Environmental Management
What regional arrangement exists in environmental management?
How was this arrangement created?
What is the role of the local government being studied?
How is it financed?
What are its responsibility and functions?
Who are its employees?
How successful has the arrangement been?
What problems have been encountered?
What suggestions can be made?
What state programs does the local government participate in?
What is the relationship between governmental bodies?
What is the financial arrangement?
What problems exist?
How can these problems be overcome?
What Federal programs does the local government participate in?
What is the specific relationship between governmental bodies?
What is the financial relationship?
What problems exist?
How can these problems be overcome?
What is the relationship between the local government and the U.S. EPA?
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APPENDIX 2
REPORT ON THE FIELD TRIP TO DALLAS, TEXAS
Introduct ion
The City of Dallas has experienced rapid growth between I960 and 1970
with its population increasing nearly 25% to total 850,000. The
land area for Dallas also increased by ]6% during those ten years to
295 square miles. To the untrained observer, Dallas even with its
tremendous growth, gives the impression of wide open spaces. This
feeling of space, combined with a belief in growth and the free
enterprise system, leads many citizens to feel that there are no
environmental problems in Dallas. But Dallas' environmental problems
are keeping pace with its growth.
Located near the center of northeast Texas, Dallas is on the western
edge of the Gulf Coastal Plain. The prairie basin is drained entirely
by the Trinity River and its tributaries. The Trinity River is
considered to have a "relatively low" pollution level in comparison
to rivers in other cities like Houston and Cleveland. The major causes
of water pollution in the Trinity are oil and grease from city streets,
service stations, and oil disposed of by citizens after lubricating
their automobiles; and phosphates from detergents and fertilizers.
In fact, water pollution experts have pointed out that during the summer
months, the Trinity River is 90-95? treated effluent. Like many other
cities, Dallas periodically experiences atmospheric conditions known
as a temperature inversion. These inversions are associated with poor
atmospheric diffusion conditions with the cycle of inversion and non-
inversion conditions drastically affecting the air pollution problem.
The principal result of the inversion is to inhibit vertical motions
of the atmosphere. Air pollution experts note Dallas' location in a
basin with walls of only 300-500 feet or 1000 feet if adjoining
counties are added. This basin increases the air pollution problems
associated with inversions. From another point of view, Dallas is
thought of as a "wel1-ventilated city"due to wind speed averaging about
10 mph. Dust particle concentration measurements in Dallas show that
the pollution level increases during the work week in spite of the winds.
It is quite evident that the amount of ventilation is far from sufficient
from the pollution standpoint. Noise pollution in many parts of the
city is a serious problem, particularly in those areas under the take
off and landing patterns around Love Field. Another source of noise
pollution is highways with inadequate noise buffers. In terms of
land use patterns, there is insufficient open space in many areas to
buffer incompatible land uses.
The City of Dallas has recognized its environmental problems and has
undertaken a variety of strategies to improve environmental quality,
includ ing:
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--an ordinance re discharging industrial wastes (see Addendum a.)
—development of a Water Reclamation Research Center for
conducting research in waste water treatment
—cataloging all major portions of the sanitary sewer system
and the preparation of a computer model of the sewer system
to include a quantity of flow and number of new customers
in each drainage area
—a ban on all open burning of refuse
—a system of sanitary landfills for solid waste disposal
--development of a plan for separation and recycling of solid
wastes
— research on pollution resistent plants
--civic sponsored beautification program
--completion of the Dallas-Ft. Worth Transportation Study and
Regional Public Transportation Study.
--a federally-funded Urban Corridor Demonstration Program
designed to produce significant gains in the elimination of
traffic congestion on freeways and streets by giving
preferred treatment to buses.
—revision of subdivision regulations to reflect considerations
of design and environment.
—creation of a temporary citizens' advisory committee to assess
environmental conditions.
Since it would be impossible to analyze all organizational changes
and environmental management programs, only the following aspects are
discussed in this report. Three organizational innovations have
been identified:
—the Committee on Environmental duality as a temporary citizen
advisory body
—the Trinity River Authority as a state-created, regional body
responsible for the environmental quality of the Trinity River
Basin
—a report completed under the North Central Texas Council of
Governments recommending a Comprehensive Sewerage Plan for the
Upper Trinity River Basin
In terms of environmental management programs, three strategies are
analyzed:
--the Ecological Study which was an inventory of present
environmental conditions, both physical and social in Dallas
County
--programs in environment quality standards and their enforcement,
concentrating on air and water standards
—the Water Reclamation Research Center, using both municipal
and federal funding, in doing a research project on waste water
treatment and possible recycling
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COMMITTEE ON ENVIRONMENTAL QUALITY
The involvement of citizens in environmental affairs at the local
level through the creation of an advisory committee may or may not
serve any purpose beyond "window dressing." However, a number of
worthwhile purposes are possible:
—to bring additional expertise to decision makers, with
selection of committee members based on technical skills or
knowledge
--to call public attention to an environmentally related problem
and generate support for governmental actions. Consequently,
committee members might be selected for being an environmental
proponent or for investigative skills.
--to make preliminary decisions which are reviewed by elected
officials or determining community goals and priorities, with
selection of committee members based on representativeness of
the community.
These are not exclusive functions; for instance, an advisory committee
may accomplish all of these objectives and have its membership selected
on the basis of all of these criteria. In Dallas, the Committee on
Environmental Quality was selected primarily with considerations of
representativeness in mind rather than technical expertise or investi-
gative skills, or resources (such as time), or dedication to the
environmental cause.
During the Spring 197' campaigns mayoral candidate Wes Wise, pitted
against the choice of the usually victorious Citizen Charter Association,
ran on a platform which considered the environmental issue second only
to law and order. After Mr. Wise's victory, he followed through with his
concern for the environment. On July 26, 1971 he appointed a 3-man Council
committee to study the feasibility of creating a City Environmental Quality
Board, with the suggestions that it have approximately 8 members--
including 1 high school and 1 college student (his campaign had urged
greater participation In government by young people), at least 2 from
industry, and the remainder from the general public—and that it be
"strictly an advisory one."
After receiving assistance from the City Manager's office, on September 13,
1971 this study committee reported its recommendations. It supported the
establishment of a 15-member committee with the membership being "drawn
from those in the city with useful knowledge and expertise, e.g.,
Architects, Planners, Landscape Architects, Engineers, Medical Societies,
Home Builders, Real Estate, Professionals, Industry, Environmental
Organizations, League of Women Voters, A.A.U.W., High School Students,
College Students." The members' term of office would cease on June 1,
1972 upon completion of their report. The Committee would have had
eight and one-half months if the Council acted promptly on the recom-
mendations of the City Manager's staff, which would serve as their staff.
The scope of their work was broad in that the Committee was to develop
and submit "a recommended city-wide environmental policy with consideration
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of the specific categories and concern of water (pollution and thermal
condition) quality, air pollution (including dust, odor and equipment
emissions), noise pollution, visual pollution, open space, land use,
population, solid waste pollution." The report continued,
"The pursuit of this assignment would involve the following:
1. Assessment or environmental preservation action and improve-
ments accomplished or in progress.
2. Identification of instances where environmental improvements
could be made.
3. Inventory and documentation of community environmental prob-
lems, ranking them in order of severity of effects on
residents.
4. Identification of needs for:
a) research, experimentation and expanded special environ-
mental projects;
b) planning strategies;
c) programs for public Information
5. Definition of an appropriate city role in the solution of
environmental problems.
6. Submission of recommendations for new and additional ordinances
and regulations for environmental improvements.
7. Development of recommended changes in city procedures, programs,
or activities that contribute to our environmental problem.
8. Suggestions as to means of creating an awareness of environ-
mental problems throughout the community, and lastly,
9. Identification of opportunities for community cooperation,
inter-agency cooperation and intergovernmental cooperation
in programs to improve the environment."
In addition, the Council committee noted it was prepared to offer a
resolution to accomplish this and to nominate the 15 members of the
committee.
On September 27, 1971 the Council passed an ordinance virtually
identical to the recommendation. But the resolution was not imple-
mented - i.e., the appointments were not made. On January 3, 1972 the
Council passed a new ordinance repealing the earlier one, adding a
10th objective: "Such other related matters that the Committee deems
of benefit to the City Council in attacking the environmental problem
of the City," giving it a 6-month life from the date of swearing in
of a majority of the Committee, and increasing its size to 17
(including a Chairman and Vice-chairman). See Addendum b . On March 1,
1972 thirteen of the members were sworn in, and the Committee was
ready to function.
The delay between the creation of the City Council's committee to
study the feasibility of a Committee on Environmental Quality and
the swearing in of this citizen advisory group was more than seven
months. Speculation about the delay centered on the difficulties
involved in agreeing on the appointees, although other causes may
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have contributed, such as the press of higher-priority matters. The
size escalated from Mayor Wise's suggestion of 8, to the City Council
committee's suggestion of 15,to the final selection of 17. One source
speculated that the delay came, in part, from the Council's desire to
"avoid conflict. Extensive negotiation occurred over the appointment
of the only black as Committee Vice-Chairman; when the initial choice
declined to serve because of the press of his other activities, there
was some delay until a second black man could be named as his substitute
as Vice-Chairman. The political sensitivity of the task of naming
the Committee may also be seen in the fact that only 5 or 6 of the
30-ifO names suggested by the Planning Department were eventually
appointed.*
Additional speculation about the delay suggested that the Planning
Department staff, which served as the staff for the Committee, was busy
with other activities and so the entire project was delayed. It
is interesting to note, however, that the Committee received a 52-page
staff report from them entitled, "Environmental Issues in Dallas: A
Preliminary Report," dated October 1971, suggesting that an earlier
start for the Committee was anticipated. This report included a
description of current environmental conditions in Dallas, a statement
on existing legal tools, a description of the relevant public agencies
that might be helpful to the committee, a brief list of the most
active environmental groups, and an outline of the significant problems
the committee might examine. Appendices included a description of the
physical landscape; a summary of relevant local, state, and federal
laws in the environmental field; a list of names and addresses of city,
county, regional, state, and federal agencies with environmental
responsibilities; a list of 59 local organizations concerned with
environment; and finally a list of environmental experts at local
and nearby universities.
The composition of the Initial Committee could be classified in a
number of ways. Classifying them by environmental advocacy, one source
who was interviewed during our field visit felt that only four members
could be considered environmentalists (i.e., had played an active
role in environmental organizations or had publicly expressed strong
environmental views). If classified according to "minority" status,
four were women, one was black, one was Chicano, and eleven were
white males. According to occupation, two were students, two were
associated with Universities, two were housewives, two were in the
construction or building industry, one was a small businessman, and
eight were professionals such as engineers, lawyers, physician, CPA,
architect.
*The low proportion of Planning Department "nominees" selected may be
interpreted as a sign that staff does not dominate the Council rather
than a sign of the political sensitivity of the task.
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Since the Committee was sworn in March 1, 1972, it was supposed to go out
of existence on September 1, 1972. But in August 1972, the Committee
requested an extension of its term, and the Council agreed, setting
June 30, 1973 as the deadline the Committee was to conclude its mission.
The Committee, despite its limited tenure under the enabling legislation,
began slowly. This might have been expected considering its broad
focus and its diverse membership which purposely contained both
environmentalists and representatives of the business interests. The
leadership style of the chairman, which stressed consensus, may also
have contributed to the slow start.
With the assistance of the 3 staff members from the Department of
Planning and Urban Development, the Committee distributed a questionnaire
to the various departments involved in the environment which asked them for
their: 1) accomplishments to date, 2) possible future improvements,
3) list of environmental problems, k) needs for research, 5) planning
strategies, 6) public information needs, and 7) general comments.
They also began receiving oral testimony from various department
heads.
The replies of the departments indicated a broad range of perceptions
on the city's environmental problems. There appeared to be a general
consensus among the respondents that their own department had accomplished
a great deal and did not need any additional help. This contributed
to a distrust of the information supplied by the city staff. A
number of the Committee members felt the departments were giving
"biased" responses in that they were self-protective as well as lacking
criticism of other departments. There was some reported resistance from
departments with some distrust for the role of the Planning Department
in this project.
The Committee also solicited the views of environmental activists in
Dallas as well as regional, State, and Federal agencies familiar with
the city's problems. They also sought information from 19 other cities
in the nation that they knew had utilized citizen environmental commissions.
The quantity and quality of the responses varied. For example, only
^8 of the 200-300 questionnaires to local groups were returned and
these varied from very general comments to some very detailed responses.
As part of their efforts to become informed, two public hearings were
held. The first was an afternoon meeting and the second (held a week
later) was an evening meeting. Speakers were limited to a five-minute
oral presentation before questioning, but no limit was placed on
the length of any written statements. The focus of the presentations
was on the major environmental problems of Dallas, and potential
solutions to them. Participation was low - only eleven appeared at the
first meeting and twenty-one at the second. It is not clear whether
this reflected contentment with the environment in Dallas, or merely
a lack of organized interest in the environment, suspicion of citizen
advisory groups, or poor organizational effort by the Committee (i.e.,
publicity, timing, and location of the hearings - e.g., one suggestion
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made subsequently by a Committee member was to hold the hearings in the
neighborhoods as the Planning Department has done on its Comprehensive
Plan Development rather than a single central location).
The Committee is currently in its final phase - preparing its report
for the City Council which was due June 30, 1973- A complete evaluation
of the Committee cannot be made until the report has been made and
reviewed by the Council.
Several alternative paths were suggested by the participants and
observers interviewed almost a year after the Committee began its work.
It has been noted that the recommended size for the Committee grew
from the Mayor's suggestion of eight, to a City Managers' staff
recommendation of "9, 11, or 15," to the eventual size of 17- Some
felt a city of Dallas' size needs a still larger committee; it might
be harder to manage, but it would provide a greater pool of talent from
which to draw the real workers, as well as enabling a greater division
of labor in the formation of subcommittees.
Some consideration was given to the term of office. A temporary
committee scheduled to go out of existence when its report was presented,
was the choice made. The arguments apparently raised included the amount
of structure already present in the fragmented field of environmental
management, and the cost, but there was also a fear that a permanent
body might be a continuing source of citizen pressure. Certainly the
originally prescribed six-month term of office was too brief to expect the
fulfillment of the broad charge given to the Committee.
The staff for the Committee came from the Planning Department. An
alternate source would be for the Committee to recruit its own staff.
Although this would be more likely to avoid the distrust of the staff
that arose in Dallas, it is also very time-consuming and is likely
to result in a staff that is not as intimately acquainted with the
machinery (formal and informal) of the City Hall political process.
Similarly, although an independent staff would eliminate any misper-
ceptions that the group was merely advising a single department rather
than the City Council, the same goal could be accomplished by using
the staff available to the City Council (i.e., the City Manager's staff).
The Committee's role was a source of concern. The Committee, at the
outset, seemed to want a role beyond merely recommending goals and
priorities. They recognized the political reality that how a program
is legislated and administered will have a greater impact on the
environment than a mere statement of policy objectives. Their fear of
only being window-dressing, and their distrust of staff that emerged from
their early experience may have contributed to it. The occasional
push from the Planning Department staff to endorse some of their previous
work (specifically their sign ordinance efforts), and their own con-
cerns for the environment (which led them to criticize the Council for
endorsing the Trinity River project before the EIS for it was released),
as well as a too-human tendency for ego-building may also have con-
tributed to their desire for a broader role.
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TRINITY RIVER AUTHORITY
A unique regional governmental body, the Trinity River Authority, was
created by the State of Texas to govern the development of the Trinity
River Basin. Today, the Basin includes 17,8^5 square miles of valley
that feed the Trinity River, 6.k% of Texas' land area, 20% of Texas'
population, and 251 of Texas' present economy. The conservation and
use of the water resources of the Trinity River Basin involve an
effective working partnership between the state's largest metropolitan
areas: Dallas-Ft. Worth and Houston.
Efforts to improve the Trinity River Basin go back to the l870's. In
recent decades, a major step forward occured in 1955, when the Texas
Legislature created the Trinity River Authority of Texas. The Authority,
known as TRA, was given three principal duties:
— to master plan the orderly development of the entire Basin's
soil and water resources.
—-to provide local participation in federal projects when
required by the Congress, as in the case of navigation and
flood control.
—to provide services to people within the TRA territory.
TRA is a state agency and a political subdivision of State government.
Its territory includes all or part of the 17 counties which are
adjacent to those reaches of the river which will be developed for
navigation. TRA is governed by a 2^-member Board of Directors appointed
by the Governor with the approval of the Senate. By law, 3 directors
are from Tarrant County, k from Dallas County, 1 from each of the
other 15 counties, and 2 are appointed at-large. The directors serve
6-year terms. Since TRA's creation, the Directors have declined
to accept the compensation and expenses to which they are entitled.
Since Its inception, the Trinity River Authority has been involved
in a variety of activities. For the purpose of this study, four
projects are analyzed: the development of a master plan, pollution
control program, the development of a Basin Water Quality Manage-
ment Plan, and the Trinity River Canal Project. In 1958, the TRA
completed a river basin master plan which was the first of its
kind in the United States. It was adopted>after 16 public hearings
held throughout the Basin,with these basic components:
--the multiple-purpose channel for navigation, flood control
and recreation.
--the construction of 49 major dams resulting in ^9 major
lakes for water supply, flood control and recreation.
--the construction of 5 more floodway and levee systems,
which will solve the flood problems in the cities.
The master plan adopted and enlarged upon the initial soil
conservation program by providing for more rural flood control dams
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to keep polluting silt out of the river. The crux of the rural flood
control program is the application of sound soil conservation
practices and land and range management programs to over 8,200,000 acres
of land in the upper Trinity.
The implementation of the major projects is providing many water-
oriented recreational opportunities for the growing populations
of both the Trinity River Basin and the Houston metropolitan area.
These opportuneties include boating, swimming, canoeing, sailing,
camping, picn'cking, or just the quiet enjoyment of beautiful
waterfront landscape made accessible through river improvement
programs.
After adoption of the master plan in 1958, TRA began implementing
the unfinished parts of the plan. By selling over $113 million
dollars of revenue bonds and by obtaining millions of dollars of
federal funds in the form of construction assistance, grants and
loans, TRA has achieved these results without any local taxes.
A second activity of TRA has been in water pollution control programs.
There are two types of pollution in the Trinity River: 1) algae caused
by the discharge of raw sewage or improperly treated effluent
from sewage treatment plants and other illegally discharged pollutants;
and, 2) silt caused by soil erosion. Before the creation of federal
and state pollution control agencies, the TRA master plan took aim
at the Trinity's pollution problem and initiated in Texas the
regional sewerage system concept as a positive solution to the
problem in urban areas. This concept is a workable alternative to
the contamination of these areas by numerous small sewage treatment
plants that are not economically operated nor properly maintained.
TRA's first step forward in cleaning up the Trinity was the Central
Sewerage System, which serves 11 cities. If this system had not
been built, over *»0 small plants would be scattered throughout this
area and the river would be more polluted than it is. Today this
one plant Is treating the sewage of those 11 cities and discharging
into the Trinity an effluent that meets the State's minimum standards.
Ultimately, it will be expanded to treat the sewage of over a million
people.
TRA's second step forward in cleaning up the Trinity River was the
construction of the Ten Mile Creek System, which now serves five
cities and which will ultimately treat the wastes of over 350,000
people. When this system became operational, seven small substandard
plants were eliminated. The effluent discharge of this plant is
of better quality than required by the State's minimum standards.
TRA's third step forward in cleaning up the Trinity was the construction
of the Walker-Calloway Branches outfall line project that eliminated
three more small, substandard plants.
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TRA's fourth step forward in keeping the Trinity clean was the
implementation of a septic tank control program along 460 miles of
shoreline at Lake Livingston. Percolation tests are used to deter-
mine if the land at a given point is suitable for the installation
of a septic tank system.
In 1972, TRA initiated a third activity, a basin-wide water quality
management study. This study, requiring some 18 months, will be the
basis for a water quality management program which will establish
the machinery for cleaning up the Trinity River and keeping it clean.
This $643,300 effort is being partially funded by the Environmental
Protection Agency at the level of $321,650. The Texas Water
Quality Board is providing $185,000 and the remaining portion of the
funds are coming from the Trinity River Authority and other local
sources. Special recognition should be given to local contributions
made by the Amon G. Carter Foundation which donated $25,000, the
Hoblitzer Foundation which donated $25,000, and the Trinity Improvement
Association which has contributed $50,000. Since receipt of grant
funds for the purpose of making this water quality management plan,
the management has employed several staff members whose work is
solely related to the development of this Basin Plan. These staff members
are currently engaged in various work activities in connection with
this Plan development.
The Basin Water Quality Management Plan involves the establishment of
the basin water quality goals and the water quality management plan
that will assure the accomplishment of these goals. A number of
tasks such as those listed below will provide the basis for this
Plan development.
1. Identify the available water resources of the basin.
2. Identify the water needs.
3. Identify the current and future waste loads.
k. Determine water quality standards for assuring various water
uses.
5. Determine the cost-effective plan for satisfying water
quality standards.
6. Recommend implementation schedule for construction of proposed
facilities.
7. Determine cost estimates for recommended pollution abatement
facilities.
8. Develop financial plan to provide funding needed for imple-
mentation of pollution abatement facilities.
9. Develop jurisdictional plan that will indicate implementation
and operation responsibilities.
10. Consider the environmental impact of the proposed Water
Quality Management Plan.
A fourth activity of TRA was the development of a multi-purpose
channel for flood control, economic growth, low cost transportation,
recreation, and preservation of natural areas. The project plans
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call for the construction of 16 channel dams and 20 locks and the
bypassing of 184 bows and bends to shorten the river's length from
5^8 to 363 miles. A shorter, straighter river is vital to both
flood control and navigation.
In June 1973, voters in the TRA were asked to approve the issuance of
$150,000,000 of river improvement tax bonds by the Trinity River
Authority and to ratify the power given the authority to levy an
ad valorem tax not to exceed 15$ per $100 of assessed valuation on
property within the boundaries of the Authority, which generally
constitutes the area of 17 counties which lie within the Trinity
River Watershed.
The $150,000,000 of funds from the sale of the bonds were used
to provide the non-federal participation on certain improvements to
the river basin authorized by the Congress in 1965 and for which the
Corps of Engineers since that date has invested approximately $7,619,000
in advance engineering and design work. President Nixon recommended
the expenditure of an additional $1,086,000 for this work in the coming
fiscal year. Although these Improvements are expected to be
funded for construction primarily with federal funds, there are
certain requirements for participation by non-federal public interests.
The Trinity River Authority has the responsibility for providing the
non-federal funds required on certain of these improvements, and with
the approaching completion of the advance engineering and design work
the time is at hand for the Authority to take those steps necessary
for providing its share of this financing. Current cost estimates for
these features are $1,351,100,000 of federal funds and $312,960,000
of non-federal funds. Of the non-federal funds required, more than
one-half can be funded by the Authority through financing other than
the use of tax supported bonds. Only $150,000,000 of tax supported
bonds will be required for use by the Authority in meeting the
requirements necessary to implement this program.
However, voters turned down the bonds for environmental reasons, and
thus, at least temporarily,ki1 led the project.
UPPER TRINITY RIVER BASIN COMPREHENSIVE SEWERAGE PLAN
In January 1969, the North Central Texas Council of Governments
(NCTCOG) contracted for a plan of a comprehensive sewerage system for
their region covering 10 counties. The study area, however, extended
beyond the boundaries of NCTCOG and focused upon the Upper Trinity
River Basin which included portions of an additional 11 counties.*
The area of the study covered 11,000 square miles which is larger than
several states and its 2.7 million population exceeds that of a number
of states.
"One of these counties has subsequently become a member of NCTCOG.
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The need for a comprehensive sewerage plan for the river basin can
best be demonstrated by pointing out that during the dry period, the
flow in the Upper Trinity River and its tributaries is more than 90%
treated effluent (or discharge) from existing sewage treatment plants.
In many parts of the river BOD (biochemical oxygen demand) levels
do not meet the standards established by the state and federal
governments.
Basically, the 18-month study recommended a limited consolidation into
6 joint systems and a gradual phasing out of the other kl sewage
treatment plants in Dallas and Tarrant Counties (the latter includes
Ft. Worth) and in portions of 7 other counties. The 6 systems are
currently in existence or under construction and are operated by 4
entities: Dallas, Ft. Worth, Trinity River Authority, and the cities
of Richardson and Garland (the latter to be operated by the North
Texas Municipal Water District).
Eighteen months later (December 1971) another consultant's report,
recommending a management and finance program for the system,was
submitted and approved by the Executive Board of NCTCOG. The 6
joint systems would be established and operational relationships
stipulated through the North Central Texas Regional Water Quality
compact which would be drafted by officials of the affected cities and
the joint systems operators. The compact would spell out the duties
and responsibilities of the various levels of government involved, in-
cluding NCTCOG1s 21 member Water Development Council , and would
provide overall guidance and direction for the Regional Sewerage
Plan. The 21 member Council would be composed of 6 representatives
from the two Dallas systems (3 selected by the operators, and 3
nominated by the System Customer Council with confirmation of the
system operator) , 4 from the Ft. Worth system (2 operators and 2
customers), 3 from the other systems (1 operator and 2 customers);
these 17 members plus k from the region at-large would be appointed
by the Executive Board of NCTCOG.
Of major interest to the non-Texas reader may be the organizational
form recommended and the alternative forms considered and rejected by
the consultant firm hired to develop the Management and Finance
Program for the Comprehensive Sewerage Plan. The report written by
Peat, Marwick, Mitchell and Company and published in December 1971
lists a number of advantages and disadvantages of the various
alternatives, and the remainder of this section is drawn primarily
from that report: Upper Trinity River Basin Comprehensive Sewerage
Plan: Management and Finance Program (Volume 3)-
The 8 organizational forms considered were:
1. Private corporation
2. Coordinated joint systems
3. County system
A. Coordinated joint systems with regional finance
5. Centralized administration and contract sewerage operations
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6. Regional single-purpose authority
7. Regional multi-purpose authority
8. Regional multi-purpose government
The report lists a number of criteria or value judgments upon which
the alternatives were measured and evaluated. Several of the criteria
are broad and general enough so that they are of limited utility
in differentiating between the alternative organizational forms —
for example, the first criterion mentioned by the report—or are not
related to the organizational principle but rather to the subsequent
detailed arrangements — such as the sixth or seventh criterion.
The criteria are:
1. Assure adherence to federal and state water quality standards
2. Facilitate comprehensive planning for water quality and
provide planning interface with other regional functions
3. Respond to the will of the people
A. Control the organization locally
5. Utilize an existing governmental entity
6. Establish a definite purpose and set of objectives
7- Assign authority commensurate with responsibility
8. Require a minimum of legislative change or action
9- Respond to change as appropriate
The analysis of the advantages and disadvantages of each organizational
form was not restricted to this list; nor did it refer to all of
the criteria on the list—only k of these value statements appear
to differentiate the various alternatives (2nd, 3rd, 5th, and
8th: facilitate comprehensive planning, respond to the will of
the people, utilize existing governmental entities, and require
a minimum of legislative action).
1. Private corporation. The major advantage cited by the consultant's
report was that this option represented free enterprise activity,
and in addition it would be free of the financial and personnel
restraints placed on governments (i.e., no debt or bonding limitations,
and no civil service regulations). Financially, it would mean that
no governmental agency had to be concerned about financing.
But on the other hand, private corporations were unlikely to be able
to raise the large amount of capital necessary to build the expanded
facilities; in addition, it would have to pay higher costs for the
capital because of its non-tax exempt financing status. The most
serious disadvantages, however, appear to be the lack of responsiveness
to the will of the people and the difficulty of coordinating this
private effort with other areas of comprehensive planning.
2. Coordinated joint systems. This was the option recommended by
the report. Its major advantages were that little or no change from
current structural conditions (organizational or financial) were
needed, and that the systems could still operate independently and
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at the will of their respective governing boards (i.e., "no
regional 'super1 government would be required"--nor any additional
entity, for that matter).
In addition, several financial advantages of this organizational
arrangement were noted: lower interest rates because of their use
of tax-exempt bonds and because they would enjoy higher bond ratings
due to their past history of successful operation.
But the consultants listed several disadvantages. This organizational
option would require increased coordination since four separate
entities would have the responsibility for operation. Second,
regional comprehensive planning and development would be inhibited
since compliance would be dependent upon the willingness and cooperation
of the entities. Third, since there would be four separate operating
entities, the burden of enforcement of water quality standards (which
would be the responsibility of regional authorities) would be increased.
Fourth, additional legislation would be necessary to absorb or serve
the cities currently served by the kl plants to be phased out, as
well as to increase the authority of NCTCOG and its Water Development
Council to implement the plan.
The separate financial structures also created disadvantages. The
separate entities may have varying needs for capital for expansion,
as well as varying costs to acquire that capital, resulting in rates
for service varying throughout the region.
3- County systems. If each county were to operate its own systems,
then no new governmental entity would be required, and there would
be uniformity of service and rates throughout the county. In
addition, the county's tax-exempt status and financial strength would
result in lower interest rates.
On the other hand, coordination between the counties and with the
rest of the region would still be needed. This was reinforced by
the report's comment that drainage basins do not follow county lines.
In addition, the counties lacked the experience of operating large
and complex sewerage systems. Additional legislation would be needed
to permit the counties to serve areas outside of its jurisdiction.
k. Coordinated joint systems with regional financing. This organization-
al arrangement involves a regional administrative authority with
policy-making and financial functions supervising contracts with
the current operator of the sewerage systems. This would have the
advantage of having planning accomplished at the regional level, while
not requiring extensive changes in organization since the current
entities would continue to operate the systems under contract.
The financial disadvantages of the recommended system--!,e. , differing
rates—would be overcome; the outstanding debt acquired could be
prorated to all participants, and cost allocations could be simplified.
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This arrangement still permits the use of lower interest bearing
tax-exempt municipal bonds. In addition, the regional concept meets
EPA and HUD guidelines for grants to finance construction. Its
larger size would facilitate use of revenue bonds, and with federal
grants would reduce the need for tax bond considerations with their
referendum requirements and debt 1 imitations--!.e., taxing power
would not be mandatory. In addition, regional pooling of revenue
would create greater financial flexibility through better investment
opportunities for idle funds as well as facilitating "pay-as-you-go"
financing. These advantages of regional financing were repeated for
each of the alternatives subsequently described.
But this system did have disadvantages. The fragmentation associated
with four different operators still required continual coordination.
New legislation would be needed either to create a new regional
authority, or to expand NCTCOG's authority to include financing.
And a complex system of accounting and reporting might be needed in
order to satisfy the needs of the authority and the separate operating
entities. Regional bodies usually have less favorable bond ratings
(and hence must pay higher interest rates) because their bond ratings
are dependent upon the bond ratings of the individual cities contract-
ing for services from them, and because they usually lack operating
experience. This disadvantage associated with the financial structure
of regional organizations was repeated for each of the regional
alternatives subsequently considered by the consultants.
5. Centralized administration and contract sewerage operations. The
major advantages listed by the consultant's report for this organization-
al arrangement is that regional planning is made possible, through
the centralized regional authority, and coordination of activities
is made possible through a contract with a single entity for the
operation of the entire system. The financial advantages of a
regional authority noted above were repeated.
The selection of the single entity to operate the entire system was
cited as a difficult political question and a major disadvantage of
this alternative. In addition, it was argued, the amount of effort
necessary to coordinate the sewer systems with other regional functions
"could be unjustified and more costly," especially since the regional
authority's control over the sewerage system would be limited by
the terms of the contract. The use of a contract was also seen as
a limitation upon the ability of the people to influence the operation
of the system. But the recommended system (coordinated joint systems)
with its appointed Water Development Council was not criticized for
any inability of the people to influence the operation of the system.
Another new argument was raised by the report at this point: since
one of the existing operators would be awarded the contract for the
entire system, it might serve its own residents better and neglect
outlying regional customers. The report also listed the need for
legislative changes to broaden the existing regional organization and
the financial disadvantage resulting from the regional authority's
lack of operating experience.
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6. Regional single-purpose authority. A regional authority--
whether it was a single-purpose authority (considered here), or
a multi-purpose authority (see 7, below), or a multi-purpose
government (see 8, below), was viewed as having several advantages.
First, there would be coordinated regional management of the sewerage
system. Second, there would be improved service to its customers
because of increased efficiency, uniform handling of service calls,
better control of engineering standards for connecting services, and
tighter control on industrial users. Although one may argue that
these improvements are more likely when there is a single operator, it
is interesting to note this advantage was not cited for the single
operating contract discussed above (i.e., In 5. "Centralized
administration and contract sewerage operations"), nor is it unlikely
to occur in the recommended system (I.e., 2. "Coordinated joint
systems"), where it was not mentioned either. A single system
was also seen as resulting in decreased administrative costs
(although it was not mentioned as an advantage of a single contractor,
nor as a disadvantage of the recommended system relying on four
separate operating entities). To remind our reader, the financial
advantages of regionalism noted above were cited here too.
The disadvantages of a single-purpose regional organization were seen
as: the creation of a new governmental entity, the requirement of a new
legislation, and the removal of control from local governmental juris-
dictions. The financial disadvantage of regionalism in general was
noted here too.
7. Regional multi-purpose authority. In addition to the three advantages
of a regional single-purpose authority noted above, (coordinated regional
management, improved service, decreased administrative costs), the
greatest advantage for this organizational arrangement was that such a
group already exists in the region--!.e., the Trinity River Authority—
and no new entities or levels of government would be required. Financial
advantages (and disadvantages) of regionalism were noted.
The disadvantages of the alternative were described as follows: (p. IV-17)
The major disadvantages are highlighted in that (l) local
citizens may feel that they would have little, if any. voice in
the operation of the system and (2) no coordination would be
required with other regional functions. The authority concept
would utilize an appointed board and serve customers through
contracts, local officials and citizens might perceive that the
authority might not be responsive to their requests.
8. Regional multi-purpose government. A regional government would be
able to coordinate sewerage with other governmental functions, while the
accomplishments of improved service and reduced administrative costs
(and coordination of sewerage systems management - although this was
omitted from the report) would still occur.
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Financial advantages and disadvantages are as noted in the previous
sections on regional alternatives.
The disadvantages listed for a regional multi-purpose government are
the same as for single-purpose regional authority (number 6 above):
it would require an additional governmental entity, new legislation,
and remove control from local government jurisdiction.
The consultant's report went on to discuss various alternate financial
methods and cost allocation formulas, but these will not be discussed
in this field report. The report concluded with a listing of factors
that would be necessary in trying to gain the support of local and
regional bodies. These were: (1) awareness of the problem, (2)
acceptance of the regional plan, (3) leadership, (^) cooperation,
(5) general concern for the water quality of the region, (6) cost
effectiveness, and (7) interest in continued development of the Trinity
River.
Ecological Study
One of the accomplishments that the Planning Department points to with
pride is its sponsorship and participation in an ecological study of
the Dallas County area. When the task of reviewing Environmental Impact
Statements was assigned to the Planning Department, it quickly became
evident to them that they had no data bank from which to draw estimates
of the environmental impacts of proposed projects.
Their subsequent budget included $25,000 for a study for an ecological
data bank. However, when they contacted several environmental consultants,
their estimates for an appropriate study design ran from $200,000 to
$300,000. However, another consultant, who had directed a routing study
for Wisconsin Power and Light Company which involved displaying ecological
data on maps, agreed to do the study for the budgeted sum, providing
the Planning Department did the data source search and coding (under
the supervision of the consultant). The consultant would also be
responsible for interpreting infrared maps, the modelling of tolerance
levels, and the programming necessary to display the data on maps.
The staff met with a panel of local environmental experts in a day-long
seminar. These local experts identified critical data elements,
weighed their relative significance, and provided information on where
to find the data. One important reason why the project could be completed
within the cost restraints was that much of the data had been collected
already by other agencies and the study had merely to code it for its
own use. Virtually all of the data were from secondary sources, although
some field visits were made to collect some data. Important sources for
information included United States Geological Service maps, infrared
mapping from the National Aeronautics and Space Administration, Corps
of Engineers, Soil Conservation Service, Dallas Geological Society, and
local experts.
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Criteria were developed for the selection of variables to be included.
These included:
1. Enable spatial relationship of information.
2. Enable recording of information for future use in impact
quantification.
3. Enable value judgements to be placed upon systems and their
sub-uni ts.
k. Allow for the up-dating of the stored information.
5. Allow for the analysis of information for multi-purpose planning.
6. Be feasible from an economic and time standpoint.
7. Enable in-house capability for carrying on the planning process.
8. Enable transfer of programs and methodology for on-going in-
house operation.
9. Provide the complexity of data appropriate to the level of
decision-making required.
Data was collected on 32 natural resource variables and 3 measures
of urbanization. The natural resources were part of 5 eco-systems;
there were 5 zoological characteristics (e.g., Pileated Woodpecker
habitat, complex wiIdlife areas), 10 botanical characteristics (e.g.,
unique botanical areas, natural and man-made marsh), 1*» hydromorphic
characteristics (e.g., flood plains, watersheds), 1 edaphic character-
istic (i.e., 9 soil associations), and 2 geomorphic characteristics
(i.e., 7 surface geology types, and fault lines). See Addendum c
for the complete list of variables for which data was collected. In
addition to the individual variables, maps were also generated from
them for 6 eco-systems (hydromorphic was subdivided into surface
and sub-surface), and for 2 broader systems--the biotic (i.e.,
botanical and zoological) and abiotic. A number of other maps were also
generated and will be discussed later.
The data on these variables were collected for 10,000 grids or cells.
Although this seems large, it must be noted that the study area (Dallas
County) was 900 square miles. The result is that each cell contained
61.8 acres—or to put it another way, each cell was 1/3 mile in length.
This relatively large size was deemed appropriate, considering the
scale of the data source maps and hence the efficiency of delineating
and extracting the data, and the level of decision-making requiring
the data to be collected. Despite the assurance that quite a few
developments in Dallas exceed 62 acres, it seems that cells of such a
large size limit the utility of the project.
Once the data were collected, and interpreted and delineated (i.e.,
to fit the grid scale of the study), patterns were extracted (i.e.,
either the predominant pattern for a resource in a cell was noted, or the
proportion of the cell covered by the resource was calculated). The
next step was to code these data; a numerical code was used on OCR
(Optical Scanner Reader) forms. (The equipment used for the project
included: one IBM 370 OS VS1, five IBM 2^02 Tape Drives, one IBM
Printer, three IBM 2319 Disc Storage Devices, one IBM 25^0 Card Reader
Punch, and one IBM 1287 Optical Character Scanner.) The final step
of the process involved producing maps for each of the variables. See
Addendum d for sample maps.
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In addition to indicating the predominance and location of these
natural resources, a major element of the program is to indicate
the sensitivity of these resource patterns to human impact. The con-
sultant was responsible for the modeling that resulted in these estimates
of tolerance, although judgments for some of the component factors were
often made by the local experts. These maps of resource tolerance
could then be combined under a variety of conditions or value assumptions.
For instance, a map was produced which assumed that the preservation
of each eco-system was of equal importance and hence indicated the
tolerance of the area for development or human impact; a second map
merely showed the areas where there was a multiplicity of ecological
subsystems rather than their degree of tolerance; a third map assumed
that the biotic component was twice as important as other components
(they noted that the biotic community was easier to identify and observe,
and therefore could serve as a valuable indicator of the changes
occurring in the ecological environment). A fourth map utilized the
urbanization data and therefore suggested (when combined with other
data from the study) which areas were suitable for urban development.
The ecology project, according to the report prepared by the con-
sultant entitled Dallas Eco-Study, was viewed as performing three basic
functions: (1) It identified, quantified, and mapped the extent and
location of 32 natural resources that are part of the Dallas County
ecological system, (2) it stored and displayed the data on the relative
tolerance of the ecological systems to human impacts, and (3) it
provided a mechanism for the development of models to evaluate the
impact of projects on natural resources.
A number of other functions or uses of the study could be noted, too:
1. Several members of the Planning Department now have an intimate
knowledge of the ecological environment of the Dallas area
by virtue of the in-house effort devoted to the project by
the Planning Department—two men worked virtually full-time
on the project for a year, and another two were involved for
8 months, for a total of 40 man-months.
2. The Planning Department has developed its skills, by its
participation on the project, so that it can carry out much
of the program envisioned for Phase II or even later develop-
ments; Phase II includes expanding the system to include so-
called "cultural" variables such as census data, historic
landmarks, land use, and land values; subsequent phases may
involve updating the data, or even revising them for a smaller
grid system.
3. A mechanism has been developed that may be useful in monitoring
the degradation of the ecological environment--or more
optimistically, the protection or enhancement of this portion
of man's environment.
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The results of the project may be useful for studies of
general routing (e.g., regional transit) or siting of public
facilities. But it must be noted that specific or detailed
planning or evaluation cannot be done because of the large
size of each cell (approximately 62 acres).
An instrument has been developed that will prove useful as
an environmental education tool—e.g., its role as part of the
environment curriculum to be developed for Dallas schools on
an experimental basis under a recent grant from the Department
of Health, Education, and Welfare.
It has served as a vehicle for enlisting community participation.
In addition to the efforts of the consultant and the Planning
Department staff, approximately 25 volunteers in groups of
three to four worked twice a week for six months (or approximate-
ly 2-3 man-months of effort) coding the data.
Environmental Quality Standards and Enforcement
In discussing environmental quality standards and associated enforce-
ment processes, a logical starting point would be to analyze the state
agencies and their role, followed by an analysis of Dallas' activities.
The focus here is on air and water pollution.
In 1965, the State of Texas created the Texas Air Control Board as a
semi-autonomous arm of the State Department of Health. The governor
appoints a nine member Board, including an engineer, a licensed physician,
a representative from industry, a municipal government representative,
an agricultural engineer, and the remaining four from the general public.
A primary goal of the Board is the development of a general plan for
the control of air pollution by adopting and promulgating rules and
regulations governing air pollution. In addition, it directs the
activities of the Texas Air Control Program, administered by the State
Department of Health, and includes investigating possible sources of
air pollutfon, holding hearings on complaints for litigation through
the Attorney General's Office, and seeking compliance with its regulations.
The Board has established a standard for particulate matter at 55
micrograms/cubic meter, as compared with the federal primary (the level
at which human health is affected) and secondary (the level at which
effects are felt on "human welfare values") standards of 75 micrograms/
cubic meter and 60 micrograms/cubic meter. The State Board operates
regional offices in cities without air pollution program, and this is
especially the case with the suburbs in Dallas County.
In the City of Dallas, the Air Pollution Division, of the Health Depart-
ment was created in 1966. In 1968, the city council adopted an ordinance
for the initiation of an enforcement program. At the present time,
the Air Pollution Control Section has 2k permanent employees, with
twelve of these being added during the last eighteen months. Those
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employees involved in enforcement process go every six months for train-
ing programs and examination by the Texas Air Pollution Control Board.
The Air Pollution Control Section has an operating budget of $269,000
with 50% of the revenues from the City's general fund and the remain-
ing 50% from a federal grant. For the purpose of this discussion, the
functions will be artifically divided into monitoring and enforcement
activities. The monitoring is generally conducted on a routine sight
inspection or surveillance. If a question does arise, a sample is
collected and tested in the laboratory for elements other than hydrocarbons.
For monitoring purposes the City is divided into five sections with
two inspection teams conducting the inspection. In addition, the Section
monitors the overall air quality and issues warnings, if necessary, as
well as 24-hour forecasts. The air pollution index combines two factors
(particulate matter and NC^) into a numerical scale:
0-30 Light
31-60 Moderate
61-90 Heavy
91 - 100 Severe
100 above Alert
It should be pointed out that 85-90% of the air pollution is caused by
the automobile, but the Section does not get involved at all in auto
emission standards and enforcement.
The enforcement function of the Section is oriented toward close
cooperation between government and industry. If voluntary compliance
is not achieved after continual surveillance, the Section has taken
industries violating the air quality standard to court. At the present
time, there have been 18 convictions with fines of generally $100,
four cases were dismissed, and two cases are presently in the district
courts. The fines while not significant in terms of monetary value,
have been made. It is estimated that since 1966, industry in Dallas
has spent $2.5 million for equipment and an equal amount for maintenance
and operation of air pollution control systems. The Air Pollution
Control Section points out that the annual mean level of particulate
matter has declined from 106 micrograms/cubic meter in 1967-1968
to 78 micrograms/cubic meter in 1970-1971- At the present time, there
is minimal information regarding gaseous pollutants.
In 1967, the State of Texas passed the Texas Water Quality Act,
succeeding the Texas Water Pollution Control Board. The Water Quality
Act outlines a statewide control system to coordinate all water quality
control programs of various state agencies and local governments with
those of the Federal government. The Water Quality Board requires cities
over 5,000 to have a water quality surveillance program with a laboratory
and the development of a plan describing what the city can do and is
doing regarding the problem of surface runoff. In addition, the Board
does maintain regional offices.
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The City of Dallas has had an industrial waste ordinance since 1958
and is in the process of upgrading the industrial waste standards in
keeping with federal guidelines. These new standards are aimed at
better pre-treatment by industry and reclamation of some materials
that would otherwise reach downstream. The primary sources of water
pollution are:
--industrial wastes
— insufficiently treated sanitary sewage
--insufficiently treated storm sewage
--septic tank overflow
--agricultural runoff conaining chemical fertilizers and pesticides
The Water Department is responsible for industrial waste water dis-
charges.
In addition, there is the Water Quality Surveillance Program adminis-
tered by the Water Quality Section of the Health Department. The Water
Quality Section has a staff of twelve persons, five of which are
responsible for discharges into creeks and storm drains and for monitor-
ing discharges under permits from the Texas Water Quality Board. The
enforcement programs have stressed cooperation. Dallas has little
heavy industry except for concrete and cement manufacturing firms. Out
of some two hundred cases, one or two have been referred to the Texas
Water Quality Board with accompanying threats of legal action. At
the present time, no cases have been taken to court.
Water Reclamation Research Center
As an integral part of their waste water program, the City of Dallas has
established the Water Reclamation Research Center to conduct research
on a possible prototype, advanced waste water treatment facility. The
idea started in 19&5 when it became evident that at some future date,
Dallas might be forced to reuse its water resources. By 1967, a plan
was finalized and application to the Federal Water Quality Office for
federal assistance was made. The purposes of the Research Center was
to develop design criteria and construction programming to upgrade
plant effluent. The demonstration plant consisted of a building to house
instrumentation, chemical feeding equipment, and filtration units. In
addition, the facility included:
--two aeration basins and a final settling basin for studying
the activated sludge process
—a solid contact upflow basin for studying coagulation and
clarification
--a chlorine contact basin for studying disinfection of the
waste water.
The plan proposed the study of the following items:
288
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--lime assisted phosphate precipitation followed by activated
sludge treatment and filtration
—activated sludge treatment with and without sedimentation
followed by coagulation and lime-assisted phosphate precipi-
tation and filtration
--phosphate removal by activated sludge
—combinations of trickling filters with activated sludge
treatment.
Construction on the Research Center began in 1969 and was completed in
April 1970. For two years a rigorous research program was under-
taken in cooperation with Texas A £ M University which resulted in $8%
removal of BOD and suspended solids. The program for the pilot demon-
stration plant cost $850,000 of which 5&% was from the federal grant
and kb% local funds. The accompanying research laboratory also cost
approximately $850,000 with 65% of the funds from federal grants
and 35% from local funds. By June 1972, the Research Center had success-
fully completed its research on the removal of BOD and suspended solids.
To continue research design for water resource reuse, the Research
Center is presently engaged in viral research, an area where little
is known on the effect of waste water treatment on viruses.
SUMMARY
The City of Dallas does not appear to have as severe environmental
problems as other major urban centers. Its geographical location,
natural environment, and clean industries aid programs in improving
environmental quality. Dallas and its regional governmental bodies
have developed many diverse environmental programs for environmental
management. The development of an ecosystem inventory is a major innovation
which could be followed by other municipalities. The research effort
on waste water treatment could help municipalities faced with similar
water resource problems.
289
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ADDENDUM a.
ORDINANCE NO. 13113
An Ordinance amending Section 35-66 of Article VIM of Chapter 35
(Dallas Plumbing Code) of the I960 Revised Code of Civil and Criminal
Ordinances of the City of Dallas, Texas; Providing for the regulation
of the discharge of Industrial wastes and domestic sewage; Providing for
a Savings Clause; Providing for a fine not to exceed Two Hundred Dollars
($200.00); and, Providing for an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That Section 35-66 of Article VIM of Chapter 35 of the
I960 Revised Code of Civil and Criminal Ordinances of the City of
Dallas, Texas, is hereby amended so as to hereafter read as follows:
"Section 35-66. Industrial Wastes. All industrial wastes or
domestic sewage being discharged to a storm drain, storm sewer,
drainage ditch, or water course within the city limits of the
City of Dallas shall discharge to and be connected with the
sanitary sewer system of the City of Dallas. Any exception to
the above will be with the approval of the Director of Public
Works, and the Director of Public Health, and with the permission
of the Texas Water Quality Board to discharge such industrial
waste to a storm drain, storm sewer, drainage ditch, or water
course within the city limits of the City of Dallas.
Wastes which are detrimental to the public sewer system or are
detrimental to the functioning of the sewage treatment plan, shall
be treated as provided in Section 35-102 or as may be required
to comply with other wastes that are prohibited in whole or in
part as is specifically detailed in Section 49-100 of Article III
of Chapter 49 of the Revised Code of Civil and Criminal Ordinances
of the City of Dallas, Texas."
SECTION 2. That Chapter 35 (Dallas Plumbing Code) of the I960
Revised Code of Civil and Criminal Ordinances of the City of Dallas,
Texas, as heretofore amended, save and except as amended herein, shall
remain in full force and effect.
SECTION 3. That this Ordinance shall become effective immediately upon
its passage and final publication in accordance with the provisions of
the Charter of the City of Dallas, and it is accordingly so ordained.
APPROVED AS TO FORM: Passed: November 2, 1970
Correctly Enrolled: November 2, 1970
N. ALEX BICKLEY, CITY ATTORNEY ATTEST: Harold G. Shank
City Secretary
By: David W. HowelI
Assistant City Attorney
290
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ADDENDUM
ORDINANCE NO. 13^89
An Ordinance creating the COMMITTEE ON ENVIRONMENTAL QUALITY;
providing a term for which the Committee shall exist; providing a staff
to assist the Committee; generally prescribing the scope and purposes
of its activities; providing for a report and recommendations to the
City Council; repealing Ordinance No. 13386; and providing an effective
date.
WHEREAS, in its report to the City Council, the Committee to Study the
Feasibility of Creating an Environmental Quality Board for the City
of Dallas, as a result of its deliberations, has recommended the
establishment of a committee on environmental quality; and
WHEREAS, a broad policy framework is needed to guide City Departments
and officials toward coordinated action to assist in solving the
problems of air, water and noise pollution; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. CREATION OF THE COMMITTEE ON ENVIRONMENTAL QUALITY. There
is hereby created a committee to be known as the COMMITTEE ON ENVIRON-
MENTAL QUALITY, hereinafter called "the Committee", which shall be
an advisory body and shall be composed of seventeen members, including
a Chairman, Vice Chairman, and fifteen other members; the Chairman, Vice
Chairman and members to be appointed by the City Council. The members
shall serve without pay and shall adopt such rules and regulations as
they may deem best for the governing of their actions, proceedings and
deliberations and shall set the time and place of their meetings.
The members of the Committee shall be citizens of the City and shall
be selected from among the following groups: Architects, planners,
landscape architects, engineers, medical societies, home builders,
real estate, professionals, industry, environmental organizations, League
of Women Voters, American Association of University Women, high
school students, college students and others that the City Council
shall determine.
SECTION 2. TERM OF SERVICE. The members of the Committee shall serve
for a term to expire s ix (6) months from the date of the swearing in of
a majority of the Committee, at which time the Committee shall have
completed its assignment and shall present a report and briefing to
the Council. The City Council may, by resolution, extend the term of
the members of the Committee beyond said date upon a determination
of the necessity for such extension.
291
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SECTION 3. STAFF. The Committee shall be aided in its work by the
staff of the City Manager's Office and by the staffs of appropriate
Departments of the City.
SECTION 4. SCOPE OF ACTIVITIES. The purposes, aims and scope of the
activities of the Committee herein created, shall be generally the
development and submission of a recommended City-wide environmental
policy, with consideration of specific categories and environmental con-
cerns including, water (pollution and thermal condition) quality, air
pollution (including dust, odor and equipment emissions), noise
pollution, visual pollution, open space, land use, population, and
solid waste pollution. The pursuit of such assignment by the Committee
shall involve the following:
(1) Assessment of environmental preservation action and
improvements accomplished or in progress.
(2) Identification of instances where environmental improvements
can be made.
(3) Inventory and documentation of community environmental
problems, ranking them in order of severity of effects
on residents.
(4) Identification of needs for the following:
(a) Research, experimentation and expanded special
environmental projects;
(b) Planning strategies;
(c) Programs for public information.
(5) Definition of an appropriate City role in the solution of
environmental problems.
(6) Submission of recommendations for new and revised ordinances
and regulations for environmental improvements.
(7) Development of recommended changes in City procedures,
programs, or activities that contribute to the solution
of our environmental problems.
(8) Suggestions as to means of creating an awareness of
environmental problems throughout the community.
(9) Identification of opportunities for community cooperation,
interagency cooperation and intergovernmental cooperation
in programs to improve the environment.
(10) Such other related matters that the Committee deems of
benefit to the City Council in attacking the environmental
problems of the City.
SECTION 5- REPORT. The Committee, in its advisory capacity, shall make
its report and recommendation in writing to the City Council six months
from the date of the swearing in of a majority of the Committee, unless
such deadline is extended by resolution from the City Council.
292
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SECTION 6. REPEAL OF ORDINANCE NO. 13386. That Ordinance No. 13386,
passed by the City Council on September 27, 1971, is hereby expressly
repealed; provided that all appointments made by the City Council under
said Ordinance shall constitute valid appointments hereunder.
SECTION 7. ORDINANCE NOT TO BE CODIFIED. Since this Committee is
of a temporary nature, this Ordinance shall not be codified as a
part of the I960 Revised Code of Civil and Criminal Ordinances of the
City of Dal las.
SECTION 8. EFFECTIVE DATE. That this Ordinance shall take effect
immediately from and after its passage in accordance with the provisions
of the Charter of the City of Dallas and it is accordingly so ordained.
APPROVED AS TO FORM: Passed: January 3, 1972
N. ALEX BICKLEY, CITY ATTORNEY Correctly Enrolled: January 3, 1972
ATTEST: Harold G. Shank
By: ANALESLIE MUNCY City Secretary
ASSISTANT CITY ATTORNEY
293
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ADDENDUM c
ECOLOGICAL STUDY NATURAL RESOURCE VARIABLES
CULTURAL CHARACTERISTICS (3)
020 Urbanized Area 1959
021 Urban Growth 1959-68
025 Urbanized Area 1970
ZOOLOGICAL CHARACTERISTICS (5)
100 Rookery
101 Pileated Woodpecker Habitat
102 Black Capped Vireo Habitat
103 Trinity River Floodplain
lO't Complex Wildlife Areas (generated)
BOTANICAL CHARACTERISTICS (10)
150 Unique Botanical Areas
151 Cedar Break
152 Upland Forst
153 Lowland Forest/Gulches, Gullies, & Small Streams
151* Black Prairie (generated)
155 Marsh (Natural)
156 Aquatic (Natural)
157 Marsh (Man-Made)
158 Aquatic (Man-Made)
159 Lowland Forests/Flood Plain
294
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HYDROMORPHIC CHARACTERISTICS (1*0
250 Watersheds
251 Lake
252 Pond
253 River
25*t Stream
255 Intermittent Stream
256 Intermittent Lake
257 Intermittent Pond
260 Flood Plains
261 Flooded Area Dependent upon Pumps
262 Aquifer: Woodbine Sand
263 Aquifer: Paluxy Sand
26^ Aquifer: Basal Trinity Sand
265 Aquifer: Woodbine Recharge Area
EDAPHIC CHARACTERISTICS (l)
300 Soil Associations
GEOMORPHIC CHARACTERISTICS (2)
350 Surface Geology
351 Faults
295
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ECOLdGICAL
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DALLAS CCOCOCICAL STUDY
P1LEATED WOODPECKER HABITAT
FIGURE 32 ZOOLOGICAL CHARACTERISTIC: PILEA.TED WOODPECKER HABITAT
296
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ECOLOGICAL STUDY SAMPLE MAPS
ADDENDUM d.
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FIGURE 44
RELATIVE TOLERANCE OF HYDROMORPHIC SUBSYSTEM - SUBSURFACE (604)
297
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APPENDIX 3
REPORT ON THE FIELD TRIP TO INGLEWOOD, CALIFORNIA
Introduction
Inglewood is a city of 90,000 population concentrated in 8.85 square
miles. It is one of seventy-seven cities in Los Angeles County, and
much of the city lies in the landing approach to one of the world's
busiest airports (Los Angeles International). It was incorporated
in 1908 and there are a number of homes that date to that era. Its
government is a counci1-manager system.
Each of these characteristics affects the nature of its environment
or the strategies and organization adopted to manage it. The city
manager is a dynamic leader and a major source of policy innovation.
Innovation, generally, is not hampered by a lack of home rule;
"...by general law [California] grants all cities a greater range of
authority than many other states allow their municipalities even under
home rule.... The classification of cities into 'general-law1 and
'home-rule' (or 'charter') categories consequently loses most of its
significance in this state."* The city's age has meant it contains a
number of older houses ready for destruction, and because of the
economics of housing it has seen large areas rezoned for apartments.
Its proximity to Los Angeles' ghetto has led to an interplay of the
issues of growth and race. Its proximity to Los Angeles' airport has
made noise pollution its major environmental problem and a high priority
political issue. Being only one city in a very large metropolitan area
means It has little control over its environment. Inglewood's decision
makers have no control over major sources of pollution which are ex-
ternal to its city limits, and even some local sources of pollution are
the responsibility of other units of government. For example, air
pollution in the Los Angeles Air Basin is the responsibility of the Air
Pollution Control District rather than the individual cities' responsi-
bility. In addition, the economic interdependence of a metropolitan are;
means that local businesses are frequently owned by non-residents and
that residents usually work outside the city limits, resulting in a com-
plex pattern of political identification, which is compounded by meager
media coverage of local government other than Los Angeles'. One conse-
quence of this is that local units of environmental interest groups are
organized to play an active role at the metropolitan level rather than
in the individual suburbs. Its population density suggests a fully
*Henry A. Turner and John A. Vieg, The Government and Politics of
California (New York:McGraw-Hi11 Book Company, 196^), pp. 203-0*1.
298
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developed city with relatively little open space available for public
recreation (when city fathers proudly point to planters and "open-
space" on the third floor of its Civic Center as one of its parks, one
can easily understand that Inglewood is far from typical.)
This report covers Inglewood's environmental program. First it
examines their program in noise pollution which includes a program of
legal suits, and a set of standards and machinery to monitor and en-
force them, as well as a number of other activities. Then it reports
on Inglewood's use of the Environmental Impact Statement process for
both public and private projects. A third area of attention is the
Property Maintenance Program which Inglewood considers part of its
environmental management strategy because it is geared to impede de-
terioration and therefore to improve aesthetics while obviating the
need for some urban redevelopment projects. Finally, the report
briefly examines the organizational arrangement used to manage the
envi ronment.
NOISE
Inglewood's concern with the environment as a policy issue began with
the aircraft noise problem. Its concern soon expanded to include
other sources of noise pollution. It then developed still further
until it included the other traditional aspects of the physical envi-
ronment. Eventually environment as a policy was integrated with other
social policy issues.
The noise problem for Inglewood, which is adjacent to Los Angeles
International Airport, had increased with the almost exclusive use of
jets and with the great growth of air travel that marked the 1960's.
Although the aircraft noise problem was obvious to anyone walking the
streets of Inglewood, it manifested itself as a serious political prob-
lem at several neighborhood meetings held during the first month of
service of the new City Manager (April 1968). Threats of political
action against City Council incumbents running in the forthcoming elec-
tion made it evident that an immediate program of action was necessary.
An internal staff investigation was initiated by the City Manager, a
former pilot, and the City Attorney (who also came into office in
April 1968) and encouraged by the Mayor, who was also a former pilot.
It proceeded while an acoustical consultant hired by the previous City
Manager prepared his report. The latter was issued in November 1968
and contained technical and other data on noise in Inglewood.
These initial studies indicated a need for further data, as well as
provided a framework for the future environmental management strategy
for Inglewood. The need for further data was partially met by a study
indicating that real estate values had been adversely affected
299
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by aircraft noise.* Plans were also developed to monitor the noise
in Inglewood's environment. Subsequent studies also brought confir-
mation of citizen concern about noise — a 1969 survey indicated that
almost half the respondents listed aircraft noise control as the most
important community issue, and a 1970 survey found that sixty-one
percent felt that finding a solution to the jet noise problem was "of
greatest importance" (this compared to seventy-three percent for crime
in the streets and thirty-two percent for school integration/segrega-
tion.)
The strategy evolved into a ten-point program that was adopted
by the City Council in September 1969. The program was to be carried
out, in part, by a newly created Environmental Standards Division
that was formally placed within the Building Department, but actually
reported directly to the City Manager. A Director was hired in
November 1969 after a recruitment compaign that included newspaper
advertisements, including a successful ad in the Wall Street Journal.
The ten-point plan called for:
1. A series of law suits against Los Angeles for damages
on behalf of residents and property owners in Ingle-
wood, and to compel them to extend their runways there-
by permitting landing aircraft to be at a higher
altitude while over Inglewood.
With the help of special counsel, a suit was filed
against the City of Los Angeles (which owns the air-
port) in the U.S. District Court in May 1969. A
practically identical suit was filed in the California
Superior Court In October 1969. The main reason for
initiating the backup suit in the state court was that
it had a lower minimum monetary jurisdiction — a
plaintiff has to have damages of $10,000 to sue in
federal court, but only $5,000 in the state court.
The federal court ruled that Inglewood did not have
standing to sue. This decision was appealed to the
Court of Appeals which ruled that Inglewood could sue
and remanded the case back to the lower court which,
*The computerized correlation study showed that high noise levels were
associated with low land values. The correlation was statistically
significant and indicated that land subject to noise levels less than
80 PndB were valued on the average fifty percent higher than land
subject to noise levels greater than 110 PndB. High noise levels were
also associated with high vacancy rates. The vacancy rate correlation
was statistically significant for rental dwelling units and showed that
on the average the vacancy rate was fifty percent higher in areas sub-
ject to aircraft noise levels above 110 PndB than In areas where air-
craft noise was less than 80 PndB.
300
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in part, was to determine as part of the trial whether
the owners had suffered the minimum amount of damages
necessary for a federal suit.
But Inglewood decided to drop their federal suit and
press their case in the state court. They won the first
round when the court rejected Los Angeles' motion to
dismiss the case on the grounds of "multiplicity of
actions" (i.e., the suit in Federal Court and a separate
suit by a group of Inglewood residents). Los Angeles'
appeal of this decision is now under consideration. In
addition, since Inglewood's suit in federal court was
filed in behalf of residents, some of these are trying to
have the Federal suit reinstated.
This discussion of Inglewood's civil suits clearly indi-
cates one of the major weaknesses of this strategy -- i.e.,
it is subject to great delays, increasing its costs.
Inglewood's criminal case did not fare better. When the
city filed misdemeanor charges in March 1971 against an
airline's pilot for violating its noise ordinance, an
injunction against enforcement of this part of the ordi-
nance was issued.
An additional aspect of Inglewood's "legal" strategy, was
its financial support for the appeal of a case involving
the efforts of a near-by city (Burbank) to control evening
flights from an airport within its own city limits. This
case was decided against Burbank on May 14, 1973, by a 5-4
vote of the U.S. Supreme Court, which, however, apparently
still left open the question of whether municipally owned
airports could regulate aircraft noise at its own facilities.
2. A comprehensive noise ordinance. Development of the ordi-
nance and enforcement of it required a variety of monitoring
equipment. The equipment that was purchased included a van
which contained a microphone, precision sound level meter,
octave band analyzer, graphic recorder, stereo tape recorder,
aircraft band and shortwave radios, camera equipment, and
tools and other accessories. Some of this equipment was for
the city's general noise monitoring program, but some of it
was for its specialized campaign on aircraft noise. In
addition to this portable equipment, there were also four
fixed microphones on telephone poles in the flight path and
a central recording station in City Hall to receive the air-
craft noise data. It should be noted that a city could
begin its program with a relatively simple hand-held meter
(although it would have limited utility for any court cases).
301
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The equipment also provided the City with data needed
for its suits.
Financing for the equipment — which cost approximately
$50,000 -- and staff originally came from a special four
percent utility tax earmarked for this purpose, but the
program is currently financed from the general fund.
The noise ordinance that was adopted is similar to the
Model Noise Ordinance developed by the League of Califor-
nia Cities. The ordinance establishes standards which
vary according to different zones and times. For
instance the assumed base ambient noise level for resi-
dential areas at night is forty-five dbA, while it is
fifty-five dbA during the day; this compares to sixty-
five dbA for commercial zones during the day. Any
continuous noise five dbA above the ambient level is
prohibited; guidelines suggested that intermittent noise
(less than five minutes an hour) should not exceed ten
dbA above the ambient, and short duration noise (lasting
only a few seconds) is limited to fifteen dbA above the
ambient for purposes of enforcement.
A special provision was written for aircraft noise.
Because of earlier federal court rulings limiting the
power of other cities to regulate interstate commerce
such as airplane flights,* the ordinance exempted any
planes flying in conformities with federal air regulations
or traffic control instructions. But if a plane was in
violation of these rules — e.g., flying significantly
below the proscribed landing approach glide path -- it was
prohibited from producing noise levels above ninety dbA.
The ordinance took effect in November 1970, and the first
plane was cited for violation of it in March 1971- But
immediately after this misdemeanor citation was issued, an
injunction against enforcement of this part of the ordinance
was issued.
3. Building codes were to be revised requiring sound-proofing
of all new construction and remodeling. Various forms of
incentive zoning were considered as aid.
J*. Master plan and zoning regulations were to be re-examined
in order to adjust land use in areas in the aircraft
landing corridors.
*E.G. Allegheny Airlines v. Village of Cedarhurst, 238 F. 2d 812 (2d
Cir. 1956), and American Airlines, Inc., v. Town of Hempstead, 398 F.
2d 369 (2d Cir. 1968).
302
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5. The city attempted to get Los Angeles to extend its
runways toward the ocean, thus permitting planes to
be at a higher altitude while flying over Inglewood.
This proposed measure is presently under consideration.
6. It also tried to get other revisions in the approach
pattern -- e.g., prohibiting turns in the area.
7. In addition it urged that approaches to the airport be
at a steeper angle.
8. It urged the airlines to develop quieter (and cleaner)
engines.
9. It proposed that the City should intervene in all FAA,
CAB, and California Public Utilities Commission pro-
ceedings affecting noise.
10. In addition, it helped form a national organization
concerned with noise abatement -- NOISE (National Orga-
nization to Insure a Sound-controlled Environment).
Although not listed as part of its ten-point program, the city has made
efforts to insure that its own equipment does not contribute to noise
pollution and it is engaged in a major equipment sound-proofing program
(e.g., on its one-man sanitation trucks). It also engaged in an ex-
tensive public relations campaign to focus attention on the problem.
In conclusion, Inglewood's noise pollution management plan attacked
the problem on a wide front. Although some of the methods have been
manifestly unsuccessful — e.g., it has not won any court decisions —
its efforts have had some success. For instance, Los Angeles has
developed strict noise controls for the airport, as well as altering
approaches. Similarly, expertise developed by Inglewood has been utilized
by EPA in its development of noise pollution regulations, (Inglewood's
Environmental Standards Supervisor was on loan to EPA for six months
under the provisions of the Intergovernmental Personnel Act) as well as
by Congress in its drafting of noise pollution laws. In addition, some
City officials have seen Inglewood's efforts as not only an attempt to
improve the environment of its citizens, but also to demonstrate to them
that their government cares about their health, well-being, and satis-
faction, and to reduce their feelings of isolation and helplessness. The
City's concern for aircraft noise has spread to other forms of pollution
and other social issues.
ENVIRONMENTAL IMPACT STATEMENT
In May 1972, Inglewood's City Council issued a set of environmental
impact study guidelines. These guidelines incorporated into a formal
requirement, a procedure that already had been used by the staff for
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almost two years. It also brought Inglewood into conformance with
the California Environmental Quality Act of 1970 which required
environmental studies for all projects subject to public action."
The following broad categories of factors were to be considered in
order "to insure that all important aspects of an environmental
evaluation" were examined:
1. land transformation and construction (ten specific items,
e.g., erosion, floods)
2. land use (six specific items, e.g., open space, resi-
dent ial)
3. water resources (four specific items, e.g., quality,
drainage)
k. air quality (five specific items, e.g., oxides,
particulate matter)
5. service systems (six specific items, e.g., sewerage
system, refuse disposal)
6. transportation systems (four specific items, e.g.,
automobile, safety)
7. noise and vibration (two specific items, i.e., on-site,
off-site)
8. aesthetics (two specific items, i.e., scenery, structures)
9. community structure (six specific items, e.g., recreation,
employment)
Each factor was to be evaluated separately for the project's construc-
tion phase and its operating phase. (See Addendum a.)
The process was described as follows: The preparing agency prepared the
EIS and forwarded it to the Environmental Standards Division for review.
Within fourteen days they were to forward it to the Planning Department
for review. Within an additional seven days they were to forward it to
the City Administrator, who was to decide within seven days whether the
project should continue to its next phase (which would be the adoption
-•In September 1972, the California Supreme Court interpreted the law
to include private projects which involve city actions other than of
a ministerial nature — i.e., if the city grants approval on a project
for which it could have denied approval, then the project is subject
to an EIS.
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of a design budget or a construction budget, depending on the nature
of the project).
Each reviewer of the EIS was to indicate either (l) general agreement
(no objection or only minor changes proposed) or (2) a need for further
information or (3) major changes necessary in the EIS or (*») that the
action was unsatisfactory because "of the potential degradation of the
environment [or] the safeguards to protect the environment are inadequate
[or] the alternatives to proposed action need further analysis --
including the 'no action1 alternative."
In September 1972, just prior to the State Supreme Court decision ex-
panding the EIS requirement to include private projects, Inglewood issued
a policy statement for using "total impact analysis" on public and private
projects, thus broadening the scope of environmental concern in the
decision making process.
The principle "building block" of total impact analysis was the quanti-
fication of environmental and social values. The underlying objective
was to compare environmental, social, and economic costs with environ-
mental, social, and economic benefits.
The prescribed method was as follows: For each environmental or social
cost or benefit the magnitude of the effect was to be estimated -- e.g.,
the number of people affected, or the quantity of air pollution created,
or decibels of sound produced. Then an importance factor was to be
assigned; these were to consider the nature of the measurement unit of
the magnitude (e.g., whether it was people, or parts-per-mi11 ion of air
pollution); it was also to vary with the type of land use affected —
e.g., residential areas were more important than open space. Professional
judgment, questionnaires, or some form of group decision making were
suggested as methods to determine the appropriate importance factors.
Then these two quantities were to be multiplied resulting in "impact units"
for each effect. Next, a dollar value was assigned to each impact unit,
and when this was multiplied by the number of impact units an estimate of
the net total social cost/benefit resulted. The comparison of environ-
mental and social costs and benefits, and economic costs and benefits then
enabled the decision maker to judge the desirability of a particular
project.
The City used the principle , in varied forms, of total impact analysis
on three of its own environmental impact studies: a site for a water
treatment plant, the construction and operation of the plant, and a
study of eight alternate freeway routes (the latter did not involve the
same degree of precision in the quantification of environmental impacts
nor any attempt to assess any economic values).
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To date, the method has proven useful, but also has encountered some
difficulties. The highest rated sites for the water treatment plant proved
to be politically unacceptable, and a lower rated site was selected.
The attached illustration (Addendum b ) of the completed total impact
analysts for the operation of the water treatment plant Illustrates
some of Its problems. For example, the selection of the unit of
measurement for the magnitude of the effect can have a major impact on
the final result. Although the importance factor is far from arbitrary,
it may be difficult to justify the values assigned. Similarly placing
an economic value upon an impact unit is a difficult operation.
It should be noted, however, the presentation of the data elements
rather than only a single sum enables the decision maker to attach his
own values at each point.
When the California State Supreme Court ruled in September 1972,
that an EIS was necessary for private projects as well as public pro-
jects, the immediate impact throughout the state was turmoil. The cities
were unprepared and their initial response was to impose moratoria on
zone changes, building permits, and other related municipal actions
until reasonable guidelines were developed. The state subsequently
issued its own guidelines for the implementation of the law.
But Inglewood had developed its own procedure at the staff level
two years earlier, and this was officially adopted by the Council on
November 14, 1972. Changes were made subsequently, in April 1973, that
brought Inglewood into general conformance with state-issued guidelines.
The process adopted in November 1972 instituted a requirement for an
Environmental Clearance Statement for any zone changes, variances, and
exceptions, special use and grading permits, filing of sub-division
tract maps, and building permits. (See Addendum c for this form.) Auto-
matic exceptions were granted for (a) detached single family dwellings,
and permits for such related items as pools, room additions and fences,
and (b) modifications entailing no expansion of use. Other cities
granted exemptions for projects below a fixed number of units or value
of the project. Subsequent State guidelines exempted similar projects
but permitted increased capacity up to fifty percent in some situations.
In addition, Inglewood's procedure permitted the Environmental
Review Committee to exempt any project from the requirement to file an
Environmental Clearance Statement because the project did not have a
significant effect on the environment.
The Environmental Review Committee (ERC) was composed of repre-
sentatives of the Planning and Development Department, Public Works
Department, Parks and Recreation Department, Fire Department, and Police
Department. This review committee could (a) find the project had no
significant impact and therefore approve it, (b) find the project would
have an impact which could be alleviated by some action, and thus it
could conditionally approve the project with the provision that the
action was completed, or (c) find the project had significant affect on
the environment and therefore require a full Environmental Impact Study.
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The ERC was to consider a number of factors in making its
decision, including:
(a) consistency with the General Plan and other land uses
in the vicinity
(b) its effect on, and effect by, the natural environment
(e.g., slope stability conditions, soil characteristics)
(c) its effect on cultural, historical, and recreational
sites that cannot be replaced
(d) its effect on visual quality (e.g., consideration of
landscaping, building setbacks, etc.)
(e) its effect on air, water, and noise pollution
(f) its effect on the need for public services
If an EIS were required, then the Community Environmental Commission
(CEC) was to consider the EIS and any other information it deems appro-
priate (e.g., facts brought out at a public hearing) and determine the
project's environmental impact and to either approve, conditionally
approve, or deny the project. The decision of the CEC could have been
appealed to the City Council (after payment of a $100 fee).
The EIS had to include in addition to a description of the project:
(a) a description of the environmental setting, (b) the environmental
impact, including specific listing of unavoidable impacts as well as
irreversible changes, (c) mitigation measures to be taken to prevent the
environmental damage, including evaluation of alternatives to aspects of
the project or the project itself.
As noted earlier, the procedures established by Inglewood permitted
its Environmental Review Committee to conditionally approve the initial
Environmental Clearance Statement claiming no significant environmental
impact. The conditions it established may have become part of a formal
negotiation process, and apparently need not have been limited to purely
environmental considerations. An example of the conditions established
for approval of an Environmental Clearance Statement included prohibiting
access to and from a particular street by erecting an eight-ten foot
decorative masonry wall; the full set of conditions in one case can be
found in Addendum d.
Prior to the revision of the guidelines in April 1973, eleven
public and twenty-five private projects were subject to the EIS process.
Of the eleven public projects, three of the ElSshad to be changed as a
result of the review process, and two of these projects were modified
as a result; no projects were rejected. Of the twenty-five private
projects subject to the EIS process, twenty Environmental Clearance
Statements were accepted unconditionally, three were accepted condition-
ally, and two were subject to a full Environmental Impact Study; no
projects were rejected.
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In February 1973. the Resources Agency of California issued its
guidelines for the implementation of the California Environmental
Quality Act (CEQA) of 1970. In April 1973, the City Council of Ingle-
wood amended its own requirements and procedures to conform to the
state's guidelines.
The procedure as now established requires the Planning and Devel-
opment Director (rather than the broader-based ERC) to make the initial
decisions whether (a) the project or activity is not covered by the
CEQA or Council ordinance, (b) exempt because the governmental action
is deemed to be either an emergency, or of a ministerial nature, or
(c) categorically exempt. Ministerial acts include filing of sub-divi-
sion maps and issuing building permits — both of which had been
included in Inglewood's EIS process prior to these revisions. Projects
that are categorically exempt are: (1) existing facilities which are
merely being repaired, maintained, or altered slightly (additional
space is limited to 2500 square feet or fifty percent, whichever is
less); (2) replacement or reconstruction of existing structures and
facilities, with substantially the same purpose and size; (3) new con-
struction of small structures (e.g., a single family home — provided
no more than two are built — or stores and offices designed for no
more, than twenty occupants); (4) minor alterations to land (e.g.,
grading on land with less than ten percent slope); (5) minor altera-
tions in land use limitations — i.e., minor lot line adjustments and
set-back variances, not zoning changes which are not exempt; (6) acces-
sory structures (such as small parking lots, on-premise signs, drainage
projects under $10,000). The last four categories may not be exempt if
the project is in a particularly sensitive environment, or if the
cumulative impact of successive minor changes results in a significant
impact. Other categorical exemptions include information collection,
regulatory actions for protection of natural resources and for protec-
tion of the environment, Inspections, loans, and surplus government
property sales (except land).
If the project is not exempt, the Planning and Development Director
must then decide whether the project may have possible significant
environmental effects. If he declares that it will not have such impact,
he issues a Negative Declaration, which is posted and becomes final after
ten days if it has not been appealed. In Inglewood, appeals are heard
by the Community Environment Commission (which is a joint group composed
of the Planning and Zoning Board and the Constructions Appeals Board),
after a fee of $50. has been paid; their decision may be appealed to
the City Council within ten days on payment of a $25- fee.
The Director's decision that a project may have significant impact
and therefore requires an Environmental Impact Report Is also appealable
under the conditions noted above.
The factors to be considered in making the decision whether a
project may have a significant environmental impact requiring further
study are basically the same as those the ERC was to use In making the
same decision under Inglewood's earlier guidelines — with the exception
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that assessing the project's effect on the need for public services
Is not specifically mentioned and the new language only mentions
"posing a burden on the existing street system" In its place. Re-
ference to impacts on irreplaceable cultural, historical, and recre-
ational sites was also dropped at this decision point, but it and
the Impact of the project upon public services must be Included in
the full Environmental Impact Report, if one is required. It should
also be noted that the guidelines specifically stated that the factors
to be considered were not to be limited to those listed. And, also
that both primary and secondary consequences of an action are to be
considered (e.g., the consequences upon the environment of any result-
ing population growth).
If an EIR is required, the draft (which may be made by the
developer) is circulated to interested departments and is made avail-
able to the public upon request. Comments are to be made within thirty
days, and a final EIR is to be prepared within an additional thirty
days. The City then decides whether the project will or will not have
a significant effect on the environment, and whether or not to approve
the project.
An Environmental Impact Report must include: (a) as the environ-
mental impact of the proposed action, including primary and secondary
impacts as well as short-term and long-term ones, at each stage —
acquisition, construction, operation — of the project; (b) any adverse
environmental effects which cannot be avoided if the project is imple-
mented; (c) mitigation measures proposed to minimize the impact; (d)
alternatives to the proposed action (including alternative mitigation
measures, and the option of having no project at all), with the reasons
for rejecting them; (e) relationship between the short-term use of the
environment and the perspective that each generation Is the trustee
of the environment for future generations; (f) any irreversible envi-
ronmental changes if the project were implemented; (g) the growth
inducing impacts of the proposed action; and (h) the boundaries of the
affected area, which actually may be quite far from the proposed site.
There has been some dissatisfaction with the EIS process in
Inglewood as elsewhere in California. The EIS process comes into play
only when someone wants to do something; the decline of the environment
through inaction (e.g., deterioration of buildings) is not examined.
The EIS process requires a case by case consideration rather than the
broader approach found in general planning considerations. There have
also been complaints the privately produced Environmental Clearance
Statements and even full-fledged EIS reports are poorly done and even
take on the appearance of mass produced interchangeable studies, rather
than real examinations of the impact of the particular project. The
revised guidelines in Inglewood have provisions for the city to prepare
the reports and to pass on the costs of preparations and review unto
the applicant (this is in addition to a basic fee of $50. and any fees
for appeals).
The EIS process has also been criticized as costly and dilatory.
And it is not clear that Inglewood and other cities have the expertise
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needed to evaluate the environmental impact of a project — especially
if secondary and growth-indue ing impacts must be considered.
But the EIS process has introduced environmental considerations
into the decision making process, and has contributed to its rational-
ity and openness.
PROPERTY MAINTENANCE PROGRAM
One consequence of an increased demand for environmental action
may be that some programs which existed before (or independently of)
this demand will be relabeled as environmental management programs.
Building code requirements for landscaping, or minimum number of park-
ing spaces will be cited as environment programs. Although Inglewood's
Property Maintenance Program could be considered a part of some other
governmental function, its contribution to stabilizing the urban envi-
ronment calls for its discussion in this report. More importantly,
preventative programs should be considered by cities as part of their
environmental management strategy.
As part of Inglewood's federally funded Community Review Program,
a recommendation for a Property Maintenance Program (PMP) was made and
adopted. The PMP is an attempt at preventative medicine. As one
Inglewood official noted, "The Environmental Impact Statement process
works when someone wants to do something. But there is a need for
programs to prevent later problems whose solutions will require the EIS
process." The PMP is seen as a process to slow down the need for public
urban redevelopment projects. It is also hoped by Inglewood officials
that it will slow down the transition from single-family homes to apart-
ments, and perhaps aid in the stabilization of the current racial
balance.
The PMP involves inspecting building structures for their external
appearances and requiring them to repair deteriorating conditions. (See
Addendum d for requirements.) The program differs from Inglewood's
program for building code enforcement in several ways: (1) it focuses
upon external appearance rather than internal conditions such as proper
electrical wiring, (2) it utilizes the skills found in Planning Depart-
ments with its greater neighborhood and people orientation, rather than
the more traditional building inspector who are more concerned with
safety and building code conformance, (3) it utilizes a scheduled in-
spection system of structures in designated neighborhoods, rather than
operating on a complaint basis. In Inglewood, the program is admin-
istered through the Environmental Standards Division of the Planning and
Development Department. (See Addendum e for the citation form.)
The program is designed to have six phases each lasting two years,
resulting in most structures being systematically inspected and rein-
spected for compliance by the end of the program. The first phase
involves inspection of 2800 structures in three areas and covers approxi-
mately eighteen percent of the units scheduled to be inspected. The cost
of the program was estimated at $60-80,000 per year.
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The results of the program can be easily evaluated both by a
qualitative evaluation of the improvements made as well as by a
quantitative measure of the number of buildings inspected and the
number of violations corrected. For the first nine months of the
program 712 buildings were inspected compared to 851 buildings in
the previous 5 l/'t years which relied on building inspections ori-
ginating from a complaint.
Based on Inglewood's experience with the program, and an evaluation
by the administration, several recommendations can be made to any
city thinking of such a preventative program as part of its environ-
mental management strategy. The program should be based upon an
analysis of the total community in terms of its social, economic, and
physical characteristics and needs. It should proceed in phases, with
the first phase deliberately selected so that it does not include the
most blighted areas, but rather includes those most amenable to the
cosmetic changes envisioned by this program. Nor should the initial
areas concentrate on areas predominated by one race, economic level, or
age group. It is especially important that the initial burden not
rest with the black, the poor, or the elderly, even if those areas might
benefit most from the program. The program requires a strong public
relations campaign to ensure enforcement and success. Clearly the
councilmen ought to be consulted on the scheduling of the inspection
areas. Realistically, consideration must be given to election schedules,
and where the council is selected on a district basis (rather than at-
large) consideration must be given to distributing the political burden
of this program.
But it should be noted that the Inglewood City Council has given
the program enthusiastic support. In part, this may be due to the
transition problems Inglewood is encountering. The Council is more
attuned to the needs and problems of its single-family residents,
because these are more likely to be concerned with local government in
Inglewood. The apartment dwellers have less identification with the
city, in part because they are newer residents, and in part because
information about the community is difficult to acquire because Inglewood
is merely one of seventy-seven cities in Los Angeles County and is
without strong local coverage (i.e., all of the TV channels — a major
source of news -- concentrate upon Los Angeles rather than the smaller
cities). Since they do not pay property taxes directly, nor do they
receive as many direct service (e.g., they are less likely to be aware
of trash collection problems), and since many of them work outside of
Inglewood — their concern with Inglewood government is far less than
the older Inglewood home-owner who is more directly tied to the city's
services and tax burden. These councilmen were eager to support a pro-
gram that would maintain older neighborhoods, and contribute to both
stabilizing its racial composition as well as its home-owner composition.
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Based on Inglewood's experience, a city contemplating this
program should be prepared for negative feedback on other faults of
the government as well as on the program. Some of those adversely
affected by the program may suggest that the city solve Problem X or
Problem Y rather than spend its resources on this program. The avail-
ability of financial assistance in terms of low cost loans or of
alternate low-cost housing may play an important role in the success
of this program, as in the case of other code enforcement programs.
ORGANIZATION
The basic organizational question faced by Inglewood was where
to place the responsibilities for protecting the environment. The
initial organization was an Environmental Standards Division (ESD)
which was formally placed within the Building Department, but whose
head reported directly to the City Manager — emphasizing the high
priority to be given this program. A subsequent reorganization placed
the ESD (and the Building Department) within the Planning and Develop-
ment Department.
Inglewood governmental officials considered the creation of a
separate environmental department or EPA but rejected this alternative
in favor of the Planning and Development Department handling the envi-
ronmental function. Several reasons were cited.
1. The City Manager wanted environmental considerations to
become institutionalized as part of each department
head's decision making criteria, and he felt that a
separate department encouraged the idea that the environ-
ment was someone else's responsibility. He felt that an
administrative style of cooperation was more productive
than one involving an adversary approach.
2. Concern for the environment should come early in the
decision making process, and placement within the Plan-
ning and Development Department facilitates this.
3. Planning is a vital function, which cannot be separated
from the environment, and hence the Planning and Develop-
ment Department should be responsible for environmental
protection. A separate Environment Department would
involve considerable overlap of skills.
k. In addition, a new department may face additional barriers
in its relations with other more established departments.
5. It was the feeling of the City Manager that the best source
for environmental expertise for his administration was to
train current staff members rather than hire environmenta-
lists; current staff, and the Planning and Development
Department, already had an appreciation for the need to
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compromise between economic realities and environmental
necessities.
6. Inglewood's size was small enough so that the responsi-
bility of protecting the environment would not over-
burden the Planning and Development Department.
An additional organizational aspect faced by Inglewood was the
role of citizen participation in the area of environmental protection.
Here Inglewood's approach was much more traditional than some other
innovative and environmentally aggressive cities.
In August 1971, political considerations, a desire to streamline
the appeals process, and some environmental considerations led to the
dissolution of their Planning Commission, Board of Zoning Appeals,
Board of Building Appeals, and Board of Fire Appeals. Their functions
were reconstituted into a five member Planning and Zoning Board and a
five member Construction Appeals Board. The two boards combined form
the Community Environment Commission (CEC) which is mandated to meet
quarterly, or on the call of the chairman. The position of CEC Chair-
man rotates quarterly between the two board chairmen.
The board members are appointed in a traditional manner -- each
councilman and the Mayor names one member of each board. No particu-
lar emphasis is placed upon their expertise or concern for the envi-
ronment, but city officials expect the members of the CEC to grow into
the role of environmental experts. Their role as a major mechanism
for citizen participation in the environmental management process has
been clarified by the city's revised EIS guidelines which makes them
part of the appeals process.
In summary, the organizational machinery adopted in Inglewood
suits its own political and administrative style. Any city contem-
plating organizational alternatives for its own environmental manage-
ment strategy must consider these elements too, and not merely
transplant what has proven successful elsewhere — organizational
transplants (like organ transplants) require some minimal matching of
supportive systems and behavior.
CONCLUSION
Inglewood's environmental management program includes a wide
range of activities, only some of which were examined in this report.
Inglewood's program began with aircraft noise pollution but soon
encompassed other sources of noise, and then other aspects of the
environment were added. Their development of total impact analyses
and their use of the environmental impact statement process (which
predated the state's requirement), involves a still broader view of
the environment. Their environmental management strategy ranges from
preventative aspects (such as the inclusion of environmental factors
into governmental planning and decision making, and programs such as
Property Maintenance) to programs of active enforcement (such as the
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civil and criminal suits they filed to reduce noise pollution).
The strategy evolved as a result of a number of factors. Public
opinion was supportive — some might even say demanding -- of action
to rid Inglewood of its aircraft noise problem; and public support
continued as the program evolved. The city's governmental decision
makers played an active role in the development of the strategy to its
present point; where they lacked expertise they moved to acquire It
through training, recruitment, or the use of consultants. The strategy
also developed because once the city played an active role and earned
a reputation as an innovator, it strived to maintain that image.
Their program to combat noise pollution involved a wide range of
activities. Although some of them have not been manifestly successful,
progress has been made which can be attributed to the general, con-
tinuing campaign waged by Inglewood. The use of civil suits has been
a slow, costly, and so far unsuccessful strategy; their criminal suit
against a pilot who violated their noise ordinance while landing at
Los Angeles International Airport also proved unsuccessful.
The city is proud of its noise ordinance and it can be assumed
to be successful despite the general weaknesses of such ordinances.*
Determination to enforce clearly written standards is a major factor
in making this environmental management strategy successful. The
other elements of their ten point program can help make Inglewood a
quieter city, when the measures are finally implemented -- either by
the city, or by the other private and public organizations that have
the authority to act.
Inglewood's Environmental Impact Statement process has proven
successful — not so much because it has killed environmentally
damaging projects, but because it has introduced environmental con-
siderations into the decision making process of both private developers
as well as governmental decision makers. Its most serious problem may
be the inability to accurately assess the environmental impact of a
project, given the current state of available knowledge. Other
criticisms of the process — e.g., its cost, or the delay involved —
are minor, when compared to the benefits that can be gained if a project
that is potentially harmful to the environment is blocked. But the
technique requires dedicated administrators and vigilant citizen
participation; the process can quite easily become a pro forma exercise
without these.
Preventative programs, such as Inglewood's Property Maintenance
Program, have a definite role in an environmental management strategy.
It is too early, however, to tell whether Inglewood's program will be
successful in improving the aesthetic environment and halting the need
*See Stuart F. Lewin, Alan H. Gordon, and Channing J. Hartelius, Law
and the Municipal Ecology (Washington, D.C.: National Institute o1
Municipal Law Officers, 1970).
-------
for redevelopment projects. Since any code enforcement program
requires financial assistance to be successful, the program may face
difficulties ahead. (See Addendum e for Notice of Property Maintenance
Violations.)
The observation has been made several times that successful
environmental management requires programs and enforcement. There
is no single organizational arrangement that is best for all cities.
Almost any arrangement can be made to be successful in protecting the
environment if that goal is shared by the citizenry, and dedicated
policy makers and administrators.
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ADDENDUM •
ENVIRONMENTAL IMPACT STUDY GUIDELINES
COVER SHEET
A.
£.
C.
-D.
PREPARING AGENCY: DATE:
PROJECT NAME:
PROJECT LOCATION:
PROJECT NUMBER:
STUDY REVIEW
E. ENVIRONMENTAL STANDARDS DIV.
F. PLANNING AND DEVELOPMENT
DEPARTMENT:
G. ADMINISTRATIVE OFFICER:
DATE:
DATE:
DATE:
The Environmental Impact Statement shall contain at least the following
information;
I. DESCRIPTION OF THE PROJECT
a. Purpose, function, cost
b. How will it be accomplished
1. Equipment to be used
2. Schedule
e. Who will be affected
II. ENVIRONMENTAL IMPACT DURING CONSTRUCTION
a. Short term environmental benefits
b. Short term environmental degradation
III. ENVIRONMENTAL IMPACT AFTER CONSTRUCTION
a. Long term environmental benefits
b. Long term environmental degradation
IV. ALTERNATIVES (include cost impact of alternatives)
a. Alternatives to project as a whole
b. Alternatives to methods of accomplishment
V. TRANSCRIPT OF PUBLIC HEARING (if held)
VI. REVIEW OF PUBLIC HEARING AND DISPOSITION
VII. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS
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ENVIRONMENTAL IMPACT STUDY GUIDELINES
CHECK LIST
PTOPOSE; To insure that all important aspects of an environmental
~~~~~~ evaluation are considered. It is an aid to insure
necessary completeness.
PROCEDURE; Make a check nark opposite each Item to indicate
whether the proposed project will have an adverse
effect, no effect, or a beneficial effect on the
item in question.
Land Transformation and Construction
a. Compaction and Settling
b. Erosion
e. Ground Cover
d. Deposition (Sedimentation, Precipitation)
e. Stability (Slides)
f. Stress-Strain (Earthquake)
g. Floods
h. Waste Control
i. Drilling and Blasting
j. Operational Failure
Land Use
Open Space
Recreational
Agricultural
Residential
Commercial
Industrial
Water Resources
a. Quality
b . Irrigation
c. Drainage
d. Ground Water
Air Quality
a. Oxides (Sulfur, Carbon, Nitrogen)
b, Particulate Matter
e. Chemicals
d. Odors
e. Gases
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317
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E. Service System
a. Schools
b. Police
c. Fire Protection
d. Water & Power Systems
e. Sewerage Systems
f. Refuse Disposal
F. Biological Conditions
a. Wildlife
b. Trees, Shrubs
c. Grass
G. Transportation Systems
a. Automobile
b. Trucking
c. Safety
d. Movement
H. Noise and Vibration
a. On-Site
b. Off-Site
I Aesthetics
a. Scenery
b. Structures
J. Community Structure
a. Relocation
b. Mobility
c. Services
d. Recreation
e. Employment
f. Housing Quality
K. Other (List as Appropriate)
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ADDENDUM b.
ADVERSE IMPACT UNIT DETERMINATION
An attempt is made to quantify adverse environmental impact of a
project. Two factors determine the value or quantity of an adverse
impact: the importance factor and the magnitude of adverse impact.
Magnitude multiplied by importance factor yields the "adverse
impact unit." This unit is composed of a factual judgment (magnitude)
and a subjective judgment (importance). The importance factor ex-
presses a preferential attitude of the author and magnitude determi-
nation guided by documented facts.
Magnitude of Adverse Impact: 1 Negligible
2 Small
3 Moderate
k Considerable
5 Extensive
Importance Factors: 1 Slightly important (public inconvenienced;
short term)
2 Important (controversial; hazardous; long
term)
3 Very important (health and safety affected)
319
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ADVERSE ENVIROMMEHTAL IMPACT UNIT MATRIX FOR
PROPOSED FRiEk'AY ALTERNATIVES
Freeway
Alternative
N-N1-N
N
H-N3-C
N-N2
C
C-C1-N
S
LEGEND: 5
3
15
ADVERSE IMPACTS
i
Socioecob
5
2
10
5
2
10
4
2
8
5
2
10
5
2
10
5
2
10
2
2
4
Noise
Church
3
3
9
3
3
9
6
3
18
3
3
9
5
3
15
3
3
9
2
3
6
School
—
—
4
3
12
•A
3
12
4
3
12
5
3
15
5
3
15
4
3
12
Hospital
4
3
12
4
3
12
— —
—
~
• •.
—
—
— ^
—
—
• •.
—
—
..
--
--
H
&
3
3
9
3
3
9
_ _
—
—
3
3
9
3
3
9
3
3
9
3
3
9
Air
1
4
3
12
4
3
12
«•»
—
._
2
3
6
3
3
9
4
3
12
4
3
12
School
—
«
3
3
9
4
3
12
4
3
12
5
3
15
5
3
15
4
3
12
Hospital
5
3
15
5
3
15
••«
—
~
•»*»
—
—
««
—
--
_ _
—
—
—
~
Traffic
4
2
8
4
2
0
3
2
6
4
2
8
2
2
4
3
2
6
1
2
2
Seismic
3
3
9
3
3
9
2
3
6
3
3
9
2
3
6
2
3
6
1
3
3
Total
Adverse Impact
Units
84
105
62
75
83
83
60
Magnitude
Importance factor
Impnct unit
320
-------
IMPACT KATIHC SHEET
(Completed Sasplei Water Treatoent Plant)
tffeet
?o«ltlve Social Effects
1. Improved vater quality
2.
3.
Total
Positive Environmental Effect!
1.
2.
3.
Total
Negative Social Effects
I. Selocation of 1 family
2. Relocation of 2
businesses
3.
"Total
Negative Environmental Effects
1. Boise & dust (plant
construct ion)
2. • Noise & dust (pipeline
construction)
3', Air pollution from
electricity generation
Total
Magnitude
395 million people-
days (present value)
2.5 people (equivalent
63 people (equivalent]
15,000 people days
(equivalent)
2,000 people days
20,000 people days
(present value)
Inportance
Factor
0.1
*t*« •
16.7
1.2 (park
(attected)
1.3 (resi-
dences arrected
1.2
lupact
Units
39.5 Billion
39.5 Billion
42
1,052
1,094
18,000
2,600
24,000
44,600
Economic Value of ona Impact unit: $2.50 per person-day (equivalent)
Economic benefits
Social benefits
Environmental btnlita
Total Benefits
Economic costs
Social costs
Environmental costs
Total Cos 1^5
$ SB. 750-000
$ 9R.7W OP"
8,000,000
2,735
111,500
.-,!"
$ 8.114,235
1-4
321
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ADDENDUM c.
ENVIRONMENTAL CLEARANCE STATEMENT
APPLICANT:
Name
Address
Telephone
PROJECT LOCATION:
Address
ZONE:
2. OWNER:
Name
Address
Telephone
Legal Description
PROJECT TYPE (i.e., residential, commercial, industrial or
other) Specify:
6. PROJECT VALUE (excluding land):_
7. PROJECT CHARACTERISTICS:
a. Square footage of site
b. Square footage of buildings (
(including garages)
c. Land coverage (as % of "7a")
d. Landscaped area (as % of "7a")
e. Number of stories _
f. BuiIding height _
g. Number of parking stalls
h. Number of dwelling units (res. only)
i. Recreation area (as % of "7a")
322
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YES NO
8. Does your project comply with all pertinent
rules and regulations of the Los Angeles APCD?
9. Will your project require that heavy trucks or
equipment use streets other than designated
truck routes (after construction completed?)
10. Will your proposed project require any pickups
or deliveries between the hours of 10 PM and
7 AM?
11. Does your project include any machinery,
loudspeaker, or other equipment that will be
audible beyond your property line?
12. Does your project include any equipment that
may generate dust, fumes, odors, smoke, or
steam noticeable beyond your property line?
13- Does your project consume any existing open
space in Inglewood?
14. Will any construction acgivity take place
between the hours of 10 PM and 7 AM?
15- Will the project result in any significant
increase in traffic or parking on any city
streets?
16. Are there any other significant short-term
environmental impacts of this project?
17- Are there any other significant long-term
environmental impacts of this project?
I certify that the above facts are true and correct and recognize
that development in Inglewood must comply with all City of Inglewood
ordinances and codes as well as all rules and regulations of the
Los Angeles Air Pollution Control District.
(Signature of Applicant) (Date)
I concur with the above facts and find that this project will not
have a significant effect on the environment provided the con-
ditions listed below are met.
323
-------
I concur with the above facts and find that this project may
have a significant effect on the environment. An Environmental
Impact Statement is required.
I do not concur with the above facts for the reasons stated
below. An Environmental Impact Study is required.
Chairman, Environmental Review Committee (Date)
32k
-------
ADDENDUM d.
CONDITIONS REQUIRED BY THE CITY PLANNING COMMISSION
AND THE
ENVIRONMENTAL REVIEW COMMITTEE
FOR
EXPANSION OF AUTO SALES LOT
1. That the applicant construct a decorative masonry wall 8 to 10
feet in height along the entire Maple Street frontage, set back
a distance of 5 feet from the property line with a setback at
the north end and south end compatible with the existing resi-
dential setback. The design of the wall, the height of the wall
and the length and design of the transitions at the north and
south ends shall be subject to the approval of the Planning and
Development Director and the Police Department.
2. That applicant provide a wall not less than 6 feet in height
between the property northward and the property southward. The
material and height of the wall shall be approved by the Planning
and Development Director.
3. That a 5 foot landscaped setback from the west property line shall
be provided and supplied with an appropriate irrigation system.
Minimum landscaping acceptable shall include ground cover and 15
gallon grees at 50 foot intervals. Landscape plans indicating
the type and placement of plant material and the design of the
irrigation system are subject to approval by the Planning and
Development Director.
4. That the Maple Street parkway shall be landscaped with trees and
appropriate ground cover and maintained by the property owner.
Landscape plans indicating the type of plant material and the
design of the Irrigation system are subject to approval by the
Planning and Development Director.
5. That grading, paving and marking of the lot be according to re-
quirements of the Inglewood Municipal Code.
6. The lighting plan for the property including the height of the
light standards shall be subject to approval by the Planning and
Development Director. There shall be no direct illumination of
adjacent residential areas.
7. That no access or egress shall be permitted to the property from
Maple Street.
8. That all curb-cuts on Maple Street are to be closed and matched
with existing curb, gutter and sidewalk. Construction shall be
to the standards required by the City Engineer.
325
-------
9. That no advertising signs shall be installed on the Maple
Street frontage.
10. That the Traffic Engineer review the traffic patterns in the
area and install all appropriate control devices.
11. That the noise levels resulting from any activity on the site
shall not exceed 50 dBA at the nearest property line of any
residential property.
12. That the applicant shall at his expense construct a storm
drain on 98th Street from Maple to La Brea. The storm drain
shall be approved by the City Engineer.
13- That the applicant provide access gates for emergency vehicles
at the end of each alley abutting the property. The design
and construction of the gates shall be approved by the Fire
Chief.
326
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ADDENDUM e.
CITY OF inGLewooo cauFomia
NOTICE OF
PROPERTY MAINTENANCE VIOLATIONS
Addres»
Dtte
Pursuant to the Property Maintenance ordinance, an inspection was made of
your property and the following deficiencies as checked off were found to
•xist:
( ) 1. Abandoned, boerded-up or partially destroyed building,
Sec. 9601(a)(o)(r-ix)
( ) 2. Unpainted buildings causing dry rot and termite infestation.
Sec. 9601(b)(o}
( ) 3. Broken window constituting a hazard. Sec. 9601(c)(o)
( ) 4. Overgrown vegetation. Sec. 9601(d)(o)
( ) 5. Storage of vehicles in front yard area. Sec. 9601(f)(o)
( ) 6. Dead trees, weeds and debris. Sec. 9601(e)
( ) 7. Abandoned .chicles. Sec. 9601 (g)(o-ii)
( ) 8. Discarded furniture. Sec. 9601(i)(o-ii)
( ) .9. Garbage cans stored so visible from the street. Sec. 9601 (k)(o)
( ) 10. Structurally dilapidated, in need of repairs. Sec. 9£01(m)(o)
( ) 11. Violates fire resistive wall requirements. Sec. 9601(r-xv)
( ) 12. Other
Remarks
These conditions constitute a Public Nuisance. Corrective measures must be
commenced within days and completed within days. Otherwise
the matter will be turned over to the City Attorney for either misdemeanor
or civil action.
Questions concerning the above should be addressed to the Building Division
at 674-7111, Ext. 274 between 8:00 a.m. to 5:00 p.m.
BuildingInspector
Building Division
Planning and Development Department
Inglewood, California
OFFICE USE ONLY
"Property Owner_
Address ~
Contacts
327
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APPENDIX /»
REPORT ON THE FIELD TRIP TO MIAMISBURG, OHIO
Introduction
Miamisburg is a small city (14,935 population) lying on the banks of
the Great Miami River on the southern edge of the Dayton metropolitan
area. Rapid growth is transforming Miamisburg from a small independent
town to a larger suburban community. Growth trends for the entire
metropolitan area indicate continued rapid expansion for the area south
of Dayton, as completion of Interstate 75 makes commuting into Dayton
for work much more convenient.
Since 1968, the primary orientation of the City of Miamisburg has been
toward preparing for the anticipated growth. A pro-annexation policy
has resulted in adding 233 acres for a total of 7-5 square miles, and
the city is straining to provide the essential capital improvements.
Anticipation of growth relates to a growing concern over environmental
quality on the part of the citizens, their local elected officials and
the municipal staff. The press of immediate problems has required that
long-term planning efforts be carried out at the same time that new pro-
grams are being implemented.
In the last few years, the City of Miamisburg initiated the following
environmental programs:
^Comprehensive Planning. In November 1969 the Comprehensive
Development Plan was adopted as a standard for future planning.
^Mayor's Beautification Committee. A 15-member committee whose
primary mission is to develop and recommend to the city council
programs designed to improve the city's appearance and physical
environment was established.
*Solid Waste. Plastic trash can liner program was initiated
where bags could be obtained from city building or boy scouts
at $3.00 for fifty bags.
In July, 1970 the city put into effect a more efficient system
of collection routes in conjunction with a new refuse storage
and collection ordinance. Recently, the city switched to
specially designed one-man vehicles for refuse collection.
In early 1970 they began using South Montgomery County Reduction
plant (annual cost $42,000) to dispose of trash rather than land-
fill method ($7.90/ton).
328
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"Water. In February, 1970 a 25 year Wastewater Treatment Master
Plan was adopted.
In May, 1970 the city authorized a $2,000 voluntary contribution
to the Miami Conservancy District for a demonstration and study
of oxygen aerators for the Great Miami River.
In September, 1969 new chlorination facilities were added to the
city wastewater treatment plant, providing compliance with state
and federal water standards (2.2 mgpd capacity).
A one million gallon water tank was built to insure adequate
emergency water storage.
A section of trunk sewer was completed, thus eliminating two lift
stations which were sources of pollution.
"Open Space. A Master Park Acquisition Plan was adopted.
In May, 1971 the Council established a "park fee" to be paid on
each building permit issued for the construction of a residential
structure in the City (see Addendum B).
An abandoned sewage treatment plant was converted into a park.
While it is important to do everything possible within a single community
to alleviate environmental problems, many transcend local political
boundaries and many require solutions that exceed the capacity of any
single jurisdictions. Briefly, the primary environmental problems facing
the City of Miamisburg and the entire metropolitan areas as identified
chiefly by the "State of the Environment" report issued by the Miami
Valley Regional Planning Commission, are:
Water Pollution— The major sources of pollution for the Great
Miami 'River are industrial and municipal discharges (treated and
untreated). In the past the BOD level has failed to meet estab-
lished standards. However, water quality has consistently improved
since I960. Another pollution threat is that of toxic waste
spills. One paper company was fined $60,000 for damages resulting
from such a spi11.
Air Pollution— The most serious air pollution problem is dust-
fall and suspended particulates, the latter emanating from
industries and steam-electric plants. At major street inter-
sections, the level of carbon monoxide exceeds state standards.
Other standards may be violated near major emission sources. The
trend over the past few years has been a dramatic decrease in
most types of air pollution.
Sol id Waste — Solid waste disposal is particularly important
because of its potential for contaminating the ground water, the
329
-------
source of the area's drinking water. The problem is finding a
means of disposal with minimal environmental impact.
Unregulated Growth -- Urban sprawl threatens to become more
serious resulting in the risk of losing valuable agricultural
land and natural areas.
When seeking solutions to problems such as these that are common to this
regional area, it is necessary to consider what is called the Miami Valley
Region. The Region covers 2,300 square miles and nearly one million
people. There are five counties in the area recognized as the Miami
Valley; 16 cities; 5^ villages; 69 townships; 65 school districts, and
48 other special purpose districts -- a total of 252 separate jurisdic-
tions.
The remainder of this report then focuses on some of the key environ-
mental programs in the Miami Valley and the various regional arrange-
ments utilized to implement them. These include: (l) the Miami
Conservancy District, which was created in 191^ in response to a
disastrous flood and which has extended its functions to include water
quality; (2) the Montgomery County Combined General Health District, a
single agency covering five counties for combatting air pollution; (3)
the Montgomery County Sanitation Department, which provides county-wide
incineration for refuse; (4) the Monsanto Research Corporation Mound
Laboratory, which in cooperation with the Atomic Energy Commission,
attempts to neutralize its own impact on the environment; and, (5) the
Miami Valley Regional Planning Commission, which serves to coordinate
the environmental efforts of a five-county area. When there is a
proliferation of governmental jurisdictions in an area, as is often the
case in many metropolitan areas, the effectiveness of individual units
to meet environmental problems is limited. Service levels and tax
burdens vary, economies of scale are unrealized, and often the jurisdic-
tion is not large enough to encompass the source of pollution. In the
Miami Valley there has been increasing emphasis on regional approaches
to solving environmental problems.
THE MIAMI CONSERVANCY DISTRICT
In the spring of 1913 from 9 to 11 inches of rain fell on the Miami
Valley over a five day period. The resulting destruction of the 1913
flood to the communities built in the flood plains totaled over 300
people dead and property damage of $100 million plus.
The first order of business, once some seeming normalcy was established
was to work together to form a protective plan which would end flood
threats. Over 23,000 citizens of the valley raised in excess of $2
million in cash for flood control.
There were two major institutional changes resulting from the disaster.
First, citizens formed a counci1-manager government in the City of Dayton.
330
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Second, in response to public demand, a special session of the Ohio
legislature was called in 191^ which enacted the Ohio Conservancy Act,
the basis for creating conservancy districts throughout Ohio.
Founded in 1915 under the Conservancy Act to combat area flooding, the
Miami Conservancy District was created as a political subdivision of
the State of Ohio. It had the power to levy assessments, borrow money,
condemn land to provide flood protection, and plan, construct and main-
tain structures. The Conservancy District does not have the power to
enforce regulations or to prosecute violators; State and local enforce-
ment agencies perform these functions. The District's area of concern
is defined not by county, city or township lines, but by the geographical
watershed of the streams and rivers involved.
Responsibility for the District is in the hands of the Conservancy Court,
which is made up of nine common pleas judges; one each from the Ohio
counties included: Butler, Clarke, Greene, Hamilton, Miami, Montgomery,
Preble, Shelby, and Warren. A three-man board of directors is appointed
by the Court to supervise the development and execution of the District's
activities and responsibilities. These men appoint an operating staff
for day to day management.
Originally the Conservancy District had responsibility only for flood
control. The flood control plan they developed provides protection from
a storm kO percent greater than the 1913 storm. Five large earthen dams
on the main stem of the Great Miami and four of its tributaries (Laramie,
Stillwater, Twin Creek, Mad), together with levees and channel improve-
ment in the major cities of Miami, Montgomery, and Butler counties,
provide the residential and commercial communities with as effective a
flood protection system as may be found anywhere in the U. S.
The original Miami system was completed in 1922 at a cost of $38 million.
Areas which were rural in 1915 but are urban today have since asked to
participate in the district and have been extended protection. Since
World War II, $12 million in flood control has been added.
The Conservancy District flood protection goal yet to be achieved is the
purchase of all the land in the flood plains. In addition to providing
added protection from floods, this would provide a related recreational
benefit. Even now, since the dams are "dry" dams (only storing water
during floods), the wooded areas on the upstream side of the dams are
leased to the Montgomery County Park District for recreational use.
The Miami Conservancy District broadened its scope when it became directly
involved in water quality after passage of the national water quality act
in 1965. A committee was formed under the sponsorship of the Dayton
Chamber of Commerce representing all permit holders, including industries,
counties and municipalities, as an act of resistance to the standards
proposed for the Miami River. The District served in a technical advisory
capacity to this committee.
331
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In 1967 the Conservancy District was charged by the State of Ohio with
responsibility for planning, developing and guiding an effective pro-
gram for improving water quality in the District's watershed. The
work to date has been financed mainly by six counties and 53 industries
and municipalities holding Ohio permits to discharge wastes Into the
Great Miami River and its tributaries. In addition, substantial Federal
funds were provided in the form of a grant from the Federal Water Quality
Administration. A three year study resulted in the following program
recommendations: (1) water quality management; (2) stream appearance;
(3) in-stream aeration; (4) low flow augmentation; (5) regional treat-
ment of non-aqueous wastes; and, (6) regional wastewater treatment.
1. The Water Quality Management Program has been functioning
since 1967. It involves water measurement, testing and
analysis. It provides the data on which other water-related
judgments and recommendations have been made. The District
has set up 36 sampling stations along the Miami River and
its tributaries. Six of these are monitored continuously
and the remainder are sampled only periodically. In addi-
tion samples are taken at 60 outfalls on the river at random
intervals throughout the year (more samples are taken by the
U. S. Geological Survey and the State Natural Resources
Department).
Stream survey data collected by the District as part of the
sampling network is analyzed and computerized to develop a
mathematical description or "model" of the river. Data in
the model includes temperature, dissolved oxygen, stream
flow, environmental conditions, and the like. By altering
one of the variables, the model will describe changes in
the total river. Thus, the model is valued as a planning
tool.
2. The stream appearance program is being pursued in several
ways, including contacting those landowners and operators
permitting or contributing to undesirable stream appearance.
The regulatory and enforcement powers of the State (Division
of Wildlife) or local law enforcement agencies (as In the
case of zoning) are enlisted when necessary. In the summer
teenagers are employed to clean up along the river.
3. The first mechanical aerator was put in operation on the river
In the summer of 1970. Since then two more have been added.
In essence, the aerators work like a giant eggbeater, stirring
up the water and exposing It to the air. Transfer of oxygen
to the water not only helps sustain aquatic populations, but
also aids the natural decomposition process. Experimentation
with other methods of aeration, such as air injection and pure
oxygen transfer, Is also planned.
4. Studies show that adding water to the Great Miami River at
Dayton during the dry season to maintain a rate of flow of at
332
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least 600 cubic feet per second would help maintain required
water quality standards. Boosting the flow of the river
would be needed only during that part of the year when the
stream cannot flow at this rate unassisted. All other things
being equal, the greater the volume and velocity of the flow,
the more effective the stream's ability to assimilate wastes
and the faster high-temperature effluents are cooled. The
Ohio Water Pollution Control Board has required that low flow
augmentation be included in any water quality plan proposed
for the Great Miami River Basin,
The development of regional facilities for the collection and
destruction of non-aqueous liquid residuals, e.g., gasoline,
oil, paints, solvents, etc., is essential for any plan to
maintain water quality. Private enterprise is currently being
encouraged to develop appropriate treatment facilities. Fail-
ing this, the District plans to undertake the task.
In 1968 the City of Franklin, Ohio, approached the District
for assistance. They were under orders to clean up their
effluent discharge. The problem was compounded by five paper
mills also discharging in the same area. The District con-
structed an area wastewater treatment plant near Franklin to
serve the city and its five paper mills and capacity to serve
an area of 75 square miles. By agreement, Franklin collects
the wastewater, regulates discharges into the system, and
delivers it to the plant, which is operated by the District.
Design criteria for such regional water treatment facilities
include ability to accommodate changing loads, variable
stream conditions, new water quality standards, increased
user participation, and the latest technological techniques.
There are financial savings also due to a single location,
lower total equipment cost, lower costs for power and chemi-
cals, a centralized laboratory and a smaller highly qualified
staff.
The Franklin Environmental Control Complex. The wastewater
treatment facility in Franklin is unique for several reasons.
For one thing, it is built adjacent to and designed to com-
plement a solid waste recovery and disposal facility (also
located on District-owned land). The two waste facilities
work together in a mutually supportive manner: as one treats
wastewater including the wastewater from the recycling plant,
the other disposes of solid waste, including recovered waste
material (sludge) from wastewater treatment. Also, the
purified effluent from the wastewater plant is used as the
process and cooling water supply for the solid waste plant,
and the ash from the solid waste plant is used as a settling
agent in the wastewater clarifier (See Figure I). Project
engineers estimate that this relation reduced capital costs
alone by
333
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o
o
o
o
— CC
UJ Z
cc. o
=> <_)
u. <
o
a:
c
(0
Q-
C
O
2
(0
o
(0
4)
I-
o
in
33^
-------
Regional Wastewater Treatment Plant. The wastewater treatment
plant has a capacity of 4.5 million gallons per day (mgd) and
is currently handling about 2.5 mgd. The effluent entering
the plant (approximately 1100 pm) averages five times the
strength of "normal" raw sewage. The lowest recorded removal
rate was 93-5%.
The plant is completely automated, requiring only one operator
approximately 30 hours per week. Sampling and monitoring is
tied into a computer at the District's headquarters in Dayton.
All critical plant functions are alarmed, with any failure
activating a self-dialing telephone to the police dispatcher.
There are complete backup systems, including standby generators.
Should an emergency arise putting a primary clarifier out of
service, the system is set up so that the entire flow can be
diverted to the other clarifier. If both clarifiers should
malfunction, wastewater can be diverted directly into one of
the three aeration basins. There is n£ bypass available
allowing untreated wastes to discharge directly into the Great
Miami River. (See Figure 2.).
The Hydrasposal/Fibredaim Sol id Waste Recycling Plant. To
meet an immediate problem in disposing of its solid wastes and
to accommodate its future needs, the City of Franklin, Ohio
embarked on a plan with a private business, the Black Clawson
Company, to build a solid waste recovery plant. The idea for
the plant was Initiated by a Franklin City Councilman employed
by Black Clawson.
The plant was constructed under a two-thirds grant from the
Bureau of Solid Waste Management, U. S. Public Health Service,
HEW (now the office of Solid Waste Management Programs, EPA).
Ground-breaking ceremonies were held in September, 1970 and
the plant went into operation in mid-June, 1971- The plant is
being operated by Black Clawson Fibreclaim, Inc., under a
management contract with the city.
The plant is designed to handle a capacity of 150 tons per day.
However, they are currently operating at the level of 50 tons
per day. Private haulers bring refuse to the plant and are
charged $6.50 per ton for disposal. Through a variety of
processes, the plant then separates ferrous metals, aluminum,
glass and paper fibres for reuse. The non-recoverable organic
materials, plus the sewage sludge, is fed into an incinerator
for burning. Non-recoverable inorganic materials are taken to
a landfill (see Figure 3 for a breakdown on the types of
materials treated and their final disposition).
To control its own environmental Impact, the facilities were
located on a large tract of ground on the outskirts of Franklin.
A high volume air sampler Is located nearby to test the air
335
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FIGURE 2
FRANKLIN AREA WASTEWATER
TREATMENT SYSTEM SITE PLAN
No. 1
Aeration Basins
No. 2
No. 3
0-
•Aerators
Primary
Building
Hydraposal/
Fibreclaim
Plant
Secondary Clarifiers
econdary Bui Id ing
Chlorination Tank
Outlet
•Sea 1 e
Great
Miami River
SOURCE: Miami Conservancy District
336
-------
FIGURE 3
--zur. nr:_j
HYDRASPOSAL/FIBRECLAIM MATERIAL BALANCE
DELIVER
LBS. MATERIAL
25
10
8
17
40
PAPER
00
PROCESS
RETURN TO
ATMOSPHERE
LAND
YARD WASTES
TEXTILES
3I.5(ENERGY)
5.5(ASH)
RECYCLE
0.5 (ALUM.)
(IRON)
(GLASS)
56.5
15.0
(PAPER)
28.5 100
JALANCE
HYDRASPOSAL/ FIBRECLAIM
SOURCE: The Black Clawson Company
337
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quality. And, test wells are used to sample ground water for
contamination. These wells found some Initial contamination,
but this no longer seems to be a problem.
The City of Mlamisburg and the Miami Conservancy District are
jointly studying the feasibility of connecting the Miamisburg
wastewater plant to the Franklin regional plant for excess
flows above the design capacity of the Miamisburg plant and
for sludge disposal.
Additional tasks in the water quality area that the District is undertaking
are: (1) building and operating two additional regional treatment plants,
and (2) studies of landfill contamination of ground water and the movement
of pollution In aquifers.
Money to operate District programs comes from three sources. Flood con-
trol funds are obtained via a property tax long collected for District
by the County Auditors. Water quality programs are funded by fees
charged the discharge permit holders. And wastewater treatment costs,
e.g., the Franklin plant, are charged to the users through the City.
The example of the Conservancy District Is an important one for the region
because of the pattern of intergovernmental cooperation it has been
setting for nearly sixty years. The philosophy of the District has been
to restrict itself to the field of water management, to avoid duplication
of efforts, and to act as a service agency or resource for businesses and
governments.
District General Manager L. Bennett Coy admitted that "minor" conflicts
exist, certainly. "Sometimes regional planners act as though they were
the real professionals in the water field — knowing the best treatment
for a given area — controlling population growth by suggesting negative
action on sewer and water applications... On the other hand cities often
ignore the possibilities of real benefits by regional or sub-regional
action — particularly in the waste treatment and water supply areas...
Similarly, special districts, with their highly technical staffs may take
positions in areas well beyond their expertise and capability, particularly
in regard to population shifts and matters allied to water use, but beyond
their jurisdiction.
"But in our area, in the Miami Valley, we have found a way to overcome
most, if not all, of those problems. Basically, and for lack of a better
phrase, we have evolved, by trial and error, a relationship that may be
termed comparable to that of a "consenting adult" situation. We do things
together that may not be well covered by law, but that, in the long run,
are for the general good of the area and certainly beneficial to the
participants." For example, the District provides comments on all water-
sewer applications via the A-95 process conducted through two of the re-
gional planning agencies in the Miami Valley. Also, the District, with
information provided by cities, counties and regional agencies, developed
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the Water Quality Improvement Plan for the Great Miami River.
In the few years the Miami Conservancy District has had responsibility
for water quality, a totally integrated wastewater planning and management
system has not been achieved. However, the trend has been toward develop-
ing a coordinated regional program, and substantial progress has been made
through the development of a regional plan and construction of regional
facilities.
As the regional wastewater system continues to develop, it is not yet
certain what the institutional framework wi11 be. Recent federal legis-
lation (Section 208 of the 1972 Water Pollution Control Act Amendments)
encourages regional systems. However, both the special districts, e.g.,
the Miami Conservancy District, and the regional councils, e.g., the
Miami Valley Regional Planning Commission, are competing for the role.
MONTGOMERY COUNTY COMBINED GENERAL HEALTH DISTRICT
At one time each township, village and city in Montgomery County had its
own health officer, who, on a part-time basis, carried out many of the
same functions that a sanitation inspector performs today. In 1918 the
State adopted legislation allowing the formation of General Health Dis-
tricts as political subdivisions of the State of Ohio with responsibility
for health functions. The General Health Districts are governed by an
advisory board consisting of representatives from member townships, villages,
and cities. The advisory commission appoints a 5-member board of health.
In the Miami Valley the larger incorporated urban areas generally created
their own health agencies, while the Montgomery County General Health Dis-
trict covered the remainder of the area.
In 1956 the first air pollution regulation in the area was designed for
the City of Dayton. At that time, neither business nor government seemed
too interested in taking preventative measures against air pollution.
Dayton's interest stemmed from attempts to curb the emissions from their
incinerator. They eventually assembled a three-person staff located in
the Department of Services and Buildings. This staff served as technical
resources in the area for several years.
The Montgomery County General Health District passed its first air pollution
regulations in I960 and began a modest enforcement program. This was done
to provide uniform standards for area inside the County as well as the City,
as the City began to move against some asphalt plants.
When the Clean Air Act of 1963 was passed, grants became available for
training on air pollution. This enabled the Health District staff to gain
valuable expertise of their own.
In 1967 Montgomery County became one of the first counties in Ohio to study
air pollution. Beginning with an initial grant of $20,000 ($15,000 in-kind)
from the County and $5,000 from the City of Dayton, a $75,000 federal grant
was received for a two year study identifying local air pollution problems.
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As a result of the 1967 Clean Air Act, the Air Pollution Control Section
of the Health District was able to develop several programs aimed at
controlling and reducing air pollution. One of the first actions was to
purchase a mobile trailer to be used as a testing laboratory. Today
there are six mobile laboratories and 64 sampling stations. The sampling
stations are located on public sites such as fire stations or schools
throughout the region.
In March, 1971 the Combined General Health District was formed as agree-
ments were reached with five counties — Montgomery, Miami, Greene, Clarke,
and Preble -- and the City of Dayton, to provide an air pollution program.
Subsequently the size of the Montgomery County Combined General Health
District health board was expanded to nine members — five from Dayton.
While these counties have centralized health functions in County Health
Districts, most of the larger cities retained their health boards. Thus
each policy change made by the Combined Health District must receive
approval from each of the city and health district boards. A few commu-
nities, e.g., Oakwood, have maintained their own staff. However, they
still contract with the Montgomery County Combined Health District for the
air pollution control program (See AddendumC) .
Originally Health District funding was principally charges levied against
member jurisdictions. This limited source of revenue permitted few
extensive or new programs. The development of the successful air pollu-
tion control programs by the Montgomery County Combined Health District
was dependent upon outside funding. The current budget provides for a
staff of approximately 30 and a total budget of approximately three-
quarters of a million dollars.
Based on air pollution data compiled over the years, the level of pollution
has decreased in virtually every category. Compliance has generally been
achieved without major litigation, although often hearings before the
board were necessary to confirm intent to enforce the standards.
Perhaps one of the most innovative and unique efforts within the Regional
Air Pollution Control Agency is an unusual combination of law enforcement
and ecology that has resulted in an environmental patrol program. The
overall strategy of the program has been to teach policemen to become
environmentalists. Experienced police officers with an interest in eco-
logy are trained to deal with violations of the "environment". Wearing
green uniforms with an ecology patch on one sleeve and a gun on one hip,
the environmental policemen patrol several neighboring counties watching
out for flagrant environmental violations such as illegal dumping or
potential health hazards such as rabid dogs. They issue citations similar
to parking tickets that warn the abuser to correct the violation within
five days or else appear in court. Although the Idea of gun-toting
environmentalists disturbed quite a few individuals, the psychological
effect of the men in green appearing before community groups and schools
voicing the legal aspect of ecology, has strengthened their role in the
protection of the environment.
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What has been responsible for the success of this program? Perhaps the
most important factor has been the leadership and support of local offi-
cials. Officials have backed up the enforcement efforts in the face of
charges that industries would be forced to leave town or shut down.
Second, there has been widespread public support from both the business
community and citizen groups. Movement within the citizens of the Mont-
gomery County area began with the efforts of the local Tuberculosis
Association and gradually expanded into what is now called CAC — Citizens
for Cleaner Air Committee. CAC has encouraged stronger regulations. In
addition, the Chamber of Commerce became supportive of the air pollution
program. A third positive factor is the ordinance itself, which is
reported to be one of the strongest in the Nation. Finally, the ability
to address the problem of air pollution on a regional basis has increased
effectiveness.
MONTGOMERY COUNTY SANITATION DEPARTMENT
Until three years ago, solid waste in Miamisburg and most of Montgomery
County was disposed by means of landfills. As early as 1956, however,
improper landfill operation and a dwindling supply of available land led
county officials to consider other alternatives. Public concern, spurred
by newspaper coverage, developed over the threat of ground water contami-
nation from landfills. This had major implications for all localities,
since virtually all of the drinking water in the area comes from under-
ground rivers.
At the same time the county began investigating incineration, the City of
Dayton decided that their own incinerator needed to be replaced. Subse-
quently, a consultant study for the Montgomery County Health Department
led to the recommendation that a county-wide disposal system be established
where solid waste would be collected and transported via transfer stations
to incinerators for disposal. It was further recommended that the incin-
erators be owned and operated by the county because of their greater
borrowing power. Finally, the study proposed that two incinerators be
constructed initially.
A companion study was conducted to determine the equitable locations for
the incinerators. Essentially it recommended that one be located in the
north and one in the south. The precise location became quite a political
issue, as no community wanted the incinerator within their boundaries,
but they did want it to be convenient for lower transportation costs.
Eventually, one was located in the county and the other in the City of
Moraine. The site selected in the City of Moraine was predominantly
industrial land that had been reclaimed from a landfill. In return for
accepting an incinerator, Moraine received a new road.
The system was designed in 1958 and was later updated to anticipated EPA
standards. Construction began in 1967 and operation began in 1970. Cost
of the capital facilities totaled approximately $8 million. Once the
plant was constructed, the County Health Department began closing land-
fills. Currently all landfills in the County are closed except for three
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that can accept no domestic waste. One of the primary sources of con-
tention came from the private haulers, because it increased their
operating cost. Private haulers remain one of the major problems facing
the system today. It is known that some garbage is transported out of
the county for disposal. The County receives assistance from most
municipalities in enforcing the incineration law, and the County even
trails garbage trucks with an airplane in an attempt to reduce the
"bootlegging."
The incinerators have a capacity for 300 tons per day each, with built-in
expansion capability. Currently the north plant is operating at 50 per-
cent of capacity and the south plant at around 90 percent. The large
difference in utilization reflects a much more rapid growth In the
southern section of the metropolitan area than was anticipated. It is
estimated the system handles 75 percent of the petrucible garbage in the
county. Approximately a 90 percent reduction is achieved.
The originally cost of refuse disposal at the incinerator was $3-50 per
ton. Until recently haulers were charged $7-90 per ton. Now, however,
the rates have increased dramatically to $12.50 per ton. Plus, the
county subsidizes the operation k2 cents on every ton.
The system is operated by the County Sanitation Department, under service
agreements with the local governments in the County (see the attached
agreement, Addendum d, between the City of Miamisburg and Montgomery
County). Generally, the agreements cover all solid waste with the
possible exception of some materials that are part of recycling programs.
For example, the cities of Oakwood and Miamisburg shred brush or old
Christmas trees for use as mulch, and Oakwood also collects newspapers
separately and sells them for recycling (thus far the returns from the
sale has been sufficient to meet operating costs). Seven of thirteen
municipalities in the County have formal contracts. The remaining six
cities participate and pay on a fee basis. The cost per ton is the same.
The agreements also provide for an Advisory Board to the program made up
of six members; one appointed by the County, one by the City of Dayton,
one by the Montgomery County Mayor's and Manager's Association, one by
the Dayton area Chamber of Commerce, one by the recognized association
of refuse haulers. While the purpose of this group is to resolve problems,
in practice there is some question as to its effectiveness. One board
member explained that the board is not really used.
The system is presently having difficulties with environmental problems.
An attempt is being made to recycle the process water used. However,
the pH of the water is so low (acidic) that it causes major corrosion
damage to pipes and stacks. Disposal of the ash residue is also a prob-
lem. This material is not exempt from the County landfill ban. Conse-
quently, it is piled beside the incinerator, waiting for a decision on
what to do with it. The major environmental problem is the failure of
the incinerators to meet the air quality standards. The County Air
Pollution Control Section recently obtained an order to "cease and desist"
the pollution of the air. This problem developed as a result of changing
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air quality standards. The recent adoption of stricter standards put
the Incinerator emissions above the allowable level of participates.
The air pollution problem has directly contributed to the financial crisis
and the rate increase to $12.50 per ton. The anticipated modifications
will cost an estimated $4 million. The rate increase will have an imme-
diate impact on cities (Miamisburg's costs will increase $40,000, and many
local officials were threatening to break their contracts.)
Among the longer range alternatives being considered as solutions to the
environmental problems are: (1) the development and sale of steam; and
(2) the use of residue to fill the open pit mines in the southeastern
part of the state.
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MIAMI VALLEY REGIONAL PLANNING COMMISSION
The Miami Valley Regional Planning Commission (MVRPC) membership consists
of five counties — Clarke, Greene, Mi-ami, Montgomery, and Preble — and
31 municipalities in the Dayton metropolitan area. These jurisdictions
represent 97 percent of the regional population. Each county appoints
two members to the Commission and each municipality appoints one. These
members are predominantly elected officials.
Funds to operate MVRPC come from membership assessments, local money for
special projects, and federal grants. Membership fees are assessed at
the rate of 15 cents per capita (counties pay for unincorporated areas
only). A few special projects for local agencies are funded separately.
The balance of the budget is derived from federal grants, primarily the
HUD "701 Program".
MVRPC concern for the quality of the environment dates back to the "State
of the Region Report" in 1966, where the problems of air and water pollu-
tion were summarized and the future impact projected. The Commission's
role in environmental management includes chiefly the following efforts:
(1) technical assistance; (2) planning assistance; (3) A-95 review; and
(k) promotion of public participation. In general, the goal of the
Commission is to serve as a vehicle for coordinating policies and plans
throughout the regional area.
MVRPC has both an environmentalist and water management specialist on the
staff to act as technical assistance resources. An attempt has been made
to avoid building a staff duplicating expertise in another agency. Con-
sequently, the Commission often relies upon existing resources, e.g., the
county air pollution staff, or local university staff for noise expertise.
In 1967 MVRPC published a report on the "Natural Resources of the Miami
Valley Region." The purpose of the report was to inventory the natural
resources of the region, analyze some of the associated problems, and make
recommendations relative to managing these resources. Topics discussed
include: geology and minerals, soils, water, biological resources (e.g.,
fish, wildlife), climate and precipitation, flood plain encroachment,
water pollution, air pollution, and policy issues and recommendations for
proper maintenance and use of resources. This report served as the
technical base for the consideration of other environmental programs
throughout the region.
Another example of the technical assistance provided is the "Status
Report on the Quality of the Environment" published in 1970. This report
attempts to critically evaluate the broad range of environmental problems
and programs over the entire regional area, including air pollution,
water pollution, solid waste, unregulated development, noise, and aesthetics.
Not only does this report evaluate current programs, but it also recommends
future action needed. The report requires action to be taken by no one,
except as may be persuaded by the validity of the arguments.
MVRPC staff has also provided assistance in preparing environmental impact
statements (e.g., Environmental Impact Statement on Iron Horse Park, 1972).
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This assistance has been offered to both public agencies as well as
citizen groups. Generally, agencies contract with MVRPC for the work
and finance the cost incurred. Work for citizen groups has been, in
part, at partial charge.
The environmental planning efforts of MVRPC began in 1967 with the
issuance of the Open Space Plan (the plan was updated in 1972). Other
plans include water and sewer master plans and programs for all five
counties, and the Miami Valley Regional Bikeway Plan. These planning
efforts were made possible primarily through the availability of federal
financing.
MVRPC has been designated by the federal government as the A-95 review
agency for the region. As such, it has the authority to review all
federally aided projects in the region to insure their consistency with
areawide planning efforts. Recently the State of Ohio extended similar
authority to review state financed projects. The review process pro-
vides a mechanism to relate programs in various functional areas (e.g.,
water, housing) as well as programs developed by different jurisdictions
(e.g., sewage treatment in Franklin and Miamisburg). The review carries
with it the sanction of withdrawing approval for projects and thus the
loss of the federal or state funds. An example in point is the case
where two small municipalities only a few miles apart each decided to
seek independently federal funds for the construction of sewage treatment
facilities. MVRPC, supported by technical assistance from the Conservancy
District, found that two separate plants would result in unnecessary
duplication and expense. Thus approval was withheld. Also, MVRPC has
been quite aggressive in the use of A-95 review procedures for implement-
ing "fair share housing" in the region.
MVRPC has been an active proponent of citizen participation in the
decision-making process in the region. In the previously mentioned "Status
Report on the Quality of the Environment" MVRPC repeatedly criticizes
environmental agencies for their failure to involve citizens. The key
elements of MVRPC's citizen involvement program are information and oppor-
tunity. The extensive publications program of the Commission is aimed at
providing some of this information for citizens. Also, the A-95 review
process includes circulating copies of plans and policies to interested
parties, including citizen groups. And in some cases, the Commission has
gone so far as to provide the staff assistance necessary to publish news-
letters for citizen groups, e.g., the Stillwater River Association, a
nonprofit environmental group "dedicated to the preservation of the
beautiful and natural Stillwater River."
As with most regional planning commissions across the nation, the future
of MVRPC is far from predetermined. The effectiveness of the Commission
has been limited because (1) financial constraints tie planning efforts
to areas that are eligible for federal funding; and (2) the absence of
authority to implement plans.
The role of the Commission over the next five years is not yet clearly
defined. Discussions are underway in the region concerning combining
-------
the Commission with the local Council of Governments. In addition the
State of Ohio is developing a system of substate districts, with the
impact on MVRPC yet to be determined. Finally, the Federal Government,
under Section 208 of the Water Pollution Control Act Amendments of 1972,
seems to be willing to allow special districts, such as the Conservancy
'District, to assume some of the responsibility for functional planning.
All of these events lead to a general atmosphere of uncertainty for the
future.
CONCLUSION
Several different types of regional arrangements for environmental
management are being Used In the Miami Valley area, including: conser-
vancy district, multi-county health district, contracts for county-wide
refuse disposal, joint (federal - private - local) facilities, and
regional planning commission. The specific examples described are not
"ideally" successful, and are constantly challenged by new problems.
However, they do represent attempts on the part of several jurisdictions
to address environmental problems on their regional basis.
The regional approach to environmental management illustrated In this
report does not include an example of a single al1-encompassIng regional
environmental agency. Rather a unique arrangement was devised for each
problem as it arose. This approach has the advantage of increasing the
likelihood of political acceptance by the various jurisdictions and
providing a structure responsive to particular problems.
The disadvantage of using a variety of regional approaches is that there
is a need to look at environmental management In a comprehensive manner,
e.g., what is the impact of this method of solid waste disposal on air
quality. This perspective does not exist in the Miami Valley, except
through the regional planning commission. While the MVRPC fulfills this
role in part, their activities still are not inclusive of all segments
of the environment on a continuing and in-depth basis.
It is clear from this study that no one regional approach is the solution
for all problems in all regions. This is primarily because the problems
vary from area to area. Second, the size and scope of a region may change
from problem area to problem area. Also, the institutional framework,
both existing and what is potentially acceptable, is different between
regions. The key to adopting a regional approach is not the technical
problems but the political-administrative problems. Governmental juris-
dictions are not likely to work for regional programs solely for the sake
of having regional programs. There must be a perceived benefit, such as
lower cost, to offset the accompanying liabilities, which may include
some loss of autonomy. Achieving a situation where each of several juris-
diction perceives a "net" benefit is not an easy task.
What, then, are the factors that have led the Miami Valley into regional
programs? Some of the factors are:
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1. Common Environmental Problems and Crisis. Banding together
to rebuild after the flood or to meet water quality standards
is an example.
2. High degree of Professionalism. ICMA survey results substan-
tiate greater local cooperation among counci1-manager cities.
3. Conscious Efforts to Cooperate. For example, regular meetings
of area mayors - and managers are held to discuss current
problems. And, the City of Dayton has designated a staff liai-
son with the suburban communities.
Factors such as these obviously are present in areas throughout the
nation and make regional arrangements a viable strategy for local govern-
ments. Although the specific arrangements in existence may or may not be
directly transferable to other regions, an awareness of the alternatives
is a vital step in developing regional approaches.
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ADDENDUM a.
REFERENCES
A. Personal Interviews
Dale Bertsch
Executive Director
Miami Valley Regional Planning Commission
John Laney
City Manager
Miamisburg, Ohio
Robert H. Mears
Mayor
Miamisburg, Ohio
David Foells
City Manager
Oakwood, Ohio
Ted Gabler
City Manager
Vandal la, Ohio
Jerry L. Hebb
Manager
Personnel Safety and Environmental Control
Monsanto Research Corporation
Miamisburg, Ohio
William H. Westendorf
Environmental Control Manager
Monsanto Research Corporation
Miamisburg, Ohio
L. Bennett Coy
General Manager
The Miami Conservancy District
38 East Monument Avenue
Dayton, Ohio 45^02
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Personal Interviews cont'd
Timothy J. Doyle
Project Engineer
Planning and Development
The Miami Conservancy District
38 East Monument Avenue
Dayton, Ohio
Robert J. Schroer, Jr.
Assistant Chief Engineer
Water Resources
The Miami Conservancy District
38 East Monument Avenue
Dayton, Ohio
Wesley A. Flower
Chemical Engineer
The Miami Conservancy District
38 East Monument Avenue
Dayton, Ohio
B. Publications and Reports
"Air Quality Report, Jan.-Dec., 1970" Metropolitan Dayton
Intrastate Air Quality Control Region
"Air Quality Report, Jan.-Dec., 1971" Regional Air Pollution
Control Agency
"Air Quality Report, Jan.-Dec., 1972" Regional Air Pollution
Control Agency
"Environmental Monitoring Summary, Jan.-June, 1972"
Mound Laboratory
"Hydrasposa1/Fibreclaim:Solid Waste Recycling Plant"
Black Clawson Company
"Iron Horse Park:Environmental Impact Statement"
Maimi Valley Regional Planning Council, Sept., 1972
"Managing Water Quality... A Job of The Miami Conservancy District"
"Montgomery County Combined General Health District Air Pollution
Control Regulation", 1972
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Publications and Reports cont'd
"Mound Lab and the Environment" by Monsanto
"Mound Laboratory Environmental Control Program, 1973"
"Natural Resources of the Miami Valley Region," Miami Valley
Regional Planning Council, June, 1967
"The Ohio Conservancy District Act Annotated", The Ohio Conservancy
District Conference, W. H. Anderson & Co., 1970
"Open Space in the Miami Valley Region", Miami Valley Regional
Planning Council, Jan., 1972
"Public Health NewsrAnnual Report 1971", Montgomery County
Combined General Health District
"Region Believes in Mutual Aid", News 1eaf
Ohio EPA, Vol. 1, No. k, Feb., 1973
"Regional Council, Local Governments and Special Districts"
L. Bennett Coy, Paper Delivered to the Seventh Annual
Conference of Regional Councils, Feb. 26, 1973
"Regional Water Quality Management Official Plan"
Miami Conservancy District, Apr. 5, 1968
"Regional Water Quality Program, 1971-7V
Miami Conservancy District, August, 1970
"Regional Water Quality Program—Second Addition to the Official
Plan", Miami Conservancy District, June, 1972
"Regulations of the Ohio Air Pollution Control Board"
"Resolution Authorizing Execution of Amended Incinerator Agreement
with the City of Miamisburg", Montgomery County, Ohio
"Status Report:Qua 1ity of the Environment," Miami Valley Regional
Planning Council, Feb., 1970
"A Time For Decision", Miami Valley Regional Planning Commission
"Water and Sewer Master Plan and Program", Miami Valley Regional
Planning Council
"Water Responsibi1ity:1971 Annual Report", Miami Conservancy District
Morgan, Arthur £., The Miami Conservancy District (NY:McGraw-Hi 11,
Inc.), 1951
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ADDENDUM b.
ORDINANCE NO. 1835
AMENDING CHAPTER 1111 OF THE CODIFIED ORDINANCES OF THE CITY OF MIAMISBURG
BY ADDING THERETO NEW SECTIONS 1111.10 AND 1111.11 AND DECLARING AN EMERGENCY.
WHEREAS, it is reasonably expected that the City of Miamisburg will grow
substantially in population over the next twenty years, and
WHEREAS, new residents will cause a need for neighborhood park service
proportionate to their numbers, and
WHEREAS, the acquisition and development of park facilities to meet those
needs should be financed by the residents of new areas directly
benefitted thereby, and
WHEREAS, it is the recommendation of the Miamisburg Park and Advisory
Board that such special benefit be recognized by establishing
a fee payable on all residential units at the time of building
permit issuance,
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIAMISBURG, OHIO,
TWO-THIRDS OF THE ELECTED MEMBERS THERETO CONCURRING THAT:
Section 1.
There is hereby enacted Sections 1111.10 and 1111.11 which shall
provide as follows:
1111.10 PARKS AND PARK SITES
a) There is hereby established a fee to be paid on each
building permit issued for the construction of a
residence structure in the City. This fee shall be:
Number of Bedrooms
Fee
0-1
$A7.00
2
$63.00
3
$79.00
k
$95.00
5
$111.00
This fee is applicable to mobile homes, and other industrially
manufactured residential units where such units do not other-
wise require a building permit but where it is required that
they have a footer, foundation or other supporting slab or pad.
And no permit shall be issued for the construction of such
foundations, footers or pads and slabs until and at such time
as the appropriate fee is paid.
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Ord. No. 1835
b) All such fees shall be used for the acquisition, purchase,
development and equipping of neighborhood parks and park
sites in the City.
c) All fees collected under this section shall be placed in
the Park Capital Fund.
d) No building permit for the construction of a residence
structure in the City shall be issued unless and until
the fee provided for in this section is paid on each such
building permit issued.
e) No person, firm or corporation shall receive or be entitled
to receive the building permit for the construction of a
residence structure in the City unless and until the fee
provided for in this section is paid on each such building
permit issued.
f) Nothing contained in this section shall relieve or be
interpreted as relieving any person, firm or corporation
from complying with all other ordinances, laws, rules,
regulations of the City or of any other governmental agency
where they are now in force or hereafter enacted, regulating
and governing the issuance of building permits for the
construction of residence structures and/or commercial or
business structures in the City.
g) Not withstanding provisions in this section to the contrary,
council may, at its sole option, enter into a contract with
any person, firm or corporation, who or which is subject to
the payment of the fee established in subsection (a) of this
section. Such contract shall provide that upon the execution
and delivery by such a person, firm or corporation of a deed
of general warranty conveying to the City, and its successors
and assigns, a good and marketable title to the real estate
described in such deed, free and clear of all liens and
encumbrances thereon, such person, firm or corporation, upon
executing and delivering such deed, shall receive a credit
against the fee established in subsection (a) of this section,
which credit shall be in an amount equal to the value of such
real estate. The value of such real estate shall be determined
by negotiation between the parties or agents for the parties.
h) Not withstanding provisions in this section to the contrary,
council may, in the case of a Residential Planned unit
Development, waive part or all of the fee established in sub-
section (a) of this section. Such waiver may be granted when,
in the opinion of council, common areas, created and developed
in a Residential Planned Unit Development pursuant to Ordinance
1^82 as amended, provide recreation opportunity for the resi-
dents of said areas sufficient to impose no measurable increment
in the need for neighborhood park acreage.
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Ord. No. 1835
i) When invoking the waiver provisions contained in subsections
(g) and (h), council shall seek the written recommendations
of the Miamisfourg City Planning Commission and the Miamisburg
Park and Recreation Advisory Commission in the manner provided
by Section 4.12 of the Charter of the Municipality of Miamis-
burg.
j) All persons, firms and corporations, who or which are subject
to payment of the fee established in subsection (a) of this
section, must pay such fee, unless and until such persons,
firms or corporations are relieved of the payment of such fee
by council in the manner provided for in this section.
1111.11 OTHER OPEN SPACES
a) Provision of green belts or similar buffer areas may be
required by the Council in areas where they are desirable
to separate or protect residential subdivisions from adjacent
commercial developments, major streets or highways, railroad
rights-of-way, electric transmission lines, underground gas1
transmission mains, other underground public facilities,
public parks, major drainage channels, public parks or areas
of special scenic or historic significance.
Such provision of land shall be in accordance with
Section 1111.10 (g).
Section 2.
This ordinance is declared to be an emergency measure necessary for
the immediate preservation of the public, peace, safety and welfare and for
the further reason that the accumulation of funds for neighborhood park
acquisition and development is required to begin at the earliest possible
date, therefore, this measure shall take effect and be in force from and after
its passage.
Passed: May 18, 1971 Attested: Marcel la E. Clark
Clerk of Counci1
Approved: Robert H. Mears, Sr.
Mayor
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ADDENDUM c,
"1973" CONTRACTUAL AGREEMENT
BETWEEN MONTGOMERY COUNTY COMblNED GENERAL HEALTH DISTRICT
AND THE CITY OF MIAMISBURG
TO: Mayor 6 Counci 1
Miamfsburg, Ohio
ATTENTION: Mr. John Laney, Manager
"By unanimous consent of the Montgomery County Board of Health, as shown
in the minutes of thetr regular meeting conducted July 5, 1972, the
Board of Health agrees to conduct a public health program and render
public health services for the City of Mlamtsburg for one year commenc-
ing January 1, 1973, equivalent to the program carried on within the
Montgomery County General Health District.
For such services, the City of Miamisburg agrees to pay to the Montgom-
ery County Board of Health the sum of twenty-one thousand seven hundred
forty seven dollars ($21,7^*7) plus the amount of reimbursement received
from the State Treasurer and generally known as State Subsidy to local
public health.
The Montgomery County Board of Health agrees to furnish such health
services as the General Health District is receiving so far as the pres-
ent budget will permit."
SIGNED:
President-Montgomery Co. Bd. of Health
DATE:
Health Commissioner - Montgomery Co.
The City of Miamisburg accepts the above Contractual Agreement.
SIGNED:
Mayor of Miamisburg City
Manager of Miamisburg City
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CITY OF MIAMISBURG
ORDINANCE NO. 1980
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
THE MONTGOMERY COUNTY COMBINED GENERAL HEALTH DISTRICT FOR PROVISION OF
PUBLIC HEALTH SERVICES DURING THE YEAR 1973 AND ESTABLISHING THE COST
THEREOF AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIAMISBURG, STATE OF OHIO,
TWO-THIRDS OF THE ELECTED MEMBERS THERETO CONCURRING THAT:
Section 1
Section 2.
Section 3-
The City Manager is hereby authorized to enter into a
contract with the Montgomery County Combined General Health
District to conduct a public health program and render
public health services within the City of Mlamisburg during
the year 1973.
Cost of said contract is hereby established as $21,7^7.00
plus the amount of reimbursement received from the State
Treasurer as State Subsidy to local public health.
This measure is declared to be an emergency measure necessary
for the immediate preservation of the public peace, health
and welfare and for the further reason that Council desires
said contract to be in effect at the earliest date, therefore
this measure shall take effect from and after its passage.
Passed:
Attested:
Clerk of Counci1
Approved:
Mayor
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ADDENDUM d.
AMENDED AGREEMENT
WHEREAS, the problem of the removal and disposal of garbage and
refuse has become so acute In Montgomery County, particularly within the
cities and urbanized areas, that it will, unless solved, vitally affect
the public health, safety, and welfare of the inhabitants thereof, and
WHEREAS, the officials of the various participating political
subdivisions are in accord that incineration is the most practical solution
of this problem, and
WHEREAS, it is to the public interest that such incineration be
accomplished in the most economic manner commensurate with sound engineer-
ing practices in the construction, maintenance, and operation thereof, and
WHEREAS, the fiscal advisors for the County in financing part of
the cost of constructing the incinerators described herein by the issuance
of revenue bonds under Section 133.06 of the Ohio Revised Code, have recom-
mended that to make such bonds marketable it will be necessary to make more
definite and certain the sufficiency of disposal or incineration charges,
and
WHEREAS, it is necessary to amend the agreement between Montgomery
County and the City of , dated ;
NOW, THEREFORE, the parties hereto hereby mutually undertake promise,
and agree as follows, to wit:
DEFINITIONS
As used herein, the following words and phrases shall be interpreted
to mean:
"County" shall mean Montgomery County, Ohio
"City" shall mean City of Miamisburg
"Disposable waste" shall mean all garbage and combustible
refuse, including cans, bottles, and other food con-
tainers, provided, however, that leaves, Xmas trees, and
other similar items may be excepted, upon recommendation
of the Advisory Board and approved by the County.
"Landfill waste" shall mean all other materials not designated
as disposable wastes.
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"Licensed Haulers" shall mean any hauler who has been
duly licensed for the hauling of refuse or trash in
conformity with the regulations of the Board of Health
of Montgomery County General Health District, per
Sanitary Regulations of the Board of Health of Mont-
gomery County under general authorization of the Revised
Code of the State of Ohio, 3707.01 et seq.
"Approved Disposal Site" shall mean any location or area
approved by the district Board of Health for disposal
purposes.
1. THE COUNTY SHALL:
(a) Undertake the construction, maintenance, and operation of
garbage - refuse disposal plants in accordance with the General Plans and
Specifications - recommended by the Joint Incinerator Study Committee,
dated May 6, 1965;
(b) Employ a consulting engineer who will be recommended by the
Joint Incinerator Study Committee and who shall be responsible for the
preparation of construction on plans and specifications to be used in
obtaining bids on the incinerators and their facilities; shall advise the
County in the awarding of contracts and shall supervise the construction
involved in such contract;
(c) Issue such bonds as are necessary to cover the entire costs
of the engineering and construction of the incinerators, land, and other
facilities which bonds shall be payable out of the revenues derived from the
rates and charges hereinafter provided for;
(d) Take such action as is necessary:
(1) to require all political subdivisions within the county
either by agreement or by regulation of the Montgomery
County General Health District to provide for the dis-
posal of their disposable waste and landfill waste by
the use of the official County disposal plan;
(2) to have all waste that is collected hauled to an approved
disposal site;
(3) to regulate and control, in addition to the incinerators,
all landfills within the County, but outside the Municipal
Corporation;
(4) to prohibit any landfill or disposal facilities within the
County, but outside the Municipal Corporation, which is not
incorporated and made a part of the official County Refuse
Disposal Plan.
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(e) To provide for an Advisory Board to be made up of six (6)
members, one of whom shall be appointed by the County, one by the City of
Dayton, one by the Montgomery County Mayor's and Manager's Association,
one by the Dayton area Chamber of Commerce, representing industry, one by
the recognized association of township trustees, and one by the recognized
association of private refuse haulers, provided, however, that no political
subdivision shall have more than one representative on such Board; which
Board shall be charged with the duty of making recommendations to the County
insofar as the number and competency of personnel, the establishment and/or
modification of rates and charges as needed to meet the cost of management,
maintenance and operation, and debt service charges. Such Board to meet at
least once quarterly and at such other times as at least three (3) members
thereof may request with not less than four (k) members constituting a
quorum.
(f) To keep in operation the incinerator plants and the incinerator
landfill facilities every day of the year, Sunday only excepted, at least
between the hours of 7=00 a.m. and 3=30 p.m.
(g) Shall equip each incinerator plant with an automatic weighing
device which shall issue duplicate weighing receipts for each load, one copy
of which shall be handed or delivered to the truckdriver at the time of
weighing.
2. OBLIGATIONS OF CITY:
In consideration of the above and recognizing that the City owes a
duty to the residents of the City to afford them every reasonable protection
to assure their health, safety, and welfare, the City shall:
(a) Guarantee the County, upon completion and commencement of
operation of the incinerators that it will deliver through its own collection
system, and to the extent that collection is handled by licensed haulers,
require its licensed haulers to deliver to the incinerator plants all of its
disposal waste. Incinerators to be located in the vicinity of Stop Eight
Road and Bertwynn Lane;
(b) Pay to the County, and/or require its licensed haulers to pay
under rules and regulations established or to be established by the County
and the General County Health District, not to exceed $3-50 per ton for such
disposal waste in the first year of operation, said rate to apply to all
users. Thereafter the rate per ton shall be as established in accordance
with procedure prescribed by item (B) of the "General Provisions" contained
herein; provided, however, that such rate shall at all times be sufficient
to pay the expenses of operation and maintenance of the County incinerators,
the principal and interest charges of both the revenue and general obligation
bonds issued by the county, including debt service and other security re-
serves prescribed for the revenue bonds and the replacement of any monies paid
from capitalized reserve established in the bond and interest redemption
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account by the resolution authorizing the issuance of said revenue bonds.
Payment of tonnage charges shall be made within thirty (30) days after
presentation by the County to the City or to haulers licensed by the City,
or other users of an itemized invoice showing the tonnage delivered, such
invoice to be submitted monthly;
(c) To prohibit any landfill or disposal facilities within the City
which is not made a part of the official County Refuse Disposal Plan;
(d) To regulate and control all landfills within the City.
GENERAL PROVISIONS
A. IT IS MUTUALLY UNDERSTOOD AND AGREED that the annual tonnage
rate used herein is based upon the estimated weights contained in the report
and survey on refuse disposal problems ^hich has been in the report and survey
on refuse disposal problems) which has been prepared by the consulting engineer,
as applied to the total construction and installation costs, which also in-
cludes land acquisition, engineering and consultant fees, operating costs, all
debt service charges, and capitalized interest for the period between the sale
of the County securities and the time that the facilities are in operation on
a revenue producing basis.
B. This rate is to be reviewed annually by the Advisory Board as
provided by Item 1 (e) hereof, and such Board shall make recommendations for
adjustments depending upon the experience and costs resulting under actual
operating conditions, it being understood, however, that any new rate or rates
so established shall be uniform as to all political subdivisions.
C. Upon the faithful performance of all of the conditions and
stipulations to be performed by the parties hereto, this Agreement shall con-
tinue in full force and effect until such time as the bonded indebtedness, in
original or refunded form, incurred by the County in the installation and
operation of the facilities included herein has been completely paid and re-
tired and may be renewed from time to time thereafter for such period or periods
of time as may be mutually agreeable by the parties hereto.
IT IS UNDERSTOOD AND AGREED that this Agreement shall not be binding
upon the parties hereto unless and until like agreements have been entered
into by and between the County and the cities of Dayton, Oakwood, Kettering,
West CarrolIton, Vandalia, and Moraine, and rules and regulations of the Mont-
gomery County General Health District have been established consistent with
the provisions of this Amended Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
names and official seals this 13th day of June 1967*
City OF Miamisburg Montgomery County, Ohio
By Paul R. Stevich, Mayor By
APPROVED AS TO FORM: By Edward C. He Ike
Will Jam D. Forbes By Robert E. Kline
Prosecuting AttorneyBoard of County Commissioners
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APPENDIX 5
PIEDMONT TRIAD REGION, NORTH CAROLINA
Introduction
The Piedmont Triad Region is an elevgn county area in north central
North Carolina of 5^3 square miles." This region contains 20%
of North Carolina's population. More than 50% of the Piedmont
Triad's population is concentrated in Guilford and Forsyth counties.
Between 1970 and 2000, the population of this area is projected to
increase around kO%. Since it was not possible to study the entire
Piedmont Triad, this field study focused on the two primarily
urban counties—Forsyth and Guilford. Both Forsyth and Guilford
Counties have been active in developing environmental programs.
It should be pointed out that other local governments in the Piedmont
Triad have effective environmental programs and their omission should
not be taken as a reflection on their quality.
CITIZEN INVOLVEMENT
Both Forsyth and Guilford counties have active environmental groups
which have pushed for better environmental management. In Guilford
County, citizens have exerted considerable political pressure
for environmental action. One of the most interesting events was
the release in October 1970 of a citizen report A White Paper:
An Assay of Environmental Conditions in Guilford County with
Recommendations to Candidates for Public Office. A group of fourteen
local scientists analyzed present environmental conditions inc1uding
the topics of: Population of Guilford County, Compatibility of Land
Use, The Atmosphere, Water Resources, Noise Pollution, Pollution by
Radioactivity, Thermal Pollution, Ecological and Human Values.
The primary purpose of the report was to inform the citizenry on
the environmental degradation in Guilford County and to provide
specific direction for elected government officials. For Guilford
County, the White Paper recommended the following:
--Establish and recognize a nine-member citizens' board
(an extra-governmental body, membership accepted voluntarily
by qualified persons) to aid governmental departments
carry out their responsibilities.
»lt consists of the following counties—Surry, Yadkin, Davie, Stokes,
Forsyth, Davidson, Rockingham, Guilford, Randolph, Casewell and
Alamanac.
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— Implement the recommendations published in the reports
entitled "Open Space" and "Open Space and Recreation
Implementation Plan" written by the Gui1 ford County
Planning Department including the establishment of a
County Conservation and Recreation Board.
--Initiate action to secure further information (to supple-
ment economic data) about the effects of aircraft noise
upon human and animal life; the limits to which aircraft
operations may impinge upon the well-being of private
citizens; means of providing better public mass transportation.
One year later, a supplement was added to the White Paper updating
it and reviewing their recommendations. At that time, none of the
seven recommendations had been acted upon. However, the supple-
ment did commend the solid waste pulverization program.
In Forsyth County, environmental groups and the local press have
been very active in stimulating environmental action. An environmental
Coordinating Council (ECC) has been established consisting of
fifteen environmental related groups—League of Women Voters, Youth
for a Cleaner Environment, Nature Science Museum Guild, Junior
Woman's Club, Winston-Salem Jaycees, Pilot Club of Winston Salem,
Town and Country, Junior League of Winston-Salem, West End Association,
Garden Club Council, Community Environmental Action, Reynolds Planning
Council, Gordon Manor Woman's Club and American Association of
University Women. The ECC has played an active role in conducting
research in cooperation with the county government and the City
of Winston-Salem, and in sponsoring programs in environmental education,
In addition, the Winston-Salem Journal and Twin City Sentinel have
played an active role in exposinq environmental issues. The high
quality of their article is reflected in the paper's winning a
Pulitzer Prize in Journalism for meritorious public service for
a series of articles on environmental problems. One example was a
brief series of articles on a massive fish kill in the Yadkin River
in which 35,000 fish were killed in one day. The problem was due
to inadequate sewer system in Winston-Salem, particularly the
inability to handle the waste discharge from the Joseph Schlitz
Brewing Company. The series included outlining and analyzing the
result of corrective programs taken by Winston-Salem and the Schlitz
Brewing Company.
Innovative Organizational Arrangements
The organizational arrangements which have evolved in the Piedmont
Region include:
(1) the use of citizen advisory boards, concentrating on the
Guilford County Advisory Board for Environmental Quality
and Regional Piedmont Triad Committee on Environmental
Affairs; and
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(2) intergovernmental service agreements, focusing on Guijford
County's Consolidated Water Extension Program and Solid
Waste Pulverization-Disposal Program.
The action strategies for environmental management include:
(1) the proposed environmental impact statement process for
Forsyth County;
(2) the City of Greensboro wastewater surcharge;
(3) programs in environmental education in Forsyth County;
CO the Piedmont Triad Council of Governments environmental
inventory; and
(5) the proposed soil erosion ordinance in Forsyth County.*
Citizen Advisory Board
In October, 1972, the Guilford County Board of Commissioners created
by resolution the Guilford County Advisory Board for Environmental
Quality (Environmental Board). The Environmental Board serves in the
capacity of an extra-governmental organization of knowledgeable
citizens, and operates with the following objectives:
--to provide technical information and supplemental advice to
Guilford County Board
--to aid governmental units to maintain and/or improve
environmental conditions
--to assure safe, healthful, and aesthetically pleasing
surroundings for all inhabitants, present and future.
The County officials felt that they lacked the internal expertise to
handle many environmental problems and therefore turned to the
resources and expertise in the community. Fortunately, within the
County are two colleges—North Carolina A £ T and the University ,
of North Carolina, Greensboro—where some of the expertise could be
found. In addition, the White Paper had created some strong pressure
on Guilford County to have some form of advisory body.
In selecting the Board members, the Commissioners solicited names
of potential members from environmental and civic groups as well
as industry. A list of 90 individuals was developed. However, the
County Board of Commissioners could not reduce the nominees for the
Environmental Board to nine which was the number of Board members
provided for in the original resolution. As a result, a second
resolution was passed in December separating specialists in Water and
Air Resources. In January, 1973, ten Environmental Board members
were appointed by the County Board of Commissioners. The members
of the Environmental Board were appointed for initial terms of 1,
2, or 3 years, with succeeding appointments for 3 years. The Environ-
mental Board is composed of one each of the following specialists:
*The ordinance, adopted by the Forsyth County Board of Commissioners
(April 30, 1973), was put into effect on July 1, 1973.
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—Air Resources
--Water Resources
--Land Resources
--Vascular Plants
—Societal Affairs
--Biology
—Aesthetic Concerns
—Urban Technology or Public Health
--Legal Affairs or Economics
--Public Communications or Education
The present chairman is currently district conservationist with the U.S.
Soil Conservation Service. Other Board members include: two university
professors; a former teacher and present Chairman of the Environment
Projects Committee, American Association of University Women; Manager,
Pollution Control Division of an air conditioning firm; housewife active
in cultural affairs; a retired County Farm Agent; a practicing attorney
with strong environmental interests; vice president of a rendering company;
and a land developer. In addition to the ten members, a Community
Liaison has been also appointed for a one year term by the County Commission
to act as a go-between with the Environmental Board and other community
groups, particularly ones interested in environmental affairs. This
person is to function to disseminate information,encourage citizen groups
to recognize and use the Environmental Board, and channel information from
citizen groups to the Environmental Board.
This Environmental Board does not occupy an official position with
authority to enact laws or regulations or to determine official
policies or procedures binding upon the administration of governmental
units. However, the Environmental Board, as an integral part of its
obligations, can initiate studies and make reports of its studies and
recommendations to the Board of County Commissioners. Within the purview
of the Environmental Board as an advisory body, the following functions
must necessarily be performed:
— Investigate environmental conditions of Guilford County
--periodically
--Review regulatory procedures and methods of governmental units
--Review appropriate records and reports of governmental units
--Review the findings of private consultants employed by the
County Commissioners or departments under their authority
--Compile research data
--Compile the results of practical tests, "pilot projects,"
and operat ions
—Solicit additional technical aid when required
--Coordinate efforts and information of governmental units other
than those of the County government
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--Encourage the establishment of formal research projects proposed
to study environmental conditions in Guilford County
—Cooperate with and coordinate activities of various environmental
committees and organizations of citizens concerned with
environmental quality
--Cooperate with and coordinate activities of educational
institutions, private enterprises, and private citizens
—Solicit and review suggestions and recommendations and criticisms
made by all individual parties and organizations
--Explore the possibilities of acquiring public and/or private
grants to fund special activities with objectives to improve
the environmental quality of the County
— Issue timely reports to the Guilford County Board of County
Commissioners
--Draft ordinances for enactment by the County Commissioners
—Participate in meetings with the County Commissioners, government
employees, and general public to explain findings, decisions,
and recommendations as required.
To assist the Environmental Board in fulfilling these functions,
the County Planning Department has provided the Board with one staff person,
From January to March, 1973, the County government held a series
of orientation meetings for all Board members. On March 1, 1973,
the Environmental Board held its first meeting and adopted by-laws.
As one of their first tasks, the Board decided to divide into four
subcommittees:
--Large Scale Sites
--Monitoring Environmental Damages
—Energy Crisis
--Ongoing Procedures and Operations
At the present time, the subcommittees are just getting organized.
A second task initiated by the Environmental Board was a survey of
environmental and civic groups designed to identify areas of concern
and undesirable conditions and to solicit participation in the Board's
activities. The responses were coming in at a very slow rate at the
time of the field study. A third task was the adoption of a resolution
requesting that Guilford County make arrangements with the U.S. Army
Corps of Engineers to map all areas affected by periodic flooding in
order that a flood plain ordinance be prepared.
During the field studies, several operational problems were evident:
--confusion on roles with the Board members envisioning technical
assistance from the staff and the staff seeking expert opinion
from Board members
--commitment of members to the Environmental Board and its goals
as demonstrated in the lack of a quorum at several consecutive
meetings
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—§ne staff member could not provide adequate support.
An example of another type of citizen advisory board is the Regional
Piedmont Triad Committee on Environmental Affairs (Committee on
Environmental Affairs). In 1971, forty persons were appointed to the
Committee on Environmental Affairs to serve as a regional advisory body
on environmental and related matters. At their first meeting, CEA
divided itself into eight task forces: economics, education, government,
recreation, religion, social welfare and health. Each task force was
to analyze and identify desirable goals and objectives in its
specified area in relation to environmental matters. In November 1971,
a series of workshops was held by PTCOG in which some possible area-
wide goals on environmental issues were presented. The task forces
went their own directions which made it nearly impossible for meaningful
integration of reports. In addition, a gift of $6,000 from a
committee member was received, but the donor thought the funds were
never used properly. In discussion with Roger Schecter, Regional COG
Environmental Planner, the following problems were cited:
— individual group perspectives and not regional or general
environmental perspective
--strong individual personalities dominating task force activities.
Because of its operating problems, the Committee on Environmental
Affairs has been disbanded.
INTERGOVERNMENTAL SERVICE AGREEMENT
Guilford County has taken a very active role in developing intergovern-
mental service agreements with the cities of Greensboro and High Point.
Two agreements, the Consolidated Water and Sewer Extension Program and
the Solid Waste Pulverization-Disposal Program, are of interest to
this study.
Consolidated Water Extension Program
During the early 1960's, Guilford County recognized it had the major
ingredients to attract tremendous Industrial and residential growth;
namely, a very adequate state secondary road system, two major inter-
state highways, a regional airport, and a feeder trunk of Southern
Railroad. In an attempt to deal with the problem of uncontrolled
growth, In 1964 Guilford County adopted a County-wide zoning ordinance,
established a long-range planning division as well as provided a Building
Inspections Department (Electrical, Plumbing Mechanical and Structural).
After establishing the regulatory and planning agencies, the Board of
County Commissioners felt they could then supply the "missing Ingredient"
necessary for accelerated, but tightly controlled development-- public
water and sewer service.
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During Spring 1965, the City of Greensboro and Guilford County adopted
a resolution stating in-part, "WHEREAS, it is the intent of both
governmental units herein to provide existing water and sewer facilities
into certain areas outside...the corporate limits of the City of Greensboro
in order to adequately and efficiently provide much needed water and
sewer services...to the end that a healthy, orderly and coordinated
system of continued growth and development will be attained in a
manner most consistent with the general welfare ".
The County would finance the extensions and the City would provide the
water and treat the wastewater with existing municipal facilities.
The County, unable to utilize property tax revenue for construction
(since it could not be offered to all citizens), initially relied
heavily on interest-free loans from industry and residential developers
to finance the first line extensions and establish the system. The
loans were to be paid back from fees and charges paid by users of the
utilities. Even with these meager beginnings, the program began to
snowball and within three years a system valued at $2.4 million had
been installed through these interest-free loans, non-tax revenue and
additional monies accumulated in the program's revolving account.
From 1965 through 1967, extensions were made from the Town of James-
town. These extensions of sanitary sewer service, even though
modest in comparison to those from Greensboro, served areas extremely
important to the community. These Jamestown extensions served
the campuses of the area's technical institute, an elementary school
and a high school; and they also served a major facility of Burlington
Industries.
In 1968, the program became a little more sophisticated with the advent
of a revised City-County Agreement. This amended contract established
a municipal-type operation utilizing an assessment program, more
sophisticated accounting, and long-range planning. It also contained, within
the new Agreement, the establishment of Service Perimeter Areas in
which extensions could be made if approved by the County. The rate
of extensions between 1968 and 1970 slowed to a certain extent with
only $1.7 million dollars worth of lines being installed.
However, 1970-71 was a landmark year for the program. Within a period
of 12 months the County signed an extension agreement with the City
of High Point, thereby doubling the land area potentially to be served
by utilities; began confirming and collecting assessments levied on
past construction (at least tripling the rate of revenue return from the
lines); and successfully conducted a $5 million bond referendum for
future extensions. Owing to the use of bond funds, the funds available
in the revolving accounts, and federal and state assistance, the
program today is extremely active. Fiscal year 1972-73 saw approval of
line construction valued at over $2 million. During fiscal year 1973-71*,
over $3 million worth of construction will be initiated (about evenly
divided between the Cities of High Point and Greensboro).
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The most established revolving account, with the City of Greensboro,
is presently realizing a rate of revenue return of about $200,000
annually. These funds are, of course, added to the available bond
funds to construct additional lines. With operation of the additional
lines approved in F.Y. 72-73 and 73-7^, the Greensboro revolving
account should eventually realize an annual revenue of over $500,000.
The program's working arrangement is outlined as follows:
(1) On the basis of majority petition from property owners,
public health necessity, or public developmental necessity,
the County may approve a project.
(2) The project's scope Is determined by the County's Division
of Environmental Services and Division of Environmental
Health in conjunction with the City Public Works Department,
and is engineered to meet City construction specifications.
(3) The County delivers the necessary funds to the City and the
construction contract is awarded by the City.
(4) The City's Public Works and Engineering Departments oversee
construction.
(5) Upon completion of construction the probject is relinquished
to the City.
(6) The City's Assessment Division prepares the assessment roll
which is delivered to the County's Division of Environmental
Services.
(7) The County confirms the assessments which are then administered
by the Division of Environmental Services.
(8) Connections to the water and/or sanitary sewer lines are
voluntary unless ordered by the Division of Environmental
Health.
(9) Actual connections (meter installations, etc.) are accomplished
by the City's Division of Water & Sewer Administration.
(10) At time of tap-on, an acreage tap-on fee and meter fee are paid
by the property owner.
(11) The City's Division of Water & Sewer Administration submits
quarterly users statements to the County customers.
(12) Every quarter, 25% of the water and sewer rates collected
in the County is placed in the City-County Revolving Account.
(13) Future construction is financed from this revolving account.
Identical, but separate, accounts and procedures are used for all three
municipalit ies.
The program is now in its seventh year. Guilford County has utilized
it as a major asset for attracting industry and residential developers
who desired to locate in the unincorporated areas to escape municipal
taxes; or who desired proximity to the interstates, rail service or
airport; or who desired a more "rural" setting; or a combination of
these reasons.
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The County has been very selective regarding the type of industry
desired. There is only one large, "wet" type industry there, and
probably no others will be allowed on the system. The great majority
of industrial and commercial customers have been located along the
interstates and within industrial parks (such as corporate headquarters,
light machine fabricators, research divisions, warehouse terminals,
motor inns). Residential developments have been of the higher-density,
single-family and multi-family variety. The extension program has
contributed greatly to the influx of quality development over the past
seven years. As an example, property values in the airport area (which
has received the bulk of extensions) were $67,500,000 in 196**; today they
are $170,000,000.
Through this program, all governments are benefiting both directly
and indirectly. The great majority of the County has been and will
be untouched by these extensions. These areas will remain in a totally
rural state. County government and the governments of the cities within
its boundaries will continue to offer their citizens, corporate and
private, a choice of three environs in which to live and work: totally-
urban high-density within the corporate limits; lower-density "rural"
with several municipal-type amenities or a totally rural, low-density
setting. Guilford County has no intention to transform all of its
560 square miles into a sprawling mass of industrial parks, apartment
complexes and high-density subdivisions; but the County does feel
selected areas can support such development if adequate services and
controls are provided.
Solid Waste Pulverization-Disposal Program
On February 9, 1972, the governments of Guilford County, the City of
Greensboro and the City of High Point signed an agreement for a joint,
cooperative solid waste processing and disposal program. This
authorization formally culminated a sixteen-month effort, including the
passage of a $1.2 million bond referendum, to establish a mutually-
beneficial program which would attack the solid waste problems of the
three governments while, at the same time, utilize disposal methods
more aesthetically and environmentally acceptable to the local populace.
Until 1970, existing policies and procedures were inadequate to meet
"rural" citizen demands and to effectively handle the increasing rate of
generation of industrial and commercial waste in the unincorporated areas.
Because of an existing cooperative program of extending municipal
water and sanitary sewer lines into the unincorporated areas of the
County, many outlying residential areas had reached urban densities.
There also were substantial satellite commercial and industrial
developments. At that time, Guilford County's sanitation program relied
heavily on private enterprize to provide collection and disposal in
these "rural" areas. Five private collection firms operated in
unincorporated areas with common collection rates being established
by the County Commissioners. However, most of these firms chose
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the highest-density residential areas in which to operate. In addition,
private collectors were left to their own initiative to establish
and operate their own landfills. In terms of disposal operations,
Guilford County did subsidize one private collector's landfill operation.
As a result of this subsidy, any citizen of Guilford County may deliver
and deposit his own individual refuse at the operation. This reliance
on private enterprize was relatively convenient for county government,
but the system was not meeting developmental demands, not providing
maximum environmental protection as required by the public and by state
and federal regulations, and not providing a program offering the
convenience desired by rural citizens.
In November of 1970, the Board of County Commissioners requested the
County Manager's staff to better define the local problems and
make a brief survey of disposal techniques applicable to the local
situation. The following rural problems were cited:
(1) Private collection firms, allowed to operate anywhere within
the unincorporated areas, concentrated their services on high-
density residential areas. Subsequently, residents in lower-
density areas do not have collection available; consequently
(2) Most private collection firms have to operate their own
individual landfills.
a) In many cases their haul-times and -distances to their
private operations are enormous (one firm had a 3-hour
round trip to his fill).
b) Having individual fills for each collection firm is
grossly inefficient in terms of a total County system.
c) Many individual fills are substandard in operational
practices.
d) The fills (except the one subsidized operation) are not
available to the public.
(3) The single County subsidized fill serves a 560 square mile
area making the rural citizen's individual efforts to deliver
his own refuse most inconvenient.
During the course of the investigation, it was discovered that the
two major municipalities within Guilford were also experiencing problems with
their own sanitation programs. Greensboro had adequate landfill
area, but a vigorous annexation program had caused severe problems in
dead-head hauls cross-town to their landfill. On the other hand,
High Point had no problems in transport, but had a critical problem
regarding remaining useful landfill area left.
Realizing that perhaps a common solution could be found to solve the
distinctly separate problems experienced by all three governments, the
Vice-Chairman of the Board of County Commissioners proposed a Tri-
Governmental Solid Waste Committee (Solid Waste Committee) to be formed
to attack the problems. In December, 1970, the Solid Waste Committee
was created and held its first meeting to organize and to define goals.
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The Solid Waste Committee consisted of the following individuals:
Elected Section
Vice-Chairman, Board of County Commissioners, Guilford
County-Committee
Chairman
Mayor Pro-Tern (now Mayor Elect)-City of Greensboro
Councilman (now Mayor Elect)-City of High Point
Staff Section
Director of Environmental Services-Gui1 ford County-
Cpmmittee Coordinator
Director of Environmental Health-GuiIford County
Director of Public Works-Greensboro
Director of Public Works-High Point
Superintendent of Sanitation-Greensboro
Superintendent of Sanitation-High Point
The Staff Section immediately began to more thoroughly investigate the
relationship of the individual problem areas. Sample weights of loaded
municipal vehicles were taken, estimated volume capacities and weight
calculations were made on private collection vehicles, local areas of
private service were better defined, differences in the two municipal
policies and procedures were clarified, time and distance studies were
made on all collection vehicles and the characteristics of local solid
wastes were determined. Therefore, for the first time, a clear picture
of the total, County-wide solid waste generation, collection and
disposal situation became available.
Several methods of solid waste disposal were also seriously investigated
in light of the additional local information gained. Most standard
methods were quickly eliminated owing to poor operational cost-effective-
ness comparisons and/or the potential needs for very substantial capital
outlays. Although local government experience with solid waste shredding
or puliverization in the U.S. was minimal, enough data was available
to determine that this type of operation deserved more scrutiny. By
January 1971, a substantial amount of data on pulverization was acquired
through shredder manufacturers and from the few local governments
using the system. The Staff Section then presented their findings to
the Elected Section at a full Committee meeting. The Solid Waste
Committee decided at that time that pulverization of solid waste
deserved very serious consideration. On-site tours of pulverizer
operations were suggested and subsequently approved by the three governing
bodies.
In February, the Committee members, plus two additional County Commissioners,
travelled to Mobile, Alabama and Albuquerque, New Mexico. The City of
Mobile was operating a very elaborate composting operation and in
Albuquerque the Committee saw a pulverization demonstration on the
premises of a shredder manufacturer. After returning from New Mexico,
the Solid Waste Disposal Committee was convinced that the best tri-
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governmental program should be based around several pulverization
installations.
On February 2k, 1971, the Elected Section of the Committee held a
news conference and released the following statement.
Guilford County, Greensboro and High Point governments
are combining efforts to collectively solve the area's
solid waste problems. The proposals to be made by
this joint-committee to the three governing bodies are:
That the County assume total responsibility for all solid
waste disposal; that the solid waste be pulverized prior
to disposal; and that several transfer-pulverizing
stations and at least one additional landfill be implemented
for purposes of efficiency and convenience to municipal
collection vehicles, rural private collectors and rural citizens
without collection services.
These recommendations are to be made to the two city
councils and the Board of Commissioners by this Solid Waste
Disposal Committee which is composed of elected representa-
tives and staff members from the three governments.
This committee has been investigating new solid waste
disposal practices and equipment since late last year. The
committee's aim was to design a total system which would
(1) be able to effectively and efficiently handle today's
solid waste volume requirements as well as the needs for
tomorrow (2) provide ultimate disposal without polluting
the air, land, or water (3) rid landfills of the nuisances
that are usually associated with such operations such as
odor, rodents, insects, smoke, blown paper, dust, mud and
unsightly excavation (*0 be compatible with all existing
collection and disposal equipment (5) prolong the life of
each disposal site so that the additional land acquisitions
will be infrequent (6) increase the economy of public and
private collection practices by decreasing the haul-distances
of collection vehicles (7) make individual delivery of
solid waste by rural citizens more convenient (8) and
reduce the time needed before a completed landfill site
can be reclaimed for public or private use.
It is felt by this Committee that all of the goals will
be met through the implementation of the three major
recommendat ions.
The County will also make immediate application to the
federal government for financial assistance under a grant
program offered by the Department of Health, Education, and
Welfare. If the application is approved, the grant could
cover up to 75% of the expected one million dollar plus
price tag for the total system.
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The Solid Waste Committee had determined at that time that County
government was to assume responsibility for the disposal of municipal
waste as well as that collected in the unincorporated areas. Because
three separate pulverization stations and landfills would comprise
the system, it was evident that maximum coordination as well as close
fiscal control would be necessary. It had also been decided that,
once pulverized, the waste should then be deposited in either
established, conventional fill areas and/or in new fill locations. The
Resource Recovery Act of 1970 had been made public law in October and
from the grant requirement outline it seemed as though an attempt
should be made for federal assistance.
In March, 1971i the Committee Chairman as well as representatives from
the Staff Section visited the Madison, Wisconsin pulverizer station
and then continued to Edmonton, Alberta, Canada to see their site.
This trip was much more technically-oriented with discussions with local
officials and operators directed at operational details, maintenance,
reliability and financing.
The next two months were spent in pulverization research and logistic
details. A consultant from North Carolina State University was retained
to prepare a computer transhipment model to reroute collection vehicles
in conjunction with combinations of alternate pulverization station
sites, possible transfer station sites and possible landfill sites
(new and existing). During this time a preproposal application for the
new federal program was being drafted by the County. As a backup
measure, the solid waste pulverization program cost was also added
to five other issues on an upcoming County bond referendum in June.
The research done by the Staff Section had concluded that the program
would cost about $1.2 million dollars.
To finance the pulverization program, $1.2 million was provided
in a $30 million bond package which was presented to the voters.
With the support of garden clubs and environmental organizations, the
pulverization bonds passed by k to 1 majority. The capital financing
plan was to ask the citizens of the County for the total amount needed
for the program. Then, if federal funding was offered, only a portion of
the bonds would be sold to provide local matching funds. However,
word came from the EPA regional office that the Act's funding had been
reduced and that, administratively, they were not prepared to proceed
with Implementation of the new program. Immediately after the bond
referendum, the Staff Section began holding committee sessions at least
once a week. At several meetings, manufacturer's representatives attended
and made presentations concerning their equipment and services.
During the-frequent meetings in July, August and September, staff
was formulating a detailed policy and procedures Manual which included
the role and responsibility of each individual of each government.
The Manual included the estimated capital outlay per installation,
estimated cost of operation, and proposed amortization schedule for
each piece of equipment and structural component. Methods of disposal
of special wastes not suitable for pulverization were investigated
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and included as addendums to the Manual. A limited amount of resource
recovery is also discussed in an addendum.
The Manual's rough draft was submitted to the Elected Section in
November of 1971- It became evident that a serious disagreement existed
between the County and one of the municipalities as to the source of
operating revenue. The municipality proposed the operating expenses
of all three stations be funded through County tax revenue. To facili-
tate this estimated annual need of $250,000, a County-wide tax
increase would be necessary. The County was unwilling to authorize
this increase for several reasons including the disproportionate
ratio between industrial generation of solid waste versus its real
property value and the fact that many rural citizens were without
collection service and therefore would be paying for a disposal operation
whether they could utilize it or not. The problem was finally resolved
in December of 1971 by deciding to weigh each collection vehicle as it
delivered waste and bill its owner (be it public or private) at the
end of the month on the basis of actual cost per disposed ton times
the actual tonnage delivered. A nominal fee will also be charged
to each private auto delivering domestic solid waste. Debt service
on the bonds will be met by the County from revenue derived from a local
County sales tax. The Manual draft was tentatively approved by the three
governing bodies and a brief, formal agreement was drafted. The formal
agreement refers to the Manual as an outline of officially adopted
policies and procedures.
Along with the Manual's preparation during December and January equipment
specifications were also being drafted in anticipation of formal
agreement approval. About three weeks after formal agreement adoption,
on February 29, 1972, specifications were submitted to six bidders.
Bids were opened on April 21, with the award of contract by County
Commissioners coming no later than May 15- The specifications called for
the shredder, material handling equipment and the engineering services
of the shredder manufacturer.
Once the initial contract was awarded, Staff Section worked with the
manufacturer's engineering department to design and compose
specifications for the total installation, including foundations,
structures, roads, scale stateion, rolling stock, etc., for a second
round of bidding with general contractors. The specifications were
drafted so that design and construction of the three installations would
be phased. As one station becomes tested and operational, any obvious
design improvements made evident by that station will be incorporated
in plans for the subsequent installation. In October, 1972, the
groundbreaking was held for the High Point-Gui1 ford County Solid
Waste Disposal Facility with actual operations beginning in Spring of
1973.
The Solid Waste Committee envisions a future consolidation of all
installations under one agency (as originally proposed) as soon as
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County-wide collection Is available. Such a collection program is
presently in the formulative stages (probably a rural container
system). When this single agency (probably the County) assumes
responsibility for the operation of all three installations, an annual
disposal surcharge or fee will probably be levied to each home, business
and industry (based on actual annual tonnage generated), in lieu of
the monthly billing, to fund the year-to-year operations. The
vehicles will then be weighed only for record-keeping purposes.
The Committee has illustrated that three associated, yet distinctly
individual governments can rely on the talents, authority and resources
of each other to formulate and implement constructive programs to deal
with major area-wide problems. The success of this committee has
spurred much interest in forming other, similar committees to confront
other, shared problems in Guilford County.
ENVIRONMENTAL IMPACT ASSESSMENT
In North Carolina, the state government adopted the North Carolina
Environmental Policy Act of 1971. Within this act there is a provision
for environmental impact statements (EIS),requiring state agencies to
prepare impact statements for legislative and other actions Involving
public expenditures which significantly affect the state's environment.
These impact statements detail the following points:
—environmental impact of the proposed action
—any significant adverse environmental effects which cannot
be avoided should the proposal be implemented
—mitigation measures proposed to minimize the impact
—alternatives to the proposed action
—the relationship between the short-term uses of the environment
involved in the proposed action and the maintenance and
enhancement of long-term productivity; and
—any irreversible and irretrievable environmental changes
which would be involved in the proposed action should it
be implemented.
Review and advisory procedures are required to assure that the EIS is
as accurate as possible and that all interested agencies and units of
government have an opportunity for review or examination. When a
state agency finds that a major adverse change in the environment will
occur as a result of the proposal, it is directed to submit the pro-
posal and statement to the Governor for special revjew and final
decision by him or by his designated agency. In an amendment proposed
for the 1973 legislature the required EIS must be attached to the
"earliest identifiable plan, report, or other documentation of a
project." A project is further defined as that which involves
"construction, building, modification of a landscape, or site,
or any similar action involving major changes in the environment"
(Senate Bill 126). The amendment provides also that comments shall
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be sought from "citizens, individuals, or representatives of organized
groups with professed interests related to the environmental impact
involved." The responsibility of the state agencies is further
defined: "State programs involving regulation or control through
permits or licenses or standards for State, local, or private projects
which, in the aggregate, have a significant environmental impact,
shall present in their annual work program a program plan which delineates
the rules and regulations of the program and a detailed guideline on
how these rules and regulations shall be administered, including
how officials shall make decisions under the program-which take
into consideration the environmental impact of those decisions,
including (the content of required EIS statements). Such plans...
should be reviewed and updated annually."
It is not known to what extent state agencies have established rules
of procedure for the actions required under the Act of 1971. Illustrative,
perhaps, is the promulgation of an order for public hearing on April 1,
1973 by the Utilities Commission of its proposed requirements of an
EIS and other data in the siting of electric generating facilities.
For local government, the Act authorizes, but does not require, these
governments to require any special district, public authority, or
private developer to submit an impact statement on major development
project. So far, only one small beach community has adopted an
environmental impact assessment process.
However, Forsyth County had just completed in March, 1973, a
comprehensive study for local environmental impact statements entitled
The Feasibility of an Ordinance Requiring Environmental Impact State-
ments. The report was prepared by the manager's administrative staff
with the assistance of the County Planning Department, Environmental
Planning Staff. In responding to the Board of Commissioners request,
the report focused on the following questions:
—Have EIS requirements elsewhere been effective?
--What have been the major accomplishments and problems of
EIS requirements?
--Is an EIS needed in addition to current or proposed environ-
mental programs?
— If warranted, who and what should be subject to it and how
can it be enforced?
The report analyzes experiences with EIS in California, particularly
San Diego County, Vermont, and Florida. For those case studies, the
Report presents pros and cons of local EIS (see Addendum a).
In speculating about the adoption of a local EIS ordinance, the Report
pointed out that all public and private projects (exceeding two
acres) would be reviewed by local government as to the total effect
on the environment. This would include those elements of the environment
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not now covered by local laws or ordinances such as noise, social aspects,
of historical or archaeological significance, as well as other standards
listed above. It was felt that the recommended ordinance would provide
Forsyth County with the opportunity of adopting requirements stricter
than the prevailing state or national standards. The statement would be an
umbrella document listing all permits, requirements, and approvals needed
for a project. This assumes that the Act of 1971 provides sufficient
authority for Forsyth County to make issuance of a building permit or
other entitlement contingent upon a satisfactory environmental impact
statement. Otherwise, the entire process would be an academic exercise,
because there would be no authority to require changes in a project
should the E1S review show detrimental effects on the environment.
In conclusion, the Report stated that most arguments against the EIS
can be nullified if the governing board will direct its staff to provide
an EIS procedure which:
(1) Is simple enough for any developer to complete with minimal
engineering help, yet comprehensive enough to be effective.
(2) Is easily evaluated by present staff in a short length of time
so as not to unreasonably delay proper development.
(3) Is based on legal standards which will hold up readily in
a court of law.
(l») Will apply to all projects, both public and private.
(5) Provides insurance against abuse.
(6) Provides for on-site monitoring by environmental agency which
acts as reviewing agency for projects during actual construction.
If environmental protection measures used are not effective, enforcement
procedures should be available to stop progress on the project until it
can be shown to meet acceptable, clearly defined standards. The report
warned, however, that no matter how perfect the procedure, the governing
board must realize that it and they will face stiff opposition from some
quarters. Everywhere EIS procedures have been enforced, the governing
board has come under fire at one time or another from developers and in-
terested citizens. Ecologists will accuse the board of "selling out" if
the regulations are too lax (in their estimation), and developers will
protest against what they will consider unreasonable hardships.
The Report recommended that the Board of Commissioners recognize its
responsibilities to conserve and protect natural resources; to maintain
a human environment which will be safe, healthful, productive, and
aesthetically pleasing; to provide the widest range of beneficial uses
of the environment without degradation or risk to health and safety;
and to preserve and protect important historical, archaeological, and
cultural elements of our common inheritance. To carry out this responsi-
bility the report proposed an ordinance creating an EIS process.
The proposed ordinance requires that prior to the issuance of a building
or zoning permit for a project that significantly affects the quality
of the environment, an Environmental Impact Statement shall be filed
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with the approprfate agency or County government (see Addendum b).
This impact statement is to include the following:
a) The environmental impact of the proposed action;
b) Any significant adverse environmental effects which cannot
be avoided should the proposal be implemented;
c) Mitigation measures proposed to minimize the impact;
d) Alternatives to the proposed action;
e) The relationship between the short-term uses of the
environment involved in the proposed action and the
maintenance and enhancement of long-term productivity;
f) Any irreversible and irretrievable environmental changes
which would be involved in the proposed action should it be
implemented.
The EIS report is to include consideration of the following variables:
(1) Air Q_uality
(2) Noise
(3) Solid Waste Disposal
(4) Toxic Substances
(5) Water Supply
(6) Wastewater Disposal
(7) Energy Use
(8) Health
(9) Public Safety
(10) Erosion, Sedimentation
(11) Historic Building or Area, Archaeological Site Destruction
(12) Aesthetic Considerations
(13) Wildlife Habitation
(1*0 Recreation and Open Space
(15) Land Use Change
(16) Population Density
(17) Transportation, Streets, and Highways
(18) Education
(19) Economic Development
(20) Employment
(21) Housing
The suggested process for implementing local EIS procedures can be found
in Table 1.
The proposed ordinance further declares to be a policy of the Board of
Commissioners that there will be established a section of County govern-
ment to be called the Environmental Clearinghouse. The Environmental
Clearinghouse will have the responsibility for determining whether a
project significantly affects the quality of the human environment,
and reviewing all environmental impact statements submitted. The
Clearinghouse will be located within the proposed Environmental Affairs
Department which would develop and enforce the EIS procedure. The depart-
ment would be built around the already proven core of personnel in the
County Air Quality Control Department, with additional personnel drawn
from Planning, Health, and Inspections.
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Table 1. PROCESSING TABLE FOR FORSYTH COUNTY ENVIRONMENTAL STATEMENTS
Public Projects
Private Projects
1
1. The "responsible" official of
the initiating agency consults
informally with Clearinghouse
officials.
2. If "significant effect" is de-
termined, EIS is prepared by the
initiating agency and transmit-
ted to the County Clearinghouse
agency.* (If not of significant
effect, a Negative Declaration
is issued, public notice given,
and opportunity to challenge if
afforded the public. If chal-
lenge is successful an EIS must
be prepared).
3. Clearinghouse disseminates EIS to:
A. Agencies with jurisdiction or
expertise, as: Air Quality
Control, County/State Conser-
vation Service, CCPB staff,
County Engineering Adminis-
trator, N.C. Office of Water
and Air Resources, Dept. of
Archives and History; others
B. Public through news media and
file copy for examination.
A. Clearinghouse receives comments
5. Clearinghouse summarizes comments
and returns one copy with recom-
mendation to the initiating agency;
retains file copy for public.
6. Responsible official makes deter- t
mination to:
A. Approve project.
B. Revise plan and submit revised
EIS to be processed through
steps 3,^,5,6.
I
C. Withdraw project.
*To be designated by Board of Commissioners
Developer consults informally
with County Clearinghouse;
receives guidelines, necessary
forms.
Developer submits required data
to Clearinghouse. If "signifi-
cant effect" is determined,
developer submits EIS to same.
(If not of significant effect,
a Negative Declaration is
issued, public notice given,
and opportunity to challenge
is afforded the public. If
challenge is successful, an EIS
must be prepared).
3. Same as for public projects.
k.
5.
Same as for public projects.
Clearinghouse summarizes comments
and returns one copy with recom-
mendation to developer; retains
file copy for public.
Developer may:
A. If recommendation is denied,
modify plan and submit new
EIS to be processed through
steps 3,^,5.
B. Request public hearing on
original plan.
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Table 1. continued.
Public Projects
7. Board of County Commissioners
takes required official action
if project is forwarded.
Private Projects
7. Reviewing body advertises and
holds public hearing on the
original or new ElS.
8. Reviewing body finds that require-
ments of law have been met; or
may refer project back for further
revision. (Legality of latter
step to be determined).
9. Necessary permits and issued on
finding that requirements of law
have been met. (if developer
seeks permit in absence of finding
and is denied, he can seek writ
of mandamus).
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WASTEWATER SURCHARGE
Within the Greensboro boundaries are a number of major industries—textile,
cigarette, meat packing, dairy, food processing, chemical, and metalplating.
The wastewater discharge, particularly from textile plants, is extremely high.
The City operates two wastewater plants under the Water and Sewer Department.
During 1970, the City surveyed over one hundred industries on such Items as
water consumption, number of work days, number of employees, type of Industry,
nature of product produced, and the nature of wastewater discharge. From
this survey, it was determined that a number of industries had no more than
weak domestic wastewater. However, the discharge of a few industries was
very expensive to treat,which cost the city additional funds. As a result,
the City initiated a wastewater surcharge program based on the following
rationale:
—due to the vast number of rivers and streams surrounding Greensboro, it
is imperative for the City's waste to be treated to a very high degree—
35% to 33% efficiency.
—the cost of wastewater treatment of polluting substances should be
distributed to those discharging industries
--the City must have full cooperation of industry with respect to discharged
materials.
In January 19&1, the City adopted an ordinance that established limitations on
waste which they would accept, including:
—storm water and drainage
--any liquid or vapor having a temperature of 150°F
--any solids such as ashes, sand, mud, etc.
--any gasoline, flammable or explosive liquids
--any improperly shredded garbage
--any waste having a stabilized ph of less than 5-5 or more than 10.0
—any cyanides
--any noxious or malodorous gases
--more than 1 mg/1 of copper, zinc or chromium
—more than 100 mg/1 of fat, oil or grease exclusive of soap.
Although the ordinance did not place restrictions or limitations on the quality
of BOD or suspended solids nor establish a surcharge, it did provide for
property access and for monitoring devices to be installed at the industries'
expense. In an amendment passed in October 1961, a surcharge was established
on those industries and commercial establishments which contribute excess BOD
and suspended solids in their wastewater discharge. No maximum limit on
concentration was set forth. However, at the request of the industries, the
effective date of the surcharge was six months later in order to give industry
an opportunity to clean up their discharge. The surcharge rate was
established at $22/1,000 lb. of BOD and $24/1,000 lb. suspended solids.
In discussing the method of establishing the surcharge, Ray Shaw stated that:
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The rate of surcharge was established by utilizing the
1961 budget for treatment plant operational costs Including
an amortiziation figure of 3-5 percent for a life of 25 years.
This amounts to slightly over six percent per year. The
1961 plant loading data were used to calculate the unit cost.
It was assumed that a typical domestic waste would have a
BOD and suspended solids concentration of 200mg/l and that
if a waste exceeded this strength by 50 percent, then it
was indeed a strong waste. It was further assumed that
the sewer volume charge which at that time was 65 percent
of the water bill, paid for the treatment of the waste up
to the 300 mg/1 limit which was established.*
Since 1961, the surcharge rate has been raised to $23 per 1,000 Ibs.
of BOD and $30 per 1,000 Ibs. of suspended solids.
Immediately after the amendment's passage, the city sent out a letter
to all potentially affected industries volunteering city personnel labora-
tories free of charge to aid industry in problems of in-plant control.
Three responses occurred:
--clean up and install necessary equipment
--partial clean up by eliminating most costly pollution
--no action.
As a good example of the second alternative, a slaughter house installed
two new mechanisms—a blood collection tank and a mesh vibrator screen
for solid separation. The blood was pumped to a rendering plant for use
as a raw material while the solid material was hauled away in a dumpster.
These waste control mechanisms reduced the BOD level from 1575 mg/1
to 500 mg/1 and suspended solids from 550 mg/1 to 225 mg/1. However, the
third alternative most often occurred since it was cheaper to pay the
city.
A sampling schedule was set up based on monthly rate:
--less than $100 of surcharge, twice a year
--$100 to $500, four times a year
—over $500, six times a year.
Any industry may request a second sampling if it feels that - the first
sample did not represent its average discharge to cover city
expenses, the City charges $50 per day. To sample on a 2^-hour basis,
the City purchased sampling mechanisms and a trailer for ready move-
ment. One sampler proved to be inadequate so the City constructed
*Shaw, Ray E., Jr."Experience with Waste Ordinance and Surcharge at
Greensboro, N.C.," Journal Water Pollution Control Federation (January
1970), pp. l»5.
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a second in order that two industries could be sampled simultaneously.
However, the City found that the sampling processes were hampered by:
--no power available at location
— inaccessible location of weir box
— isolation of trailer from plant personnel
—better sample collection methods.
A minimum of three days is devoted to sampling each plant with an
authentic average used to determine rate. Due to sampling problems
with restaurants and laundromats, a special fixed unit charge is
made. To determine that charge, an average discharge was made on three
laundries with the standard set at 525 mg/1 for BOD and 250 mg/1 for
suspended solids. For restaurants, a sample of five were chosen, but
lacked any consistency. As a result, restaurants'charge is $.03^5/unit.
The costs of operating the program amounted to $18,067 in fiscal 1969,
which was primarily spent on the industrial waste supervisor's salary
and a laborer assistant. However, 25% is spent on plant operational
duties. During the first years $618,000 was collected, which represents
32% of the operational costs excluding amortization of equipment.
The advantages to this program of wastewater surcharges appear to be:
--the program is self-sustaining financially
--industry is kept aware of the problem of wastewater treatment
—current information can be distributed.
ENVIRONMENTAL EDUCATION
In April 1973. the Environmental Coordinating Council of Forsyth County
and Reynolds House sponsored a two evening seminar entitled: Ecology
Seminar on Environmental Awareness. An Ecology Seminar Committee, under
the chairmanship of Peter Weigl, Assistant Professor of Biology at Wake
Forest University, identified the following objectives in designing the
seminar:
— identification and open discussion of local environmental problems
— recognition of accomplishments by various segments of the
commun i ty
—presentation of different approaches which may lead to solutions
to some of the local environmental problems.
The first evening focused on Problems of Land Use, including discussion
of topics such as Coexistence with Nature, Grading and Flood Plain
Problems, and Urbanization and Transport. The second evening dealt with
Approaches to Environment, including presentations on Law, Business,
Development and Industry Parks, and Citizen Participation. Participants
in the seminar were experts from the community.
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Another educational activity in Forsyth County is the acquisition of J/2
hour of Sunday prime time television on the local NBC affiliate. Since
September 1972, Forsyth County Government had produced a series of
programs designed to educate the public about county government and its
activities. During the field study visit, the county was in final
preparation of the following Sunday's show which focused on the soil
erosion problem in Forsyth County and a proposed ordinance for remedying
the situation. This particular show had been developed by an interested
citizen in cooperation with the County manager's office. The citizen
had taken a series of slides demonstrating the destruction of a reservior
due to soil erosion from construction sites. The slides were coupled
with an informative dialogue about soil erosion.
ENVIRONMENTAL INVENTORY
The Piedmont Triad COG, in cooperation with the Army Corps of Engineers,
is in the process of developing an Environmental Reconnaissance Inventory
for the Triad region. The objectives of the inventory are:
—to identify and locate environmentally sensitive areas
--to identify possible actions which could restore or enhance
environmental quality
--to provide information to the public and governmental units.
The inventory includes such items as:
—places of historic interest
— free flowing white water areas
--wildlife habitats
— locations for unique species of plant and wildlife
--caves
--areas of critical environmental concern (e.g., swamps, polluted
rivers, etc.)
At the time of the field study, a preliminary draft was open for public
review and the addition of useful information was solicited.
SOIL EROSION CONTROL
Within Forsyth County, soil erosion from new construction sites during
heavy rain common in the southeastern part of the United States has been
a very critical environmental problem. During the last two years, many
streams and creeks have been eliminated as the result of silt. The
rationale behind the recently passed ordinance is to stop soil erosion by
controlling the quality of new developments. The technology is simple;
and the county only needs to get the developers to act by educating
them on how to construct drainage processes. The enacted ordinance
was written by the Homeowners Association, in cooperation with Forsyth
County officials, over a two year period. The ordinance's purposes are
to prevent:
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—any harmful increase of the rate sand, silt or other suspended
solids are carried off property by drainage water flow
—any change In the flow rate which will cause increased flooding
or erosion
—any hazards to the public health
--continued erosion of soil unprotected.
Under this ordinance, the County requires development permits before
grading and that the permit be properly displayed on the property.
If no permit is obtained,or the permit is invalid, the developer is
subject to a $50 per day misdemeanor. One criticism of the proposed
ordinance is that enforcement is tied too closely to building permits and,
as a result, development of land could occur before selling.
SUMMARY
In this field study, an attempt has been made to highlight some
environmental management programs from the Piedmont Triad Region of
North Carolina. These programs are critical since the region is in the
process of large scale growth and development. However, the environmental
problems are not as critical as in the highly industrialized areas of
the United States. In terms of the organizational approaches,
emphasis has been placed on regional approaches and regional cooperation
as demonstrated by the pulverization and water erosion programs.
Because of the abundance of water resources, one of the first environ-
mental actions was the establishment of a wastewater surcharge. At
the present time, many additional environmental actions are under
consideration,including the environmental impact statement process
and reorganization of environmental functions and services.
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ADDENDUM a.
EXCERPTS FROM FORSYTH COUNTY (N.C.) STUDY OF "THE FEASIBILITY
OF AN ORDINANCE REQUIRING ENVIRONMENTAL IMPACT STATEMENTS"
CONTROLLED DEVELOPMENT:
For
(1) The existing framework of laws and regulations dealing
with development are too fragmented to deal effectively with
total environmental considerations. A unified Environmental
Impact Statement procedure would provide a "one stop" method
of communicating government requirements to developers.
(2) The adoption of an Environmental Impact Statement procedure
would forestall impulsive requests for rezoning, variances,
and special use permits.
(3) The EIS would help prevent over-development which would
exceed the local government's service capacity, being a
part of the community's environmental resources.
Against
(1) EIS is another governmental intrusion into the private sector.
(2) Zero growth enthusiasts may use the Environmental Impact
Statement to oppose all development.
(3) EIS could lead to a moritorium on growth similar to actions
taken in several Western and Northeastern communities.
This could ruin economic development for the entire region.
(!») The public will not benefit from the curtailment of development
and alienation of industry by EIS requirements.
COST, PUBLIC AND PRIVATE
For (1) Land is a resource which, if made unfit for human habitation,
cannot be replaced at any cost.
(2) Inexpensive but destructive development will eventually cost
more in the long run than careful (EIS approved), thoroughly
planned development using the most ecologically sound methods.
A California builder was recently quoted as saying," Some of
the things we are fighting now are caused by developers who took
advantage of poor regulations for a quick turn of the dollar.
This has left a mar on the land, and people don't want to see
it happen again."
(3) Often the income from an increased tax base derived through
unbridled residential, commercial, and industrial development
will be completely negated by the increased demand for costly
public service in poorly planned areas.
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(4) Cost for preparation of EIS amount to less than 1% of
building cost. (A small price to pay for the protection
afforded).
(5) The costs of EIS generally range with the size and cost
of the total project so that small builders are not dis-
criminated against.
Against
(1) Developers will protest costly construction delays while
decisions are pending on the Environmental Impact State-
ments.
(2) More rigid criteria and the cost of EIS preparation will
increase engineering, consultant, and materials costs which
will increase the cost to the consumer.
(3) Administrative costs in government will increase due to
the need for an EIS evaluation and possibly on EIS preparation
staff. The developers' costs will be passed to the consumer
through tax increases.
(**) Only attorneys will profit in the long run from the long
and tedious court battles which will ensue from the enforce-
ment of the EIS ordinance and procedures.
(5) It will be necessary to either increase the review and
hearing workload of the commissioners, planning board, or
create a new board or commission to handle EIS.
(6) Political costs paid by the commissioners enacting such
a policy may be significant in terms of developer, industrial
and commercial support.
(7) The complexity of EIS attacks one of the mainstays of the
building industry, the small local builder/entrepreneur,
in a discriminatory fashion.
EFFECTIVENESS IN MEETING ENVIRONMENTAL GOALS
For
(1) The requirement will give the Commissioners the
opportunity to establish a policy of protecting the natural
and human environment and to move toward achieving this
objective by legislation and the establishment of administra-
tive procedures.
(2) It provides the means for local government to examine the
full effect of urban development on the total environment
and coordinate the growth of the community.
(3) If offers the opportunity to codify and upgrade standards
in areas of environmental effect, both those now controlled
and those uncontrolled at present.
Against
0) Local legislation will discriminate against large developers
with fairly good plans and allow developers of two or less
acres to go without control no matter how poor their plan.
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(2) Even an acceptable EIS is no assurance that there is no
harm to the environment in actual practice.
CITIZEN PARTICIPATION
For
(l) It offers a way to provide local citizens with the oppor-
tunity to review and comment on proposed development.
Aga inst
(I) There will be an increase in the public hearing load for
the Commissioners or other existing appointed board.
(2) Litigation against the county can result.
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ADDENDUM b.
ORDINANCE REQUIRING ENVIRONMENTAL IMPACT STATEMENT
WHEREAS, the North Carolina General Assembly has authorized the govern-
ing bodies of all cities, counties, and towns, acting individually
or collectively, to require any special-purpose unit of government
or private developer of a major development project to submit detailed
statements reflecting the environmental impact of such projects:
NOW, THEREFORE, the Board of Commissioners of Forsyth County hereby
ordains pursuant to G.S. 113 A.8 that any special-purpose unit of
government or private developer of any major development project,
where such project significantly affects the quality of the environ-
ment, submit at the earliest identifiable stage of the project a
detailed statement setting forth:
(a) The environmental impact of the proposed action;
(b) Any significant adverse environmental effects which
cannot be avoided should the proposal be implemented;
(c) Mitigation measures proposed to minimize the impact;
(d) Alternatives to the proposed action known to the person
submitting the statement, including:
(1) Alternative uses of the land in question, and
(2) Alternative ways to achieve the purposes of the
proposed project:
(e) The relationship between the short-term uses of the
environment involved in the proposed action, and the
maintenance and enhancement of long-term productivity;
and
(f) Any irreversible and irretrievable environmental
changes which would be involved in the proposed action,
should it be implemented.
AND WHEREAS, at least ten (10) copies of the environmental impact
statement shall be filed with (the County Clearinghouse Agency) for
review by said agency and transmittal to local, state, and federal
agencies having jurisdiction or expertise. One (l) copy shall be
placed in a file at the office of (the Clearinghouse Agency) and
shall be made available for inspection by the public.
AND WHEREAS, guidelines relating to the preparation of environmental
impact statements under this ordinance shall be prepared and made
available by the (Clearinghouse Agency) in accordance with the intent
and purpose of this ordinance and shall apply in the preparation of
environmental impact statements required by this ordinance.
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Specifically, and without limitation of other existing'or future guide-
lines, the guidelines set forth in Schedule A of this ordinance shall
apply to environmental impact statements required by this ordinance.
(The material set forth in Schedule A is included for the convenience
and information of persons submitting environmental impact statements).
DEFINITIONS
The term "major development project1' includes, but is not limited to,
shopping centers, subdivisions and other housing developments, industrial
and commercial projects, projects involving dredging or filling, and
any project which involves removal of any ground cover, natural or
man-made, of any buildings or other structures, or any water course
or body of water, either natural or man-made, provided that this definition
shall not include any projects of less than two contiguous acres in
extent.
A "project significantly affecting the quality of the environment" is
a major development project that may have a detrimental impact on air
or water quality or on ambient noise levels for adjoining areas; that
involves large scale alteration of existing environmental components,
including possible contamination of a public or domestic water supply
system or source, effects on ground water, flood hazards, erosion or
sedimentation potential; that will affect historic or archaeological
sites; that will significantly increase traffic hazards and congestion;
or will affect the healthful and convenient distribution of the population
and its housing and the wise and efficient expenditure of public funds
in the adequate provision of public utilities and other public require-
ments.
ADMINISTRATION AND ENFORCEMENT
Within sixty (60) days subsequent to the filing of the environmental
impact statement and after review and comment by the designated
Clearinghouse Agency, the Board of County Commissioners shall hold a
public hearing on the proposed project. Notice of the hearing shall
be published in a newspaper of general circulation wfthin the area no
less than two weeks prior to the date of the hearing. The Superintendent
of Inspections shall not issue any building permit or certificates of
occupancy or compliance for any structure within a major development
project except upon finding that the requirements of this ordinance
have been met. Nor shall any approval, permit, license, certificate
or filing provided for by any zoning ordinance, subdivision control ordinance,
or other land use control ordinance be granted or allowed for projects
subject to the control of this ordinance by the Board of Commissioners,
the Superintendent of Inspections or any other county official or body
except upon a finding that the requirements of this ordinance have been
met.
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EFFECTIVE DATE
This ordinance shall be in full force and effect from and after the
date of its adoption by the Board of Commissioners of Forsyth County,
North Carolina, etc.
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SELECTED WATER
RESOURCES ABSTRACTS
INPUT TRANSACTION FORM
4. Title
Environmental Management and Local Government
7, Author(s)
Steve Carter, Murray Frost, Claire Rubin, Lyle Sumek
9. Orga.aiza.tion :
International City Management Association
1140 Connecticut Avenue
Washington, D. C. 20036
in. Project No
11. Contract/Grant No.
801374
15. Supplementary Notes
Environmental Protection Agency report
number EPA-600/5-73-016, February 1974.
16, Abstract
This report presents the results of a study of environmental management and
local government. The study has two main components: (1) a survey of chief executives
in cities over 10,000 population & counties over 50,000; and, (2) a series of field
studies of local environmental management in Dallas, Texas; Inglewood, California;
Miamlsburg, Ohio; & the Piedmont Triad Region (Forsyth and Guilford Counties), North
Carolina.
The major topics covered in the study include: perception of the definition of environ-
ment, priority of environment as,a local policy issue, and types of environmental
problems facing each local government; adoption of local policy statement on the en-
vironment; existence of citizen environmental boards, environmental agencies, environ-
mental sections in master plans, land use controls, other environmental controls, mor-
atoria, environmental quality standards, environmental impact assessment procedures,
environmental law suits, tax incentives and penalty charges; factors contributing to
and factors creating obstacles to development of environmental programs; and, relations
with state and federal agencies.
17a. Descriptors
survey, case study, environmental management
T7b. Identifiers
lie. CO.WRR Field & Group
18. Availability
Abstractor Steve Carter
Send To :
WATER RESOURCES SCIENTIFIC INFORMATION CENTER
US DEPARTMENT OF THE INTERIOR
WASHINGTON. O C 2O24O
institution International City Management Association
OUS. GOVERNMENT PRINTING OFFICE 1974 546-317/3Z7 1-3
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