I got there at the end, but here is the Agenda and some discussion points that they sent out to accompany the meeting......
Housatonic Basin Natural Resources Restoration Project
Natural Resources Trustee SubCouncil for Connecticut
Public Informational Meeting
AGENDA
Tuesday, March 28, 2006
7:00 PM
Kent Town Hall
Public Informational Session:
• Project Updates:
Status of Contract Review
• Presentation and discussion of the proposed Restoration Project Eligibility Criteria
• Questions/Comments
Connecticut SubCouncil Meeting:
• Because there are no items requiring formal action by the SubCouncil, it is anticipated that a formal meeting will not be convened.
Housatonic River Basin
Natural Resources Restoration Project
Natural Resource Trustee SubCouncil for Connecticut
The Trustee SubCouncil for the Geographic Area of Connecticut (“SubCouncil”) seeks comments from the public on proposed Eligibility Criteria. The Eligibility Criteria will be used in the future to screen all restoration proposals submitted to the SubCouncil.
The SubCouncil will present and discuss the proposed Eligibility Criteria at the March 28, 2006 SubCouncil public meeting. Approval of the “Eligibility Criteria,” if appropriate, will be an action item for the SubCouncil at it’s April 25, 2006 meeting. The development of restoration project Evaluation Criteria will commence, and include public input, after the finalization of the Eligibility Criteria.
Proposed Eligibility Criteria for Restoration Projects in Connecticut:
1. Does the [preliminary] proposal contain the information identified by the CT SubCouncil as set out in the “Instructions for the Preparation and Submission of Restoration Proposals”?
A “NO” response may render the proposed project ineligible for further consideration.
The CT SubCouncil is planning to review the various funding mechanisms available to it for implementation of selected projects. Depending on the mechanism selected, it may be possible to refer incomplete proposals back to the proposer for additional information. If this proves to be the case, the CTSC reserves the right to either reject the [preliminary] proposal as incomplete or to return it to the proposer with a description of the additional information required. If the preliminary proposal is returned for additional information, the CT SubCouncil may set a deadline for resubmission.
2. Does the Proposed Project restore, rehabilitate, replace, and/or acquire natural resources or natural resource services equivalent to those that were injured by the release of PCBs or other hazardous substances from the GE facility at Pittsfield, MA?
A “NO” response renders the proposed project ineligible for further consideration.
The CT SubCouncil will only fund a restoration project if the primary purpose of the project is to restore, rehabilitate, replace, or acquire the equivalent of natural resources and/or their services that were injured by the release of PCBs and/or other hazardous substances into the Housatonic River watershed. The CT SubCouncil may not select a proposed project for funding if, in the opinion of the Trustee Representatives, the restoration benefit to the injured natural resource and/or its related services is incidental to the objective of the project. This criterion addresses the requirements of NRDA regulations 43C.F.R. § 11.81-82 and 11.93.
3. Is the Proposed Project, or any portion of the Proposed Project, an action that is presently required under other federal, state, or local law, including but not limited to, enforcement actions?
A “YES” response renders the Proposed Project ineligible for further consideration.
In the Trustee Memorandum of Agreement (MOA) , Part VII, Section D, the Trustees state that:
“The Trustees agree that all selected Restoration projects or alternatives, whether funded or undertaken directly by the Trustees or otherwise, must not…be otherwise required by an independent legal obligation to perform the project pursuant to statute, regulation, ordinance, consent decree (excluding the consent decree that is the subject of this MOA), judgement, court order, permit condition or contract or if otherwise required by federal, state, or local law. Regardless of whether a governmental body or agency has elected to exercise its discretion to enforce a provision of law, if any governmental body or agency has the authority to order a party to commence certain work or activities subject to enforcement actions then the Trustee Council or relevant SubCouncil will consider the project “otherwise required” and not appropriate to be considered for funding.”
4. Is the Proposed Project inconsistent with any federal, state, or local law or policy?
A “YES” response renders the Proposed Project ineligible for further consideration.
The CT SubCouncil will determine whether a proposed project is consistent with applicable federal, state, and local laws, regulations, and policies. The CT SubCouncil will not fund a restoration project that is inconsistent with any federal, state, or local law, regulation, or policy. This criterion addresses the direction provided to the Trustees in NRDA regulations, 43 C.F.R. § 11.82(d)(9) and (10).
5. Will the proposed project, or any portion of the proposed project, be inconsistent with any ongoing or anticipated remedial actions in the Housatonic River watershed?
A “YES” response renders the Proposed Project ineligible for further consideration.
In the MOA, Part VII, Section D, the Trustees state that:
“The Trustees agree that all selected Restoration projects or alternatives, whether funded or undertaken directly by the Trustees or otherwise, must not …be inconsistent with any ongoing or anticipated remedial action.”
The CT SubCouncil will not fund a restoration project that will be undone or negatively impacted by, or that will interfere with, any remediation work, including completed, ongoing, and future actions. The CT SubCouncil will consult with the USEPA for additional information relevant to the likelihood that the proposed project will or may be inconsistent with future remediation activities.
The CT SubCouncil recognizes that this Eligibility Criterion may be difficult to apply to some proposed projects; particularly those located in areas where remediation plans have not been completed. The CT SubCouncil may, at its sole discretion, retain for further consideration any project for which such determination is not yet possible. The CT SubCouncil may also retain sufficient funding in the restoration account to allow the future implementation of one or more such projects. The foregoing notwithstanding, no retention of a proposed project or any restoration funds shall be interpreted to be a commitment to implement such project.
Table 1: Proposed Eligibility Criteria.
Criterion Response Response Result
1. Does the [preliminary] proposal contain the information identified by the CT SubCouncil as set out in the “Instructions for the Preparation and Submission of Restoration Proposals”? YES or NO A “NO” response may render the proposed project ineligible for further consideration.
2. Does the Proposed Project restore, rehabilitate, replace, and/or acquire natural resources or natural resource services equivalent to those that were injured by the release of PCBs or other hazardous substances from the GE facility at Pittsfield, MA?
YES or NO A “NO” response renders the Proposed Project ineligible for further consideration.
3. Is the Proposed Project, or any portion of the Proposed Project, an action that is presently required under other federal, state, or local law, including, but not limited to, enforcement actions?
YES or NO A “YES” response renders the Proposed Project ineligible for further consideration.
4. Is the Proposed Project inconsistent with any federal, state, or local law or policy? YES or NO A “YES” response renders the Proposed Project ineligible for further consideration.
5. Will the proposed project, or any portion of the proposed project, be inconsistent with any ongoing or anticipated remedial actions in the Housatonic River watershed? YES or NO A “YES” response renders the Proposed Project ineligible for further consideration.