Drain commissioner says Consumers Energy rejected stormwater agreement for Spring Creek solar; county staff disagree on who must complete review

Barry County's drain commissioner told the Board of Commissioners on May 6 that Consumers Energy declined to accept key items in a proposed stormwater agreement for the Spring Creek solar project, potentially forcing the county to re-evaluate the project's alternative stormwater management plan.

Why it matters: The drain commissioner's office said its earlier acceptance of alternate stormwater approaches for the project was contingent on a signed stormwater agreement that would include bonding, liability insurance and sample/monitoring commitments; without such an agreement, the office said it will not approve the facility's stormwater plan. County administrators told the board they interpreted the zoning ordinance differently and that the county administrator might issue the permit without the drain commissioner's sign-off.

Barry County Drain Commissioner Jim (name provided in the meeting as Jim) described a months-long review process that began with Consumers Energy submitting a…