Council urged to enforce soil-sampling rules, update fees and track permit reports after DEQ guidance

At a July 28 work meeting, a city staff member identified only as Anne reviewed required soil-sampling and excavation duties the city must carry out under its land-use rules and guidance from state regulators, urging clearer procedures, better recordkeeping and reconsideration of the application fee.

“...the first one, and I think this is primarily what I was scheduled for, was just to review kind of the sampling and soil ordinance,” Anne said, summarizing a checklist of about 20 items the city is expected to administer.

The list Anne reviewed (she said it was drawn from a DEQ packet) includes: providing and posting application forms; maintaining an EPA map showing site boundaries at city offices; establishing inspection and sampling procedures; supervising sampling activities on-site; performing pre-construction and final inspections plus periodic random inspections; maintaining photo and written documentation of inspections and violations; operating and securing an open-cell soil disposal area; and preparing an annual operations report on permits, violations and activity.

Anne told the council the city’s current application fee is $25 and suggested that low fee may not cover staff time for permitting and on-site monitoring. "$25 just for the application," someone in the meeting confirmed. Anne advised the council to consider charging developers for the actual staff hours required to monitor sampling and inspections, or to track staff time and bill accordingly.

Council staff said some historic state funding existed for operations and maintenance activities: Patricia said the city historically received $5,000 per year but that staff had not filed required reports and that an agreement had lapsed. Patricia said conversations with state contacts suggested up to $15,000 might be available, but she had not located an active funding agreement or recent payments.

Anne also suggested the city post and maintain the EPA site map in the city offices and keep a consistent record-keeping system for permits and inspection forms. She said the city should maintain the Eureka Gulch area and control access to an open-cell disposal site to prevent illegal dumping or mixed-material disposal.

On enforcement, Anne and council members discussed practicalities: the city can issue notices of deficiency or stop-work orders if excavation proceeds without required permits or if sampling fails to meet standards. Anne recommended the city designate one or more staff members (she mentioned a staff member named Joe who has performed inspections) to oversee sampling and suggested the city formalize work orders or requisition forms so time spent is tracked and funded.

Patricia told the council that staff have not regularly uploaded permit coordinator reports to the online system, which limits the city’s ability to document hours and claim state reimbursements. "I haven't seen a report since Lynn Elliott was here," Patricia said, indicating a gap in submitted documentation.

Anne offered to follow up with a DEQ contact to check whether state funds remain available and whether the city’s previous paperwork could be restored to secure reimbursements. Several council members said they wanted a clearer fee structure tied to actual staff hours, and one councilmember suggested posting an updated EPA map in the public office during regular business hours.

No formal action was taken at the work meeting; councilors agreed to return the item to a future regular meeting for possible ordinance or fee adjustments and to pursue information about available state funding.