Board says no immediate further appeal on CSO permit language; will model DEP fluoride limits

A Sanitary Board member told colleagues the board had appealed a problematic term in a DEP permit and removed it, and said the board will not pursue an additional appeal at this time while planning a technical and legal review of proposed fluoride limits.

The member said the contested permit language would have required that any discharge from CSOs could not cause or contribute to a violation of water-quality standards — a standard the speaker characterized as "physically and chemically impossible." "We appealed that term and and won completely," the member said, adding that the board will accept the reduced risk as a business decision rather than spend additional ratepayer funds on further appeals.

On fluoride the member said the Department (DEP) proposed a new limit that could require fluoride removal at the wastewater plant at significant cost. Staff have run sampling and plan to hire a consultant to plug the data into the DEP's modeling algorithm and to consult legal counsel as needed; the member estimated consultant and legal costs would not exceed $7,500. The member said model results and a staff recommendation will be available for the board at the next meeting.

Why this matters: Permit language and numeric limits set by regulators (DEP in the record) can create costly compliance obligations and exposure to citizen suits; the board's decision balances legal risk against ratepayer costs and seeks technical modeling before escalating further legal action.

The board also noted the Summit Park PST acquisition is closed and title has transferred to the board, including equipment and rolling stock; staff said closeout tasks remain.