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Board hearing centers on alleged May 2025 plant upset and later February 2026 incident
Summary
Counsel for both Midcontinent and the city referenced a May 2025 treatment-plant upset that underlies NOV001 and a separate February 2026 upset that Midcontinent says could affect culpability.
Both sides referenced multiple treatment-plant upsets in arguing the motion. Mark Walker argued that the incident the city cites occurred in May 2025 and that a separate February 2026 upset may show facts that exonerate Midcontinent for the May event.
City counsel acknowledged both incidents would be discussed at the hearing but argued the underlying notice of violation and related filings date back many months and that Midcontinent had ample time to raise scheduling conflicts or documentary needs. The parties indicated forthcoming testimony from city employees about the permit and informal information exchanges.
