Edelstein Associates

Description

Projects and Cases WATER RESOURCES Ohio-Kentucky Drinking Water/Wastewater Mediation Mr. Edelstein successfully resolved a long-running interstate complex litigation involving the states of Ohio and Kentucky and the US EPA. The case resulted from the permitting by the State of Kentucky of a wastewater treatment plant discharging to the Ohio River 11 miles upstream of the City of Cincinnati’s drinking water intakes, which supply 1.5 million consumers. The City of Cincinnati sued the State of Kentucky and the Sanitation District One of Northern Kentucky. After members of the Congressional delegations from both states prevailed upon US EPA to intervene, US EPA engaged Mr. Edelstein to mediate the dispute. The situation highlighted the intersection between the Clean Water Act and the Safe Drinking Water Act, with particular focus on the Long-Term 2 Enhanced Surface Water Treatment Rule. Specific issues included risks from pathogens, emerging contaminants, Ohio River mixing characteristics, and sampling/monitoring protocols. A full settlement was reached in which the parties agreed to implement a joint research, monitoring, and notification program, which is now underway. Stormwater National Policy Workshop on Volunteer Monitoring This two-day workshop brought together national stormwater management experts and state-based policymakers, under the sponsorship of the US EPA, the Ocean Conservancy, state and local agencies and non-profits. The workshop goal was to develop information and principles to be used in the development of a model guidance document for volunteer monitoring procedures, with the potential to serve as the foundation for national volunteer water-quality monitoring efforts. Services provided included process design, oversight of issues assessment and participant recruitment, and facilitation of the two-day workshop. Hudson River PCB Superfund Cleanup - Community Advisory Group Member of facilitation team for public involvement in the $400 million dredging cleanup of the Hudson River. This long-planned and awaited project has a strong public participation component that involves multiple communities, businesses, advocacy organizations, local, state and federal agencies, and others in a Community Advisory Group (CAG). Project is under the auspices of the US EPA. Outcomes include clarification of key issues, joint fact-finding, and enhanced communication amongst the diverse interests involved in or affected by the clean-up. National Water Resources Technology Workshop Facilitation team member for national workshop of diverse stakeholders on research, regulatory barriers, public outreach and education, and strategy regarding distributed and non-structural water, wastewater and stormwater infrastructure solutions. Interlocal Stormwater Working Group Facilitation of the ongoing activities of the working group, which has developed and is implementing a collaborative, cross-border approach to stormwater management.

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