LIBERTY – After differing opinions on when the timer would start counting down the town’s due date for passing forward or denial of the PUD application, a motion by Councilman Brian McPhillips set the official start date on October 16, the day of the meeting.

The motion passed unanimously after discussion between McPhillips and Councilmen Dean Farrand and John Lennon. Prior to the vote, Lennon noted his initial desire to receive an updated map and plans from the applicant before any further decision was made. 

However, the motion was seconded by Councilman Vincent McPhillips and passed by the rest of the board. Town Attorney Ken Klein noted that even when the 45 day timer runs out, the town is not obligated to make a decision, but will possibly face article 78 proceedings. 

With the start date set, the end date is November 30.

“I am not sure if all the information will be received before that date,” DeMayo said, however he did note that he thinks it should be nearing time for the town to come to a determination.

EPA compliance order

The US Environmental Protection Agency (EPA) has issued an administrative compliance order against the Town of Liberty for its violation of the Clean Water Act. This order is in regards to the Swan Lake Sewage Treatment Plant.

The violation is in regards to the town’s failure to have a manual regarding the operations and overseeing of the sewer plant, as well as a lack of enforcement of said operations.

According to Town Supervisor Frank DeMayo, who said that according to the Article 121 of the Town Code, there is proper enforcement of the plant’s facilities and that the EPA’s assessment regarding this portion of the citation is inaccurate, however the town will still answer to the EPA accordingly.

DeMayo said that while they search for a manual that may or may not have existed in the first place, there is a certified sewer operator who is qualified and knowledgeable in the operations of the plant.

Additionally, the Supervisor noted that the plant was constructed in 1985 and has reached the end of its life cycle. In light of this, the town is already in the works for constructing a new sewer plant. The Supervisor said that making a manual to match the existing plant would be both expensive and unwise with the anticipation of the new plant.

There are no fines or fees attached with the citation. Additionally, due to the nature of the administrative compliance order, there is no danger to the quality of the water being treated at the plant.