CITY OF LOYALTON has received a Notice of Violation following a complaint regarding the City’s use of uncertified operators to operate the City’s wastewater treatment plant.
On April 26, 2023, Office of Enforcement reached out to the City to obtain information on who is operating the wastewater treatment plant. City Clerk Kathy LeBlanc responded that John Cussins is the City’s operator of record and Kenneth Bennett is City’s site operator. OE staff confirmed Bennett previously held an operator-in-training (OIT) certificate but his OIT certificate expired on October 24, 2021 and Bennett does not currently have a valid, unexpired wastewater operator’s certificate. OE staff informed LeBlanc that Bennett is not a certified operator and is not allowed to operate the wastewater treatment plant per the wastewater operator certification regulations. LeBlanc revised her statement, stating Cussins is the one operating the WWTP and Bennett is employed by the City and works at the WWTP under direction of Cussins.
On May 4th OE staff interviewed Justus Lundy, with a Grade II Certificate who explained he was employed for the City from January 2022 to March 2023 and stated the plant is for the most part automated but you want someone there every day checking numbers and making sure pumps are running. He explained Cussins used to run the plant and he would be in contact with him if there were problems. Lundy stated Bennett is still employed by the City and is an operator-in-training but other than Bennett, there are currently no certified operators. With a duckweed problem, they need to have someone out there every day pulling duckweed and the WWTP has issues with aerators. Lundy stated Cussins would never come out to the plant and he was only in contact by phone.
On May 8th OE staff interviewed Cussins, with a Grade I Certificate who stated he is retired but has been the city’s operator of record off and on over the past ten years. He explained the City’s issues keeping operators and offered his service to consult when Lundy resigned. He trained Lundy but the City does not currently have an operator and he explained he trained Bennett and he is in touch with Bennett a couple times a week and Bennett sends him photos but he has not been to the site for a few years.
On June 6th OE staff reviewed audio footage and transcript from the May 1st Council meeting which revealed Mayor Sarah Jackson confirmed the WWTP is under Cussins’ License with no other licensed operators named.
Based on OE’s investigation, OE determined since Lundy’s departure, Bennett has been site operator for the WWTP and Cussins has not been to the site in a few years. This constitutes a violation of the wastewater operator certification regulations and is subject to administrative and/or enforcement action.
The State Water Board may impose administrative civil liability in an amount not to exceed $100 for each day of violation and may refuse to grant, suspend or revoke an operator provisional operator or operator-in-training certificate or may reprimand or place on probation an operator, provisional operator or operator-in-training upon any reasonable ground, including performing or allowing or causing another to perform, any acts without regard to intent or negligence, operating or allowing the operation of a wastewater treatment plant by a person who is not certified at a grade level necessary for the position or whose operator,provisional operator or operator-in-training certificate has expired.
At the June 20th City Council meeting, Mayor Sarah Jackson stated under question, that the City was working with the State and water boards and had not received a fine.
“NO OUTSIDE WATERING THROUGH THE WEEK END” was the message given at the Loyalton City Water Infrastructure ad hoc committee meeting July 6th. Mayor Sarah Jackson stated residents “went crazy” with water between Friday and that day. They over-consumed, she said, and didn’t abide by water restrictions.
As of Wednesday, tanks were too low and the city called the fire department to enact mutual aid. The mayor told how they’d “traced water lines for leaks” and there were no leaks. The 4th was a hot week end with more people in town than normally and people were not abiding by water rules and choosing to water more.
On the water line repair, Mayor Jackson stated there had been three separate contractors who all declined to replace in kind and want it engineered. DOWL Engineering is to go out to bid. There was no estimation on when they would get an official bid and thought they may have more information the next day. The City doesn’t know the cost but stated it has the money for engineering, budgeting $15,000. It would be a Task Order by July 18th at the regular City Council meeting to approve. It was stated DOWL has been on site when it was last dug and got specs.
The City filed an extension on the $80,000 grant and were granted a percentage increase and will compile an approval letter.
The mayor told of having a good conversation with USDA and a representative will come in July to give an update on the process of USDA grants and what is available and what it has to offer. They will meet Jerry Gerow as incoming mayor, being that will be Sarah Jackson’s last meeting, and they will make personal connections. Sarah will remain on the committee at the discretion of the City Council.
Committee member Doug McCoy talked on “Polarizing opinions” and praised work by Gina and Sarah which could be unraveled and told how the City has to show it can fund 20% of those dollars. He told of the work and time by City officials to get to this process and it would be “unfortunate to toss it aside.” He said if there is no 20%, there is no appropriations money and it can’t be reallocated, having a domino affect.
The mayor explained how USDA can transfer from an incorporated City to a public utility district loan/grant and can transfer and be utilized but if the City is in default, can never get another loan/grant.
Concerning the Prop. 218 petition, they have had to be recounted and verified. Out of a total of 399 properties, they would need 200 signatures. Council member Joy Markum said some can withdraw if “led astray, misguided or given false information” with the petition and she stated, one petition per lot and there are a few more than one per lot.
Doug outlined the steps of having applied for $5 million federal appropriations through Congressman Kevin Kiley’s office and regardless of movement, there still has to be the ability for a 20% match. The mayor added how the $5 million and $1 million match “can get a whole section of town.” Doug talked of a great opportunity to get Kiley up here and participate, adding “no guarantee but it creates a partnership.” Doug is attending a rural grant fund training the first of August and will share information.
In the audience, Julie Herod wanted to discuss the remote licensing agreement and the need to declare bankruptcy. The mayor asked she not sabotage the City. Doug talked of the “enormous amount of work" submitted. Ad Hoc Committee member Bill Mertton stated how the meeting was “interrupted by disincorporation and we’re here for water.” He didn’t want to “waste my time going on about it.” The mayor stated, “In regard of incorporation or bankruptcy, we still have to drink water and told how Julie had told USDA not to fund the grant that will improve reliability of the water and called it “sabotaging and stabbing neighbors in the back.” She played the tape of Julie Herod recorded on a call to USDA where she stated, “It’s probably not a good idea to give this town money.”
Doug found it “personally frustrating.” Sarah explained how “there are no federal monies for us if we are bankrupt.” Sarah called it a “bad idea” to go bankrupt and suggested Julie “get rid of the bankrupt idea; a horrible idea and no low interest rates.”
It was repeated that the City does have a plan of correction with the violation over uncertified operators.
NOTE: City of Loyalton outside watering resumes per the previously posted schedule effective Monday 7/10/2023. Commercial properties follow their Monday, Wednesday, and Friday schedule. Residential properties follow their Tuesday, Thursday, and Saturday schedule. No watering of any kind on Sunday. The City recommends continuing to supplement your gardens or flower beds with recycled household water. If the schedule is abused individual consumers will face fines and the City may face further City-wide restrictions again.
On April 26, 2023, Office of Enforcement reached out to the City to obtain information on who is operating the wastewater treatment plant. City Clerk Kathy LeBlanc responded that John Cussins is the City’s operator of record and Kenneth Bennett is City’s site operator. OE staff confirmed Bennett previously held an operator-in-training (OIT) certificate but his OIT certificate expired on October 24, 2021 and Bennett does not currently have a valid, unexpired wastewater operator’s certificate. OE staff informed LeBlanc that Bennett is not a certified operator and is not allowed to operate the wastewater treatment plant per the wastewater operator certification regulations. LeBlanc revised her statement, stating Cussins is the one operating the WWTP and Bennett is employed by the City and works at the WWTP under direction of Cussins.
On May 4th OE staff interviewed Justus Lundy, with a Grade II Certificate who explained he was employed for the City from January 2022 to March 2023 and stated the plant is for the most part automated but you want someone there every day checking numbers and making sure pumps are running. He explained Cussins used to run the plant and he would be in contact with him if there were problems. Lundy stated Bennett is still employed by the City and is an operator-in-training but other than Bennett, there are currently no certified operators. With a duckweed problem, they need to have someone out there every day pulling duckweed and the WWTP has issues with aerators. Lundy stated Cussins would never come out to the plant and he was only in contact by phone.
On May 8th OE staff interviewed Cussins, with a Grade I Certificate who stated he is retired but has been the city’s operator of record off and on over the past ten years. He explained the City’s issues keeping operators and offered his service to consult when Lundy resigned. He trained Lundy but the City does not currently have an operator and he explained he trained Bennett and he is in touch with Bennett a couple times a week and Bennett sends him photos but he has not been to the site for a few years.
On June 6th OE staff reviewed audio footage and transcript from the May 1st Council meeting which revealed Mayor Sarah Jackson confirmed the WWTP is under Cussins’ License with no other licensed operators named.
Based on OE’s investigation, OE determined since Lundy’s departure, Bennett has been site operator for the WWTP and Cussins has not been to the site in a few years. This constitutes a violation of the wastewater operator certification regulations and is subject to administrative and/or enforcement action.
The State Water Board may impose administrative civil liability in an amount not to exceed $100 for each day of violation and may refuse to grant, suspend or revoke an operator provisional operator or operator-in-training certificate or may reprimand or place on probation an operator, provisional operator or operator-in-training upon any reasonable ground, including performing or allowing or causing another to perform, any acts without regard to intent or negligence, operating or allowing the operation of a wastewater treatment plant by a person who is not certified at a grade level necessary for the position or whose operator,provisional operator or operator-in-training certificate has expired.
At the June 20th City Council meeting, Mayor Sarah Jackson stated under question, that the City was working with the State and water boards and had not received a fine.
“NO OUTSIDE WATERING THROUGH THE WEEK END” was the message given at the Loyalton City Water Infrastructure ad hoc committee meeting July 6th. Mayor Sarah Jackson stated residents “went crazy” with water between Friday and that day. They over-consumed, she said, and didn’t abide by water restrictions.
As of Wednesday, tanks were too low and the city called the fire department to enact mutual aid. The mayor told how they’d “traced water lines for leaks” and there were no leaks. The 4th was a hot week end with more people in town than normally and people were not abiding by water rules and choosing to water more.
On the water line repair, Mayor Jackson stated there had been three separate contractors who all declined to replace in kind and want it engineered. DOWL Engineering is to go out to bid. There was no estimation on when they would get an official bid and thought they may have more information the next day. The City doesn’t know the cost but stated it has the money for engineering, budgeting $15,000. It would be a Task Order by July 18th at the regular City Council meeting to approve. It was stated DOWL has been on site when it was last dug and got specs.
The City filed an extension on the $80,000 grant and were granted a percentage increase and will compile an approval letter.
The mayor told of having a good conversation with USDA and a representative will come in July to give an update on the process of USDA grants and what is available and what it has to offer. They will meet Jerry Gerow as incoming mayor, being that will be Sarah Jackson’s last meeting, and they will make personal connections. Sarah will remain on the committee at the discretion of the City Council.
Committee member Doug McCoy talked on “Polarizing opinions” and praised work by Gina and Sarah which could be unraveled and told how the City has to show it can fund 20% of those dollars. He told of the work and time by City officials to get to this process and it would be “unfortunate to toss it aside.” He said if there is no 20%, there is no appropriations money and it can’t be reallocated, having a domino affect.
The mayor explained how USDA can transfer from an incorporated City to a public utility district loan/grant and can transfer and be utilized but if the City is in default, can never get another loan/grant.
Concerning the Prop. 218 petition, they have had to be recounted and verified. Out of a total of 399 properties, they would need 200 signatures. Council member Joy Markum said some can withdraw if “led astray, misguided or given false information” with the petition and she stated, one petition per lot and there are a few more than one per lot.
Doug outlined the steps of having applied for $5 million federal appropriations through Congressman Kevin Kiley’s office and regardless of movement, there still has to be the ability for a 20% match. The mayor added how the $5 million and $1 million match “can get a whole section of town.” Doug talked of a great opportunity to get Kiley up here and participate, adding “no guarantee but it creates a partnership.” Doug is attending a rural grant fund training the first of August and will share information.
In the audience, Julie Herod wanted to discuss the remote licensing agreement and the need to declare bankruptcy. The mayor asked she not sabotage the City. Doug talked of the “enormous amount of work" submitted. Ad Hoc Committee member Bill Mertton stated how the meeting was “interrupted by disincorporation and we’re here for water.” He didn’t want to “waste my time going on about it.” The mayor stated, “In regard of incorporation or bankruptcy, we still have to drink water and told how Julie had told USDA not to fund the grant that will improve reliability of the water and called it “sabotaging and stabbing neighbors in the back.” She played the tape of Julie Herod recorded on a call to USDA where she stated, “It’s probably not a good idea to give this town money.”
Doug found it “personally frustrating.” Sarah explained how “there are no federal monies for us if we are bankrupt.” Sarah called it a “bad idea” to go bankrupt and suggested Julie “get rid of the bankrupt idea; a horrible idea and no low interest rates.”
It was repeated that the City does have a plan of correction with the violation over uncertified operators.
NOTE: City of Loyalton outside watering resumes per the previously posted schedule effective Monday 7/10/2023. Commercial properties follow their Monday, Wednesday, and Friday schedule. Residential properties follow their Tuesday, Thursday, and Saturday schedule. No watering of any kind on Sunday. The City recommends continuing to supplement your gardens or flower beds with recycled household water. If the schedule is abused individual consumers will face fines and the City may face further City-wide restrictions again.
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