DEQ sets deadlines for Black Bear sewer permit, grant application At the April 11 Grant Township Board meeting in Copper Harbor, Black Bear President Lonie Glieberman asks the township to apply for grants to fund the proposed Mt. Bohemia sewage treatment system. An Apr. 27 letter from the  Michigan Department of Environmental Quality (DEQ) to Glieberman requests information necessary for permitting the system. The DEQ also lists deadlines for the grant application process, should the township agree to apply for the funds.  COPPER HARBOR ’Äì The Michigan Department of Environmental Quality (MDEQ) has requested that Black Bear Entertainment, Adventure & Recreation Co., Inc., adhere to a timetable in providing information necessary for obtaining a Part 31 Groundwater Discharge Permit for the proposed Mt. Bohemia Wastewater Facility near Lac La Belle. The timetable includes deadlines for notification concerning Black Bear’Äôs request that Grant Township apply for grants to fund the proposed wastewater system.    In an April 27 letter to Black Bear President Lonie Glieberman, DEQ Waste Management Division District Geologist Randy Conroy said Black Bear had not yet responded to the DEQ’Äôs February 8 deficiency letter concerning ownership of the property proposed for the treatment lagoons and discharge location. Black Bear must either own the property or receive written permission from the owner, International Paper/Lake Superior Land Co., to discharge on the property.   ’ÄúPlease be advised,’Äù Conroy writes in the April 27 letter, ’Äúthat continued delay on resolving the property ownership issue prohibits the Department from issuing the Part 31 Groundwater Discharge Permit and therefore seriously threatens your ability to construct the wastewater treatment system during the 2001 construction season. This delay jeopardizes your ability to provide wastewater treatment capabilities for the facility.’Äù   Although Glieberman said at the April 11 Grant Township Board meeting that Black Bear had a purchase agreement with IP/LSLC, they apparently have not yet purchased the property. At that meeting they also requested the township apply for grants to pay for construction of the sewage treatment facility. Should the township do so, they would become the owner of the system and the property and would assume liability in the case of any unlawful discharge to the environment.   Besides requesting settlement of the ownership question, Conroy’Äôs April 27 letter says the DEQ finds unacceptable both Black Bear’Äôs request for a Pump and Haul authorization for ski season 2001-2002 and his request for an extension of one year for the DEQ decision on the Part 31 Discharge permit. Conroy informs Glieberman that the DEQ cannot issue a Pump and Haul Permit for a new facility ’Äúwhere a collection sewer to serve the facility is not actually under construction or permits for an on-site treatment system have not received Department authorization.’Äù   During the 2000-2001 skiing season, Black Bear operated with temporary restrooms, approved by the Western Upper Peninsula District Health Department. Conroy said the DEQ Waste Management Division does not approve extending that health department permit beyond this summer.   Dr. Gail Shebuski, Western Upper Peninsula District Health Department health officer and medical director, was not available to comment on whether or not she had discussed extending the temporary restroom permit with Black Bear representatives.*   In the April 27 letter, Conroy also expresses the DEQ’Äôs concern with Black Bear’Äôs request that Grant Township apply for grant money, including a Michigan Economic Development Corporation (MEDC) Jobs Grant, which could result in delay in the construction of the wastewater treatment system until 2002.   ’ÄúDepartment staff inquiries to that agency identified that the municipality must be the grant applicant and own the property where the treatment system is located,’Äù Conroy’Äôs letter continues.   So far Grant Township has given no indication that they intend to purchase that property.   Conroy adds, ’ÄúIf the treatment system is proposed for public use, the municipality will have to make application to the Department for a Part 31 authorization to discharge. Also, in order for the Department to consider supplemental residential use of the private treatment system, the following information would be required: treatment system capacity would need to be demonstrated including identifying skier use and sanitary flows; existing and proposed construction must be approved by the Department in accordance with Part 41, Sewerage Systems, of Act 451; and the Township would need to identify the areas proposed for development and submit a basis of design for the increased flows.’Äù   Conroy asks Black Bear to meet several deadlines for the grant applications, including these in May:   By May 2, 2001 ’Äì Develop the Notice of Intent for the MEDC grant and provide Grant Township with information about the grant so they may make an informed decision. By May 10, 2001 ’Äì Determine whether Grant Township will apply for the MEDC grant or whether any other grant will be applied for by Black Bear. Conroy said early this week that he set the deadlines because of his concern about delay of the project and the permitting process.   ’ÄúI’Äôm concerned that Grant Township is going to continue to table their decision, and that puts Black Bear in a predicament and the Department in a predicament,’Äù Conroy said. ’ÄúAll of it really delays the project, so I want it all out on the table so we can determine our final decision (on permits).’Äù   Although Conroy had said previously that the township’Äôs applying for a grant would mean the treatment system would become a municipal system requiring a Part 41 construction permit, his April 27 letter indicates that, even with the grant, Black Bear would need only the Part 31 permit for a private system unless the project were extended to additional residential users. He said he changed his mind on this after consulting with the Lansing office of the DEQ Waste Management Division.   With just a Part 31 permit, if the township applies for a grant, it would be to fund a private system. The advantage to the township in this case, Conroy said, is that ’Äúthey’Äôre supporting the project.’Äù If the project were extended by the addition of residential users or if even one of the proposed rental cabins were  sold, Conroy said the system would then become a municipal system requiring a Part 41 permit.   ’Äú(Glieberman) would have to make application under Part 41, but still he’Äôd have to amend his Part 31 permit or request amending it,’Äù Conroy explained. ’ÄúNew or increased use requires a Part 31 authorization.’Äù   Glieberman has postponed a follow-up presentation to the township board until their June meeting. He recently told Grant Township Supervisor Ken Korhorn that he would be out of town and unable to attend the May 9 board meeting.   Korhorn said on Thursday, May 3, he had still received no communication on the grants from Black Bear or the granting agencies.   ’ÄúI have had no communication from any granting agencies,’Äù Korhorn said. ’ÄúMy only communication with Lonie Glieberman was his request to be moved from the May to the June Township Board agenda.’Äù   At the April 30 Grant Township Land Use Planning Committee meeting, John Landreville (third from right) the township's attorney, discusses possible scenarios of liability for the township, should it decide to apply or not apply for grants to fund the proposed sewage treatment system at Mt. Bohemia. Also pictured are (clockwise from foreground) Committee Member Chuck Brumleve, Co-chairs Anita Campbell and Barb Battersby, Grant Township Supervisor Ken Korhorn and Committee Members Barb Foley and Art Davis.   During a discussion with Grant Township Land Use Planning Committee members on April 30, the township’Äôs attorney, John Landreville, explained in general terms his interpretation of the township’Äôs liability for a project such as the sewage treatment system.   ’ÄúOne of the things that the township is liable for is overseeing the functioning of any discharge,’Äù Landreville said. ’ÄúYou automatically pick up that responsibility (even if the township does not own the system).’Äù   Landreville made a distinction between that general liability and a more direct liability for the township as applicant for the grant and owner of the system.   ’ÄúI think there’Äôs a difference ’Äì whether you’Äôre part of the project or whether you only have the obligation to oversee,’Äù he said.   Landreville explained that the township’Äôs responsibility (should there be an unlawful sewage discharge) was not so much to do the actual enforcement, but to instigate action from the appropriate agencies.   Conroy also indicated the township’Äôs liability is less of a risk if IP/LSLC retains ownership of the property, giving Black Bear authorization to discharge, or if Black Bear owns the property.   ’ÄúThe township is the last enforcement party,’Äù Conroy said, ’Äúand I only see that where there’Äôs generation of waste.’Äù   Chuck Brumleve, Grant Township Land Use Planning Committee member, said he didn’Äôt think most residents feared malfunctioning of the proposed modern treatment system.   ’ÄúThe fear that I think most people have,’Äù Brumleve said, ’Äúis if Black Bear builds a system and new residences and (then) leaves, the township is left to operate it (for the residences using it).’Äù   Landreville said his presentation at the Land Use Planning Committee meeting was an informal discussion about issues and options and about some of the legal ramifications that come from addressing those issues. He did not intend for his comments to be taken as a recommendation. He noted he would need more facts in order to apply the law to any situation.   ’ÄúOnce I have a factual scenario presented to me by the township board and they ask me for a legal opinion on it, then I can apply the law and give an opinion that I will stand behind,’Äù Landreville said. ’ÄúOtherwise it’Äôs purely speculation, and that doesn’Äôt benefit anyone.’Äù   Ken Korhorn, Grant Township Supervisor   However, Korhorn said he interpreted Landreville’Äôs comments to mean that, if the township does not apply for the grant, the liability risk for the township would be very small. If Black Bear were to go out of business and leave, they wouldn’Äôt be pumping sewage and there shouldn’Äôt be any unlawful discharge.   Korhorn noted one could make ’Äúsomewhat of a case’Äù for a benefit to the township if it applies for the grant and owns the system: a) The township would have control (if the township employs its own operator). b) There’Äôd be some infrastructure in place for possible future use if ever needed. c) An in-place bond would offer protection that the township would not otherwise have.   Black Bear has said it would provide a performance bond should the township apply for grant money to fund the sewage treatment system.   Added Korhorn, ’ÄúThe most important issue is the welfare of the township, and it’Äôs also important that the township board reflect the will of the people ... The general sense I have from the local residents is ’ÄòWe don’Äôt want to hook up to that system.’Äô’Äù   He added, ’ÄúThe folks that have talked to me are overwhelmingly opposed to the township being a grant applicant.’Äù   Tom Collins, South Shore Association President   South Shore Association President Tom Collins, who is a candidate for an open position on the Grant Township Board, said he believed applying for the grant to fund Black Bear’Äôs treatment system would be of little benefit to the township at this time.   ’ÄúIt’Äôs Black Bear’Äôs project. It’Äôs their treatment system,’Äù Collins said. ’ÄúI don’Äôt see that it benefits the township at this time. I don’Äôt see it benefiting Lac La Belle. It’Äôs a seasonal community. Lac La Belle would have the same problems as Copper Harbor has ’Äì exhorbitant costs for users.’Äù   He added, ’ÄúThe infrastructure issue should have been dealt with before they put in the project. It reflects poor planning.’Äù   Janet Shea, Grant Township Land Use Planning Committee member and Copper Harbor business owner, had a similar reaction to Black Bear’Äôs project.   ’ÄúI think Black Bear has put themselves in a difficult position in that they started construction of the ski hill before having the infrastructure in place. Now they expect the township to pay for their infrastructure without benefit to any other part of the community,’Äù Shea said.   Collins noted one possible benefit should the township apply for the grant.   ’ÄúIf Grant Township decides to go with the grant, at that point Grant Township is forming a business partnership with Black Bear,’Äù Collins said. ’ÄúThat means, since the performance bond will require a lot of scrutiny, Black Bear will have to reveal its feasibility studies, operational cost, last year’Äôs revenue and other information it has not revealed so far.’Äù   Karl Parks, Grant Township resident and planning committee member, said, ’ÄúIf Black Bear wants a sewer, have them put up their own dollars for it ’Äì not go after taxpayers’Äô money. We’Äôd be responsible for it ’Ķ We’Äôre not in any position to be owners of a sewer system.’Äù   Editor’Äôs Note: Since Black Bear and their employees do not give information to Keweenaw Today, and since the DEQ has apparently not received a reply to the April 27 letter, we were unable to determine whether or not Black Bear  received this letter.   Click on What's New on either the Keweenaw Liberty Library or on Keweenawland.com for the full text of the April 27 letter from the DEQ to Black Bear.   Click here to comment on this article ...                                                                                     ’Äì Michele Anderson                                                                                      May 5, 2001   *Editor's postscript: Dr. Gail Shebuski, Western Upper Peninsula District Health Department health officer and medical director, said on Monday, May 7, that WUPDHD officials reviewed Black Bear's development and discussed the fact that they would need to make progress on their Part 31 permit through the DEQ and would not be under the health department's jurisdiction for the next ski season.   "We let them know for next season they will be working with the DEQ if they want a Pump and Haul permit," Shebuski said. "Everything hinges on their Part 31 being approved ... I do think it's in everyone's best interest that they work on the grant. If they're going to proceed with the development, I think the grant is a good thing."