June 20, 2004 in Idaho

City officials prepare suit against EPA

Associated Press
 

CASTLEFORD, Idaho – City Council members who say a federal arsenic mandate is unfair and unaffordable are considering a lawsuit against the Environmental Protection Agency.

“I am looking at the case from the point of view that while everybody is required to meet these standards, municipalities are not funded equally,” said City Attorney Mark Guerry, who has been directed to begin preparing the lawsuit. “It’s an unfunded mandate argument. Congress has to fund this so everyone, especially in the rural areas, gets a proportionate amount of the money available.”

The EPA has mandated cities to curb the amount of arsenic in drinking water to a level below 10 parts per billion by 2006. Castleford’s arsenic levels have been measured at 22 ppb.

Estimates to build a new water treatment facility are around $200,000, and operation costs could reach $104,000 annually. Castleford’s yearly budget is only about $175,000. The Competitive Enterprise Institute, a nonprofit public policy organization, is helping Castleford officials with the lawsuit, which has no specific file date. City Council members would like the issue resolved through the EPA or Congress.

U.S. Reps. Butch Otter and Mike Simpson petitioned EPA Administrator Mike Leavitt to reevaluate Castleford’s request to be exempted from the arsenic rule deadline of Jan. 23, 2006, saying that costs of the federal stipulations are greatly increased in small, rural towns.

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