Unalaska, AK – The Environmental Protection Agency is accusing the city of violating their wastewater treatment plant permits. City attorney Brooks Chandler says the permit regulates how much treated sewage can be discharged into the ocean. The city argues that the limit of 900 thousand gallons per day is unrealistic during peak processing times when the population balloons.

"The way that limit was set when the permit was issued was we contend flawed in that it was based on the population of Unalaska as determined by U.S. census figures and did not account for the fact that we have very large seasonal fluctuations in which our local population goes way, way up, way above what that permanent population is," Chandler explained. "And therefore, what's been established in the permit as the limit on the flow is impossible for us to comply with when we have upwards of 10,000 people when full blown processing is going on."

Chandler says in his legal opinion, it is not clear that the city is in fact in violation. The city is engaged in on-going negotiations with the EPA concerning the permit and is not currently paying any fines. Details of the negations will not be released. City Manager Chris Hladick says he hopes the city can complete an environmental project, such as helping the Stellar's Eider, in lieu of paying a fine if they are said to be in violation.

The city spent about $17,000in legal fees during FY 2008 on the EPA issue and is still using other monies during FY09. They spent another $12,000 on the municipal election challenge in October of 2007.

"It was a general challenge that people who should not have been registered to vote, voted in the election."

The challenge was rejected and all voters were deemed to be legal and the election was seen as valid. The city also spent 3 thousand dollars unsuccessfully prosecuting a criminal case involving a drug crime. All state laws are part of the city code as well. That means if the state's district attorney does not decide to prosecute, the city can with the help of the city attorney. In total, the city spent about $69,000 in legal fees in fiscal year 2008. Chandler outlined the fees during last week's city council meeting.