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  Top NewsDecember 13, 2007 

DEQ to return $60,000 to $80,000 to Highland
BY JAMES JACENICH • STAFF WRITER

MONTEREY - Highland County supervisor Jerry Rexrode thanked county attorney Melissa Dowd and Highland County Public Schools superintendent Gary Blair last week for their work in the recovery of money spent on an oil spill clean-up at the school that occurred several years ago.

Last Friday, Dowd and Blair met with the state Department of Environmental Quality to ask it to reconsider its decision not to return $80,000-$90,000 spent on the oil spill recovery operation.

DEQ reversed its decision, however, after Dowd suggested HCPS be treated differently from other school districts. "I suggested that we be held to a different standard of care than a school district with a maintenance supervisor, superintendent, three assistant superintendents and a staff of who knows how many and that we, we did the best we could with what we had; we should be held to a different standard. They adopted a different standard. It's the first time they have ever done that. We are going to be reimbursed $80,000-$90,000."

Supervisor Robin Sullenberger said, "The truth prevailed. My compliments."

"We worked with the Department of Environmental Quality for over a year," said Blair this week. "I did the research, I wrote up the whole thing, but it got denied." Blair was describing his quest to recover the money spent on the clean-up several years ago. The school was technically charged with negligence for the 2004 heating oil spill. A tank containing was opened either by vandals or by accident and 3,000 gallons entered the town of Monterey's sewerage system. DEQ maintained the school was not entitled to financial relief from the DEQ state petroleum fund.

The sludge from the spill had to be removed from the sewage treatment plant and disposed of and months of water quality monitoring followed.

DEQ determined the school board was principally responsible and the school's insurance company said the spill was caused by vandalism.

"Two weeks ago the DEQ held a reconsideration hearing," Blair explained. "A DEQ panel came to Highland County. They overruled the original decision. The board found us not negligent.

"We are probably going to get two-thirds of what we spent back. I don't want to tell you what the final amount is. I'm not sure. I am hopeful it is about $50,000-$60,000."

Dowd had supervisors last week she hoped to recoup $80,000-$90,000. Whatever the amount, supervisor Jerry Rexrode said the money would be put back into the school system.

"Mr. Blair was not here (when the incident occurred)," school board member Bobbie Hefner said this week. "There were extenuating circumstances that might have caused these problems. Had he not written long epistles and had (the DEQ board) come here ... It's been his (Blair's) perseverance."

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