With entry lines nearly reaching the back door of Owen Valley High School, approximately 400 concerned citizens packed the OVHS Auditorium and provided two hours worth of comment concerning the draft Unified Development Ordinance (UDO) set before the Owen County Plan Commission.

A UDO is a local policy instrument that combines zoning, subdivision and other regulations into a single document.

More than 25 individuals signed up to provide public comment, at the Oct. 22 meeting, with each comment being against the UDO in general or the current draft of the document.

The meeting followed an Oct. 6 open house held at the Owen County Courthouse.

“This UDO document that we have before us is a draft. I don’t know if that was ever made clear to everyone, but a draft is a document that’s in progress, and we will edit it as needed,” Plan Commission President Norm Warner said. “We already have planning and zoning. It was implemented in 2002. I don’t know how many folks knew that this UDO is an update to those documents. There are parts of the UDO that bring us into compliance with state statute. The rest can be changed to fit our needs.”

Warner continued providing background information at the start of the meeting.

“The only way the zoning on your property can be changed is if you come to the planning commission and you ask for it to be changed. These documents don’t do any of that,” he said.

He noted that the plan commission is an advisory board. As such, the commission can choose to make a favorable, unfavorable or no recommendation before the matter goes to the county commissioners.

“No one on the steering committee or the planning commission sitting up here wrote a single word of this document. This was done by a consultant with input from the steering committee. The problem with that is due to the times of the meetings, which was right in the center of the day, I work a job, and most of the people up here do as well. I made three out of 10 meetings,” Warner said. “No decision on this thing will be made tonight or any time in the near future by this commission, until we have time to go through it [and] document [changes] chapter by chapter.”

He added,  “What we do not want to do is get in a hurry here at the end and get stuff that we do not want.”

He proposed creating a subcommittee or steering committee set by the Plan Commission to act as a working group to review and edit the draft UDO.

“And if it takes a year, it takes a year. If it takes 16 or 18 months, it takes 16 or 18 months. There is no hurry. So if you think we’re going to shove it through, that’s not the case. Won’t let it happen, not as long as I’m sitting here anyway,” Warner said.

Plan Commission member Bill Purcell shared the attendance of the various steering committee members for the UDO and pointed out again that the meetings were held during the middle of the day.

“Please be kind to those people because they were doing their best,” Purcell said.

It was determined that Purcell would chair the subcommittee.

Warner began the public comment period by reading a statement from former sheriff and commissioner-elect Sam Hobbs.

“To the people of Owen County, as your commissioner-elect for 2025, I encourage everyone to just take a deep breath and relax,” Warner read on Hobbs’ behalf. “I believe we need to regroup and sit down with the people of Owen County to establish what is in the best interest of the people of Owen County. The draft needs to be dissected, and we, the people need to address each and every chapter slowly and take as much time as needed to establish what’s best for the citizens of Owen County… I will not, as your commissioner-elect, move forward with this current draft until it is meticulously and thoroughly examined and resolved.”

Members of the public had up to three minutes to speak.

Several of the initial comments centered around not wanting a UDO at all, and many of the comments criticized the Plan Commission.

“The planning and zoning board here, they are not your punching bag for today. They were handed this by another entity. It is not them that this stuff is for. It’s not them that will approve it. They are here to make adjustments for it and send it to the commissioners for approval or denial. It’s your commissioners that you need to be in an uproar with,” County Council candidate Joe Frye said. “If we send something back, and we say we don’t want it, then what you’re going to get is what’s already there. So we’ve got to comb through it. We’ve got to fix it.”

One member of the public requested that footnotes are included to indicate what the changes are, what the previous zoning law dictated and whether or not it is based on state statute.

Commissioner candidate William Jennings also spoke. He said that the UDO would never pass with him on the board.

“I call this meeting adjourned. I think we ought to adjourn because 90 percent of the people here do not want it,” he said, recommending that the Plan Commission vote to not recommend the UDO that night.

County Council President Polly Chesser, who is seeking re-election this year, spoke up from the audience.

“You do not want this going to the commissioners right now. I promise you, because they don't have to take [the Plan Commission’s] recommendation. If they sent this to the commissioners right now, the current commissioners that are sitting on there, I guarantee would pass this, disregarding whatever they said,” Chesser said. “What they’re doing, slowing it down until after the first of the year is exactly what needs to be done.”

Resident Will Daubenspeck spoke about the UDO, citing the potential for growth both along the I-70 corridor and State Road 46. He said he experienced the creation of a UDO in Hamilton County years ago and that it was part of why he moved to Owen County in the first place.

“This is your chance to make a stand properly to protect yourself,” he said. “If you don’t put the right things in this UDO, you’re gong to be wishing you would’ve… Everyone’s wanting to fight against it. These people up here will help you put in what needs to be put into it to protect yourself and your property. So this meeting should be more about things that you don’t want in it versus we don’t want a UDO. I’m telling you, I’ve seen it with my own eyes. I’ve lived it. That’s the reason I moved to Owen County…I don’t think those people standing up there really want to be talking about this right now, but I’m going to tell you, if you don’t put regulation in to control growth, you will be sorry. I’ve seen it.”

Resident Chris Carey also spoke on the matter.

“What we really need to keep in mind, I know you guys don’t have any power to really do anything, except for the commissioner [Bob Curry who sits on the plan commission], and the other commissioners and whoever else is involved with bringing this in and sticking it in our laps, if they’re not going to show up and allow us to voice our opinions, we need to take it to them,” he said. “Find their addresses, their phone numbers, their emails and just light it up and tell them what we think, and don’t let up. I mean, we need these people to understand this is our county, they work for us, they’re our employees, and we can’t just go making these decisions willy-nilly.”

Commissioner candidate Dave Risk also spoke on the matter. He commented on the Enabling Act and what is and is not legally required of the county.

“There’s a structure already in place in Indiana code for ordinances,” he said. “I have verified we are not required to have a UDO in Owen County.”

He added, “The purpose of a UDO is to combine the various series of local ordinances into one document.”

Chesser then took her three minutes to speak.

“These people have nothing to do with getting this done under the radar. It was not them. They’re doing exactly what they need to be doing. They’re slowing this down until we get our new commissioners in because like I was trying to say, if they pass this right now… and said no we don’t want this, the commissioners can still say, ‘We don’t care what you say. We want it anyway.’ So the fact that they are slowing this down and getting your input and listening to all of you, that’s what needs to be done. That’s what should have been done in the first place,” Chesser said.

She added that the steering committee was filled with good people but that the daytime meetings meant they were not always there and understandably so.

“Those people on the committee are going to listen to their neighbors, they’re going to take out the crap, and they’re going to protect you. So the fact that they're doing it this way is awesome, and that’s the way it should have been done,” Chesser said before encouraging people to stay engaged both with this issue and other county government matters.

The Plan Commission will meet again at 6:30 p.m. Nov. 19. Warner said that the OVHS auditorium would not be available but that he would look into reserving space at Owen Valley Middle School.

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NewsMatch is a collective, matching campaign through November and December for member publications of The Institute for Nonprofit News (INN), of which The Owen News is part of. NewsMatch provides a 1:1 match for any donations or memberships made to the Owen News. It also provides certain goal-based bonuses.NewsMatch will match monthly pledges at the amount for the full year. For example, a recurring donation set up at $10 per month would be matched at $120 for the entire year. 

Additionally, The Owen County Community Foundation (OCCF) is providing a local match of up to $20,000, creating a 2:1 match. This means that every dollar donated to support local, independent journalism will be tripled, helping us to fulfill our mission to be Owen County’s leading source of reliable and unbiased local news in order to foster an informed and engaged community. 

The Owen News specifically has the goal of raising enough funds to hire an inaugural Executive Editor and other staff. 

“Moving beyond our volunteer-only model will allow The Owen News the opportunity to expand coverage and increase our print frequency. There is so much more that we want to do and cover that is restricted by our reliance solely on volunteers” Board President Nicole DeCriscio said. “Volunteers are, and still will be essential to the long-term sustainability of The Owen News, but we need key staff positions to build capacity.”

In conjunction with the NewsMatch campaign, The Owen News is also launching membership tiers, which includes the ability for The Owen News to be mailed directly to members. As part of Newsmatch, the donation portion of the individual sponsorship or membership tier will both count toward the fundraising goal and will be considered tax deductible. 

The membership tiers and benefits are as follows:

Friends of the Owen News ($5 per month/ $60 per year): Benefits include: mailed print edition of The Owen News, access to members-only merchandise that will have an exclusive annual design, a monthly e-newsletter with behind-the-scenes insights, and recognition on The Owen News website.

Headline Supporter ($15 per month/ $180 per year): Benefits include: all Friends of the Owen News benefits and an Owen News tote bag.

Columnist Champion ($25 per month/ $300 per year): Benefits include: all Headline Supporter benefits, an Owen News mug, your name listed in the printed edition of The Owen News, and a special invite to an exclusive quarterly virtual Q&A session with the editorial team.

Editor’s Circle ($50 per month/ $600 per year): Benefits include: all Columnist Champion benefits, an Owen News travel mug, and special recognition in the annual member guide and report.

Publisher’s Partner ($100+ per month/ $1,200+ per year): Benefits include: all Editor’s Circle benefits, an Owen News t-shirt, and a ¼ page ad for individual use (subject to The Owen News’ ad policy). 

“One of the most asked for amenities concerning The Owen News is the ability to have the paper mailed directly to them. We hear those requests, and introducing the sponsorship tiers is the answer to that. We believe quality local news should be accessible to our entire community. As such, these sponsorship tiers and the addition of mailed copies of The Owen News does not replace our current at-will donation, pick-up model. Our newspapers will still be available for pick-up at local businesses,” DeCriscio said.

Those interested in making a donation or becoming a member can do so through OCCF by visiting this link.

Individuals interested in volunteering with The Owen News should email volunteers@theowennews.org. Volunteers are needed in several areas including as trained correspondents, fundraising and staffing festival booths to name a few. 

“The non-profit news model allows us, first and foremost, to be a community partner in our community. But most importantly, by being a non-profit, The Owen News will forever be owned by our community,” DeCriscio said. “At the end of the day, the success of The Owen News thus far is a testament to the strength of our community, and we’re relying on community support to capitalize on this important fund-matching opportunity.”

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The Environmental Protection Agency (EPA) has started remedial investigation into the Franklin Street Groundwater Contamination in Spencer. 

The site was added to the national priorities list in May of 2018, but work to start the remedial investigation, the next step in the site milestones, did not start until last fall, with the testing starting earlier this year. 

The contaminant tetrachloroethene (PCE) was first detected by Bean Blossom Patricksburg (BBP) Water Corporation in 2011 and has been completely removed from the treated water since 2017. Even at the initial detection the contaminnat’s levels were 1.2 parts per billion (ppb), which is under the maximum contaminant level set by the EPA at 5 ppb.

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About PCE

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PCE is also sometimes referred to as PERC.

According to the National Institutes of Health (NIH), PCE “is a manufactured chemical that is widely used for dry cleaning of fabrics and for metal-degreasing,” and “it appears as a clear colorless volatile liquid.”

PCE is both a known and probable carcinogen, and it can harm the nervous system. 

“There’s no doubt that it’s toxic, and there’s lots of evidence for a variety of different kinds of toxic effects, chronic effects,” Paul Tratnyek, professor at Oregon Health and Science University’s School of Public Health said. “Any route of exposure to this stuff is not good for you, but it doesn’t have a lot of real acute toxicity.”

Tratnyek was connected to The Owen News through SciLine, a nonprofit service with the mission of enhancing the amount and quality of scientific evidence in news stories. They are based at the American Association for the Advancement of Science (AAAS). His expertise is in environmental chemistry, specifically in the remediation of contaminants and treatment for groundwater.

Tratnyek noted that the sensitivity and health impacts vary from person to person. 

PCE is also a volatile organic compound.

“We call these volatile organic compounds because they're organic and volatile means they go from water to vapor pretty readily,” EPA Remedial Project Manager Dion Novak said during the April 18 community meeting about the Superfund site. 

PCE can contaminate drinking water, indoor air quality through soil vapor intrusion and groundwater.

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Drinking water

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“We’re the ones that found the problem in the first place because we do annual water testing,” BBP CEO Todd Gardner said.

“Even though the finished water was under the guidelines set for the chemical [PCE] the BBP Water Corporation Board of Directors decided to be proactive and in 2014 designs for treating and removal of all PERC from the finished water was being engineered,” BBP’s 2022 annual water quality report said. 

In addition to a new well being added, BBP added air strippers and reverse osmosis filtering units.

PCE has not been found in BBP’s finished water since the air strippers were turned on in May of 2017, completely removing it from the finished water.

“Even before then we weren’t using the well that had the contamination, so we never sent treated water that was contaminated. It was a well that wasn’t being used at the time that it popped up on,” Gardner said.

“We are proud to report that the water quality provided by BBP Water Corporation has met or exceeded the water quality standards established at the state and federal levels,” the report reads. “The BBP Water Corporation Board of Directors are all members of the water system. Our customers are our neighbors and relatives. BBP strives to produce the safest water possible for our customers.”

Tratnyek said that one of the challenges is for situations in which the drinking water from a private well has been contaminated with PCE. 

 “It’s a much trickier problem for those people to figure out if they can treat their own water sufficiently and reliably,” he said. 

The necessary filters can often be cost prohibitive. 

“The other thing that a lot of people forget about is that you don't have any way of knowing if they're working because you can't see PCE. You can’t smell it at low concentrations,” Tratnyek said. “The utility will pay somebody to test the water and make sure that there’s no PCE in the water, and then if there’s no PCE in the water, it’s fine. But if you’re a homeowner and you install an under the sink filter system to try to remove something like that from your well water, it’s up to you to try to get the water tested to make sure that the filter system is actually working. And that’s obviously not a desirable situation.” 

Gardner said that he does not know of any individuals within the town of Spencer that have private wells used for drinking water.

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Soil vapor intrusion

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Novak explained soil vapor intrusion during the April community meeting. 

“It’s not that dissimilar to how radon can get into your house from the soil,” Novak said. “This contamination can come up, can vaporize up through the soil and then into your building through a basement, through a crawl space. If you have a concrete slab, it can come up through cracks in the slab.”

The EPA tests for vapor intrusion sampling in both the spring and the winter.

“The contamination that’s underground can be different, depending on the season. Typically winter, because it’s colder, because everything’s closed up and your furnace is on, typically that’s more of a worst case scenario,” Novak said. 

He explained that they will ask property owners and residents for permission and do the testing for free. Jacobs Engineering is contracted to do the work. 

“If this first round of data [in the spring] shows us that there’s a problem with the air quality in your house, then EPA will come and install a mitigation system at no cost to you. And that mitigation system is very similar to how to get rid of radon in your house,” Novak said.

The mitigation system creates negative pressure below the structure to essentially blow the vapors outside where it dissipates and is no longer a concern. 

Breathing in the vapors from PCE poses similar health risks as consuming it.

“The EPA is pretty good about addressing that kind of stuff, they have a very elaborate sort of protocol for figuring out whether a house or community is vulnerable to vapor intrusion problems,” Tratnyek said.

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Groundwater

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Tratnyek said that the best way to prevent drinking water contamination and soil vapor intrusion is to remove the contaminant from the groundwater to begin with. He said there is an abundance of companies that do this work. 

“At the same time, though, it’s not always easy, and depending on the geology of the site, and a whole bunch of other factors, it can be hard to do it successfully. There are lots of different things you can do. But they don't all necessarily work either quickly or consistently or for a reasonable amount of money,” he said. 

“The easiest types of sites to deal with are uniform beach sand. Because they're very predictable, so then it's relatively easy to know where the contamination is going and where it's hiding.”

When asked about the challenges posed by Karst topography during the April meeting, Novak said it does pose a potential challenge. 

Tratnyek called it a complication.

“There are two other scenarios that are so famously the opposite [of the ease of beach sand]. One of them is fractured rock, and the other one is Karst. Karst is basically limestone, and it dissolves with water, and you get these little channels. So Karst is prone to what we call preferential flow, where the water is not moving through the pores so much as it's actually moving through little channels that are going to flow much faster than it is anywhere else in the aquifer. And those are totally unpredictable, we don't know where they are.”

He continued, “That makes predicting where the plume is going to go and how fast much trickier, and it also makes remediation trickier too because the contamination has a tendency to kind of slip by whatever you do to the system to try to cut off the contamination. It can kind of slip through these preferential flow paths, so it makes remediation harder.” 

Tratnyek and Novak both said that there’s no way to estimate how far the groundwater contamination has spread.

“PCE is very mobile. It is happy to be dissolved in the water, and it will move with the groundwater. So if your groundwater is moving fast, the PCE will move pretty close to the same speed as the groundwater,” Tratnyek said. “If you've got a Karst situation where you have preferential flow, you have the possibility that PCE could move quite fast and quite far along some sort of preferential flow paths... The distances could be anywhere from a few hundred feet to considerably farther; it really depends on the situation. It really makes it very unpredictable.”

It made the questions from concerned citizens at the April meeting difficult for Novak to answer because of the early nature of the site’s investigation. 

Tratnyek said that whether or not the groundwater’s contamination is spreading to surface water and into the White River depends on whether or not there is the presence of DNAPLs or dense nonaqueous phase liquids. This is, in essence, a pool of the contaminant that sits at the bottom of the aquifer. 

“If there was DNAPL there, then that would suggest quite high concentrations of PCE, and that would be probably more concerning. On the other hand, if this is a dilute plume and the concentrations of PCE are low, by the time it gets out into the river, and you consider both all the dilution and the opportunity for volatilization losses, in the overall scheme of things, that's probably not the thing that would concern me the most,” he said. “If you think about it from a comparative risk point of view, I kind of don’t think that’s the biggest issue here.”

One citizen asked Novak if he would eat a sandwich made with produce, specifically tomatoes, grown within one of the targeted investigation areas. Novak said he would, and Tratnyek said it shouldn’t be a problem.

“Contaminated groundwater is far below that,” he said. 

He noted that one method of cleaning groundwater is called phytoremediation.

“They would plant things like poplar trees that have deep roots, with the idea that they actually want the roots to go down to where the contamination is and basically pull the water up and bring up the contaminants while there,” Tratnyek said. “And it works. It's actually pretty popular and effective in some places. In that case, you would actually be mobilizing the PCE to the surface.”

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Another complication

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Tratnyek specifically cited concerns if there is the presence of DNAPLs or dense nonaqueous phase liquids, which are heavier than water and only slightly soluble in water.

“If there is, that makes the stakes much higher,” he said. 

He related it to salad dressing – where the lighter, olive oil floats on top of the vinegar and doesn’t completely mix with the vinegar. 

“What's different about PCE is, unlike oils, like gasoline and olive oil, it's heavier than water. It's not lighter than water. And so olive oil floats; gasoline floats; PCE sinks, hence the DNAPL. So if you spill a lot of pure phase PCE, it will sink into the aquifer, down to as far as it can go until it basically hits the bottom of something. And then you get a pool of organic liquid down there,” Tratnyek said. “The reason that’s a really big issue with respect to dealing with sites like this is that that provides essentially an infinite supply of dissolved PCE into the groundwater.”

 While it makes the job of the environmental engineers more difficult, it also has an indirect impact on the general public. 

“It’s down below. People are not directly connected to it, but it’s a source of the PCE that’s just sitting there, and it’s just bleeding off PCE into the water, and it will do that indefinitely until it's removed,” he said.

When asked about whether or not there has been a DNAPL found with this site, the EPA responded, “Chlorinated volatile organic compounds (CVOCs) are considered DNAPLs and are the primary reason this site came to EPA’s attention.”

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Investigation progress

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During the April meeting, the EPA said they’ve completed soil vapor screening at 63 locations in the right-of-way throughout Spencer. They’ve completed source area sampling at five properties, which includes soil sampling and the installation of piezometers, and they’ve installed 14 piezometers and collected 56 soil samples from various properties.

“EPA does not have the results from this sampling yet but will share this information with the community as the investigation progresses,” the EPA said in a series of follow up emails.

Currently the testing is confined to a smaller radius and will expand as results require. The specific areas include the Spencer downtown, Stello Products on Hillside Avenue and Boston Scientific.  

A citizen asked if there was a maximum radius based on other Superfund sites. 

“That’s a hard question to answer because every site is different, and the geology under the ground is different at every site. I will tell you that the groundwater contamination tends to spread more than the soil contamination because once you have a source in the soil, it goes down typically and that gets into the water and then the water moves,” Novak said. “At the end of the investigation, we will say here’s where the contamination is, here’s who’s potentially impacted, here’s who’s not impacted, here’s the risks, here’s what we want to do to fix it.”

Tratnyek said that the EPA handles several of these types of clean ups. 

“This scenario is, from an environmental engineering and public health point of view, this is a pretty routine case,” Tratnyek said. “It’s very familiar. There’s lots of these. The details vary from site to site, but if the people in charge do their jobs correctly and they hire the right engineering firm, they should be able to deal with this. This is not rocket science.”