Today I received more information from the town about the RIB lawsuit. As it turns out, they do have the flow rates for the first three weeks, as well as a written description of how and why they feel they are inaccurate. It’s all contained in a recent Supplemental Report by their expert witnesses. Here’s the new info:
Unfortunately, they didn’t provide a copy of Wright Pierce’s expert testimony that this report is a rebuttal to. I’ve asked for it.
With regard to the startup overloading issue, they argue that the flow rates were overstated, that WP knew of and approved the high flow rates, and that the system design of 600,000 average gallons per day over the course of a month was not exceeded because they effectively shut it down the last week.
The report also makes a lot of the claim that WP should have considered the possibility of slope failure because this RIB is unusual in that it has steeper slopes and greater elevation than most other RI sites that they (F&O) looked into.
They also say that the problem isn’t just reduced capacity. They claim that the RIB is failing now, and that DES could shut it down anytime, the State could sue the town for damage, and that the abutters could sue the town for damages.
Most of that is news to me.