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Commissioner Scurlock felt, on the other hand, they could say the ponds were all right as they designed them until we fooled around with them. Director Pinto stressed that the maintenance we are pro- posing is something they suggested should be done from the very beginning, and he felt we are in a good position because what we wilt do to the ponds is customary maintenance and what we normally should be doing. Commissioner Scurlock continued to express concern as to what we should do to bring the situation regarding the design of the ponds to a head; he felt we should take a position one way or the other as to whether we think there is some liability. Director Pinto explained that, as part of our DER permit, when we reach a flow of 250,000 gallons, which we have reached, we are required to have another study, and we will use that, plus the information we already have, to come up with the final deter- mination of whether this situation is worth pursuing. Commissioner Scurlock commented that Fred Merkel, the new Assistant Director of Operations for the Utility Department, had what he believed was a good idea in regard to solving the perc pond situation by raising the head of the pond by a foot. He felt that approach makes a lot of sense and wondered if we could get the engineers to sign off and put their seal on that approach rather than getting into litigation. Director Pinto felt the suggestion to increase the head could be run by the engineers, but noted there are still a lot of questions about what that will do to the system. He strongly urged, however, that we move ahead with the recommendation because even though the treatment plant is designed for 1 million gallons, the effluent disposal is the limiting factor of our capacity. Commissioner Bowman commented that it says the tapping of the well would be accomplished by purchase order, and she asked 47 FEB `? 1989 EOOK 47