SOUTH PORTLAND – Since the city cannot institute an outright ban on tar-sands oil, South Portland’s Draft Ordinance Committee is working to thread the needle between creating a regulatory scheme that would withstand a legal challenge, while also ultimately preventing the flow of tar sands into the community via the Portland-Montreal pipeline.

That was the message Jeff Edelstein, who is facilitating the work of the committee, shared with the City Council during a workshop on Monday, which was designed to update the council on what the Draft Ordinance Committee has been up to since it began meeting in early February.

Edelstein said the committee has been collecting information to help it fully understand the difference between the infrastructure needed to support the crude-oil industry on South Portland’s waterfront and what would be required to support the flow and export of tar sands oil.

He said the committee has also been working through the Waterfront Protection Ordinance, which was defeated in November, to better understand why it failed and what might be needed to reassure the oil companies that their activities would not be impacted, even though tar sands would not be allowed.

A moratorium now in place to prevent any development proposal involving the flow of tar sands into South Portland is set to expire on May 5, but last week the City Council gave initial approval to a measure that would extend the moratorium to Nov. 1. A final vote on the extension is scheduled for April 23.

On Monday, Edelstein said the goal of the Draft Ordinance Committee is to finalize its recommendations for ordinance changes by May 15 and then turn its work over to the City Council and the Planning Board in June for the city to begin its review process.

He said the committee is working on creating ordinance language that would be consistent with the city’s comprehensive plan, be “legally defensible” and take into account regulating all the technology and infrastructure needed to keep tar sands out of South Portland.

“The idea is to get an answer in a qualitative, rational approach,” Edelstein said. He also said that the committee is doing its best not to get sidetracked by questions regarding the impact of tar sands on the health of both the environment and the people of South Portland.

“The council has said, ‘We know there are risks,’” he added. “And, the committee doesn’t want to get sidetracked on known issues. Because we can’t simply say no to tar sands, the committee has to find a way to regulate” the product in a way that allows the oil industry to keep operating.

Edelstein said, “The committee simply can’t be the arbiter of what’s true and what’s not about the impact of tar sands. If it did that, it would not have time to address the regulatory issues.”

Even so, several residents of South Portland took the opportunity to speak Monday about the dangers they see with allowing tar sands to flow into the city.

Former lobsterman Edward Reiner said his biggest concern is that with tar sands the city would not be ready to deal with a spill and the subsequent clean-up requirements.

“(Tar sands) is a dire threat to our water, health and air quality, so we have to get this right,” he said.

Patricia White and her husband, Bob, who are both outspoken opponents of tar sands, said that South Portland should not allow itself to become a doormat to the oil industry.

“We welcome anyone who can bring good to our city,” Patricia White said while showing off a rug with the word “welcome” printed on it, “but we are not a doormat.”

And Catherine Chapman said the problem is that tar sands “has safety issues that are not related to regular (crude) oil. It’s explosive and flammable and the pipelines run near our schools and municipal buildings.”

When it was their turn to speak, members of the City Council praised the work done so far by the Draft Ordinance Committee and said they’re willing to provide whatever support or resources the committee needs.

“I like your methodology,” Councilor Patti Smith told Edelstein. “It gets us where we need to be.”

In addition, she urged the committee to not only consider the comprehensive plan when coming up with its recommendations, but also to remember that South Portland belongs to the Mayors Climate Protection Agreement. “That agreement has excellent tenets you (should) take into consideration,” she said.

Councilor Tom Blake said his main concern is always about the health and safety of the city and urged the committee to perform “due diligence. We need to get this right the first time.”