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HomeMy WebLinkAbout2015-08-10 15-279 ORDERCOUNCIL ACTION Item No. 15-279 Date: August 10, 2015 Item/Subject: Order, Authorizing Execution of a Consent Decree with the Department of Environmental Protection, Environmental Protection Agency, and Department of Justice Responsible Department: Legal Commentary: This Order authorizes the City Manager to execute a consent decree with Department of Justice (DOJ), Environmental Protection Agency (EPA), and the Maine Department of Environmental Protection (MDEP) in the matter of United States of America and State of Maine v. City of Bangor. In Bangor, as in many other communities in the U.S., heavy and persistent rain can occasionally cause sewage to overflow into our streams and rivers as a result of discharges from combined stormwater and sanitary sewer overflow (CSO) points. Bangor has nine CSO points where such overflows are licensed. In 1991, the City entered into a consent decree with the federal and state governments, agreeing to take certain actions to reduce the number and size of CSO events. The City accomplished the requirements of that consent decree, but some CSO overflows still occur each year. In 2010, recognizing there was still work to do, the City, the U.S. Environmental Protection Agency (EPA) and the Maine Department of Environmental Protection (MDEP) began negotiations regarding a new consent decree. The goal of the new consent decree is to further reduce the number and magnitude of CSO events, through a combination of maintenance and improvement of our sewer system, new controls on CSO points, separation of sanitary and storm sewer pipes, and related activities and projects, so as to better fulfill the objectives of the Clean Water Act. The parties have now reached agreement as to the final form of the consent decree. This consent decree is on file in the office of the City Solicitor and will be recorded with the US District Court. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Department Head Page _ of _ City Manager nce Director City Assigned to Councilor Plourde CITY OF BANGOR 15-279 AUGUST 10, 2015 (TITLE.) Order, Authorizing Execution of a Consent Decree between the City, and the United States and the State of Maine WHEREAS, in 1991, the City entered into a consent decree with the federal and state governments, agreeing to take certain actions to reduce the number and size of combined sewer overflow (CSO) events consistent with the objectives of the Clean Water Act, WHEREAS, the City accomplished the requirements of that consent decree, but some CSO overflows still occur each year; WHEREAS, Bangor presently has nine licensed combined sewer overflow (CSO) points; WHEREAS, the United States Environmental Protection Agency (EPA) is an agency of the United States of America; WHEREAS, the Maine Department of Environmental Protection (MDEP) is an agency of the State of Maine; WHEREAS, EPA and MDEP each have authority ensure that the objectives of the Clean Water Act are fulfilled in the State of Maine; WHEREAS, in 2011, recognizing there was still work to do with regard to the City's CSO points, the City, EPA, and MDEP began negotiations regarding a new consent decree with the goal of better fulfilling the objectives of the Clean Water Act; WHEREAS; the parties have now reached agreement as to the final form of the consent decree, a copy of which is on file in the office of the City Solicitor; and WHEREAS, the goal of the.new consent decree is to further reduce the number and magnitude of CSO events, through a combination of maintenance and improvement of our sewer system, new controls on CSO points, separation_ of sanitary and storm sewer pipes, and related activities and projects. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager or, at her direction, counsel representing the City in this litigation, is hereby authorized to execute a Consent Decree with the United States of America, on behalf of EPA 8947193.1 IN CITY COUNCIL AUGUST 10, 2015 MOTION MADE AND SECONDED FOR PASSAGE PASSED �.J mad o CITY CLE 15-279 AUGUST 10, 2015 and the State of Maine, on behalf of MDEP, in the matter of United States of America and State of Maine v. City of Bangor in the form currently on file in the Office of the City Solicitor. 8947193.1