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
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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