Explanation
1. BACKGROUND:
This legislation authorizes the Director of Public Utilities to pay $78,500.00 to the Treasurer, State of Ohio for the City of Columbus's dry and wet weather sanitary sewer overflows that occurred during the 2003 calendar year. This dollar amount is based upon the actual figures for January through November, plus an estimate of those anticipated for the month of December This payment is required under the terms of a consent order entered into between the City and the State of Ohio on July 31, 2002. This consent order was a result of allegations from the State that the City has operated its wastewater treatment plants and collection system in such a manner as to result in violations of the National Pollutant Discharge Elimination System (NPDES) permits issued by the Ohio Environmental Protection Agency (EPA) and in violation of the water pollution laws of the State of Ohio.
The Division of Sewerage and Drainage has made the development of a Capacity, Management, Operation & Maintenance (CMOM) Program and a System Evaluation and Capacity Assurance Plan (SECAP) a top priority, in order to improve the efficiency of its wastewater collection system and the water quality of the streams within its service area.
2. BUDGET INFORMATION:
The aforementioned consent order requires the City to pay the stipulated penalties to the State of Ohio for sanitary sewer overflows on an annual basis. The 2002 penalties were calculated as follows: $1,500.00 for each of the dry weather sanitary sewer overflows (sso's); and $2,500.00 for wet weather sso's based upon the frequency schedule contained within the consent order.
3. EMERGENCY LEGISLATION:
The Division of Sewerage and Drainage is requesting this Council to declare this legislation an emergency measure in order to ensure that the subject payment is processed and submitted to the EPA as required in the aforementioned consent order. Failure to submit this payment before January 31, 2003, could cause the City to be found in violation of the terms of the consent order.
Title
To authorize the Director of Public Utilities to pay $78,500.00 from the Sewer System Operating Fund to the Treasurer of the State of Ohio from the Sewer System Operating Fund, for sanitary sewer overflows in accordance with the provision of the consent order executed between the City of Columbus and the Ohio Attorney General's Office, for the Division of Sewerage and Drainage, and to declare an emergency. ($78,500.00)
Body
WHEREAS, a consent order was entered into on July 31, 2002, in resolution of Case No. 02-WH-05-5768, the State of Ohio, ex. rel., Betty D. Montgomery Attorney General of Ohio v. City of Columbus, as a result of allegations from the State that the City has operated its wastewater treatment plants and collection system in such a manner as to result in violations of the National Pollutant Discharge Elimination System (NPDES) permits issued by the Ohio Environmental Protection Agency (EPA) and in violation of the water pollution laws of the State of Ohio; and
WHEREAS, in accordance with the provisions contained within the aforementioned consent order, the City of Columbus is responsible for issuing payment to the Treasurer of the State of Ohio for the sanitary sewer overflows reported during the 2003 calendar year; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities, in that it is immediately necessary to authorize the Director of Public Utilities to make payment to the Treasurer of the State of Ohio for stipulated penalties contained within the consent order executed between the City of Columbus and the Ohio Attorney Generals Office for the preservation of the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Utilities be, and hereby is, authorized to make payment to the Treasurer of the State of Ohio, City of Columbus Vendor No. 316402047/028, in connection with the 2003 calendar year sanitary sewer overflow penalty schedule stipulated within the Section X, Paragraph 30 of the consent order referenced in the Preamble hereto.
Section 2. That for the purpose of paying the costs stipulated within Section 1 herein, there is and hereby is authorized to be expended by the Division of Sewerage and Drainage, Department of Public Utilities, the sum of $78,500.00 is hereby authorized as follows:
Fund: Sanitary System Operating Fund| Fund No. 650| Obj. Level 3: 5527| OCA Code 605006| Amount: $78,500.00
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.