Explanation
BACKGROUND: This ordinance authorizes the Director of Public Utilities to enter a Consent Order to resolve a lawsuit being filed by the State of Ohio regarding alleged violations by the City of Ohio's Water Pollution Control Act, Revised Code Chapter 6111.
FISCAL IMPACT: Funds are available for this settlement, which will cost One Hundred Thousand Dollars ($100,000.00).
Title
CSO Consent Order: To authorize the Director of Public Utilities to enter a Consent Order on State of Ohio ex rel. Petro v. City of Columbus and to declare an emergency.
Body
WHEREAS, the City of Columbus owns and operates a wastewater collection and treatment system; and
WHEREAS, approximately five percent of the collection system is a combined sewer system; and
WHEREAS, during wet weather, Columbus' combined sewer system occasionally overflows due to a lack of capacity in the system (known as combined sewer overflows or CSOs); and
WHEREAS, the City's water discharge permits and the Clear Water Act contain certain requirements for CSOs; and
WHEREAS, the State of Ohio has contacted the City and alleged that the City is in violation of those requirements, and that the State intends to file a civil lawsuit over the alleged violations; and
WHEREAS, the State and the City have entered into settlement negotiations regarding the proposed lawsuit, and have reached an agreement in principle with regard to the necessary injunctive relief and the civil penalty, which agreement is contained in the proposed Consent Order; and
WHEREAS, the proposed Consent Order requires the City to perform certain capital improvement projects and additional studies, which projects and studies will be authorized by separate legislation (if not already authorized); and
WHEREAS, the proposed Consent Order also requires the City to pay a civil penalty of One Hundred Thousand Dollars ($100,000.00), as well as spend an additional One Hundred and Fifty Thousand Dollars ($150,000.00) on a Supplemental Environmental Project over the next four years; and
WHEREAS, the Director of Public Utilities had determined that settlement of this matter under the terms and conditions of the proposed Consent Order is in the public interest; and
WHEREAS, an emergency exists in the usual daily operations of the City because resolving this matter before the State files a lawsuit will reduce the City's litigation expenses and exposure to additional fines and penalties; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Utilities is hereby authorized to enter the Consent Order in settlement of the concurrently field enforcement action, State of Ohio ex rel. Petro v. City of Columbus, upon such terms and conditions as are satisfactory to the Director and the City Attorney.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the Department of Public Utilities, Division of Sewerage and Drainage, Fund No. 650, OCA Code 605006, Object Level 1 - 05, Object Level 3 - 5527, the sum of One Hundred Thousand Dollars ($100,000.00).
Section 3. That the City Auditor be and hereby is authorized to draw a warrant upon the City Treasurer in the sum of One Hundred Thousand Dollars ($100,000.00), payable to the Treasurer, State of Ohio, upon receipt of a voucher and a release approved by the City Attorney.
Section 4. 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.