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...
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