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File #: 2785-2022    Version: 1
Type: Ordinance Status: Passed
File created: 10/5/2022 In control: Public Utilities Committee
On agenda: 11/7/2022 Final action: 11/10/2022
Title: To authorize the Director of Public Utilities to pay combined sewer overflows, sanitary sewer overflows, and wastewater treatment plant bypass penalties to the Ohio Environmental Protection Agency for the Division of Sewerage and Drainage; and to authorize the expenditure of $60,000.00 from the Sewer Operating Sanitary Fund. ($60,000.00)
Attachments: 1. CSOConsentOrder, 2. CSO Consent Order Modification, 3. SSOConsentOrder, 4. SSO Consent Order Modification, 5. ORD 2785-2022 Financial Coding - 2022-2023 CSO & SSO Penalties

This legislation authorizes the Director of Public Utilities to pay the State of Ohio, Environmental Protection Agency (OEPA), penalties for combined sewer overflows, sanitary sewer overflows, and wastewater treatment plant bypasses that occur in 2022 and 2023.

The City’s sewer system occasionally experiences combined sewer (CSO) or sanitary sewer overflows (SSO) due to wet weather and dry weather events. Wet weather events are more common and often due to heavy rains, while dry weather occurrences are due to collection system blockages often caused by roots or debris. Bypasses are overflows or untreated releases into the environment. The City and the State of Ohio entered into Consent Orders in 2002 and 2004 to address concerns related to bypasses and each type of overflow.

Overflows and bypasses are often weather-dependent, which makes occurrences vary from year-to-year. For example, 2021 was a relatively dry year, with no bypasses at either the Southerly or Jackson Pike Wastewater Treatment Plants, four dry-weather SSOs and 150 wet weather SSOs. 2022 has seen more wet weather, which may result in increased overflows and or bypasses.

The Consent Orders stipulate fines to be paid for CSO and SSOs, the amount of which depends on the type and number of event. These parameters are shown in the table below:

Event Amount per event Due Date
Dry Weather SSO $1,500 March 1st, each year
Wet Weather SSO - March 1st, each year
1-250 events $2,500
251-500 events $12,500
> 500 events $20,000
Southerly Bypass $2,000 March 1st, each year
Dry Weather CSO $2,000 Within 45 days of event
Jackson Pike Bypass $2,000 Within 45 days of event


Treasurer of State of Ohio, Ohio Environmental Protection Agency | Federal EIN 31-1334820 | D365 Vendor #005089 | Governmental Entity


$60,000.00 is needed and budgeted to pay these fines.

$8,500 has been paid in 2022
$0.00 was paid in 2021...

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