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HomeMy Public PortalAbout010-2007 - Authorizing the President to sign an Agreed Judgement with IDEMBOARD OF PUBLIC WORKS AND SAFETY CITY OF RICHMOND, INDIANA RESOLUTION NO. 10 — 2007 A RESOLUTION AUTHORIZING THE PRESIDENT TO SIGN AN AGREED JUDGMENT WITH THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM) WHEREAS, The Indiana Department of Environmental Management (IDEM) will be filing a Complaint against the City of Richmond (City) concerning the City's operation of its municipal wastewater and sewer system and alleging, among other things, that the City is in noncompliance with Title 13 of the Indiana Code, Title 327 of the Indiana Administrative Code Articles 2 and 5 and the National Pollutant Discharge Elimination System permit (the " NPDES permit ") issued by IDEM pursuant to the Clean Water Act (CWA); and WHEREAS, The City denies any liability to IDEM arising out of the transactions or occurrences alleged in the proposed Complaint or as set forth above; and WHEREAS, The City has made progress toward returning to compliance with Title 13 of the Indiana Code, Title 327 of the Indiana Administrative Code Articles 2 and 5, NPDES Permit and the CWA, through projects that have been completed over the last several years; and WHEREAS, The City has submitted to IDEM, for approval, a Work Plan that contains the elements specific in an attachment to a proposed Agreed Judgment between IDEM and City, which Work Plan contains tasks and a schedule for revising the Combined Sewer Overflow Long -Term Control Plan that must be approved by IDEM; and WHEREAS, IDEM and the City have entered into negotiations concerning a proposed Agreed Judgment between IDEM and City and a proposed Agreed Judgment has been reviewed by legal counsel for IDEM and the City, as well as reviewed by the Board of Public Works and Safety of the City of Richmond and by the Board of Sanitary Commissioners for the Richmond Sanitary District; and WHEREAS, The Richmond Sanitary District is the entity of the City that is involved with IDEM and environmental issues raised or controlled by IDEM; and WHEREAS, The Board of Public Works and Safety of the City of Richmond is the entity that must approve the Agreed Judgment on behalf of the City of Richmond; and WHEREAS, The Board of Public Works and Safety of the City of Richmond, having reviewed the proposed Agreed Judgment, needs to authorize Vicki Robinson, President of the Richmond Sanitary District, to sign the proposed Agreed Judgment between IDEM and City as negotiated by legal counsel for IDEM and City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Richmond, Indiana, that the Board of Public Works and Safety approves the Agreed Judgment to be entered into between the City of Richmond, Indiana, by and through its Board of Public Works and Safety and by and through its Board of Commissions of the Richmond Sanitary District, and the Indiana Department of Environmental Management. IT IS FURTHER RESOLVED that the Board of Public Works and Safety of the City of Richmond, Indiana, authorizes Vicki Robinson, President, to sign and execute said Agreed Judgment with IDEM and City on behalf of the Board of Public Works and Safety of the City of Richmond, Indiana. THIS RESOLUTION IS ADOPTED THIS _ 16th day of August, 2007. Board of Public Works and Safety of Richmond, Indiana S/S Vicki Robinson Vicki Robinson, President S/S Dian Lawson Dian Lawson S/S Mary Jo Flood Mary Jo Flood