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