HomeMy Public PortalAbout005-2009 - IDEM.ModBOARD OF PUBLIC WORKS AND SAFETY
CITY OF RICHMOND, INDIANA
RESOLUTION NO. 5— 2009
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SIGN A JOINT
PETITION TO AMEND AN AGREED JUDGMENT WITH THE INDIANA
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM)
WHEREAS, The Indiana Department of Environmental Management (IDEM) and the
City of Richmond (City) entered into an Agreed Judgment as Ordered by
the Wayne Circuit Court on September 12, 2007, Cause Number 89C01-
0709 -CC -264, concerning the City's operation of its municipal wastewater
and sewer system in which it was alleged, among other things, that the
City was 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 denied 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 had submitted to IDEM, for its approval, a Work Plan that
contained the elements specified in Attachment 1 to the Agreed Judgment
of September 12, 2007, between IDEM and City, which Work Plan
contained 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 the need to
update and revise Attachment 1 attached to the Order on Agreed Judgment
between IDEM and City, dated September 12, 2007, and the Joint Petition
to Amend Agreed Judgment and attached Revised Attachment 1, which
extends the time period for the City to continue its progress toward
achieving the time frames set forth in the Work Plan, have been reviewed
by legal counsel for IDEM and the City, as well as reviewed 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 Joint Petition to Amend 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 Joint Petition to Amend Agreed Judgment, needs to
authorize Walter S. Chidester, City Attorney for the City of Richmond,
Indiana, to sign the Joint Petition to Amend an Amend 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
Joint Petition to Amend 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 Walter S. Chidester, City Attorney for the City of
Richmond, Indiana, to sign and execute said Joint Petition to Amend 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 _ 27 th day of August, 2009.
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