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HomeMy Public PortalAbout13277ORDINANCE NO. 13277 AN ORDINANCE, authorizing the Executive Director and General Counsel, on behalf of The Metropolitan St. Louis Sewer District, to execute a federal consent decree with the United States of America, acting at the request and on behalf of the United States Environmental Protection Agency (“EPA”), and the Missouri Coalition for the Environment (the “Coalition”) to settle all alleged claims by the Plaintiffs in the lawsuit titled United States of America, The State of Missouri, and Missouri Coalition for the Environment Foundation v. The Metropolitan St. Louis Sewer District and requiring improvements in the District’s separate and combined sewer system and wastewater treatment plants. WHEREAS, the United States of America and the State of Missouri filed a civil action against the District on June 11, 2007 alleging violations by the District of the federal Clean Water Act, and violations of conditions established in the National Pollutant Discharge Elimination System (“NPDES”) permits issued to MSD by MDNR, and WHEREAS, the Missouri Coalition for the Environment Foundation intervened in the lawsuit as a Plaintiff in 2007, and WHEREAS, all of the parties to the action have engaged in extensive mediation of the matters at issue, and WHEREAS, the representatives of the District, the United States, and the Coalition have negotiated the terms and language of a proposed agreement, which is memorialized in a consent decree and appendices, and WHEREAS, the proposed consent decree will provide a 23 year schedule for implementation of various system improvements and programs to be undertaken or enhanced by the District, and WHEREAS, the proposed consent decree will resolve all claims alleged by the Plaintiffs in the complaint and the complaint-in-intervention, and WHEREAS, the District’s representatives find this settlement of the issues to be a more suitable resolution than proceeding with litigation, and WHEREAS, the Consent Decree will still need to be approved by the appropriate officials of the Parties; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Executive Director and General Counsel, on behalf of the Board of Trustees of The Metropolitan St. Louis Sewer District, is hereby authorized to execute a federal consent decree with the United States of America, acting at the request and on behalf of the United States Environmental Protection Agency (“EPA”), and the Missouri Coalition for the Environment (the “Coalition”) to settle all alleged claims by the Plaintiffs in the lawsuit titled United States of America, The State of Missouri, and Missouri Coalition for the Environment Foundation v. The Metropolitan St. Louis Sewer District. Section Two. The consent decree authorized for execution in Section One of this Ordinance shall provide for an implementation schedule of 23 years, a civil penalty to the United States of $1,200,000.00 and shall be comprised of such other terms and conditions as are approved by the Office of the General Counsel of the District. Section Three. The Executive Director, on behalf of the Board of Trustees of The Metropolitan St. Louis Sewer District, is hereby authorized to execute a memorandum of understanding between the Metropolitan St. Louis Sewer District and the River des Peres Watershed Coalition as part of the settlement of the Missouri Coalition for the Environment’s claims in the above mentioned lawsuit. The foregoing Ordinance was adopted June 29, 2011.