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.