HomeMy Public PortalAbout14823 Authorization to Execution a Modification to the Consent DecreeORDINANCE NO. 14823
AN ORDINANCE, repealing Ordinance No. 13277, as adopted June 29, 2011,
and enacting a new ordinance authorizing the Executive Director and General Counsel, on behalf
of The Metropolitan St. Louis Sewer District (“District”), to execute a modification to the
Consent Decree to include modifying a CSO Critical Milestone and a CSO Control Measure as
well as adding a CSO control measure.
WHEREAS, Ordinance No. 13277, adopted June 29, 2011, authorized 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, and
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 engaged in extensive mediation of the
matters at issue, and
WHEREAS, the representatives of the District, the United States, and the
Coalition negotiated the terms and language of the proposed agreement, which was
memorialized in a consent decree and appendices, and
WHEREAS, the consent decree provided for a 23 year schedule for
implementation of various system improvements and programs to be undertaken or enhanced by
the District, and
WHEREAS, the consent decree resolved all claims alleged by the Plaintiffs in the
complaint and the complaint-in-intervention, and
WHEREAS, the District’s representatives found the settlement of the issues to be
a more suitable resolution than proceeding with litigation, and
WHEREAS, the Consent Decree was entered by the court on April 27, 2012;
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, are hereby authorized to execute
a modification to the Consent Decree to include modifying a CSO Critical Milestone and a CSO
Control Measure as well as adding a CSO control measure, resulting in a 28 year schedule for
implementation of all Consent Decree requirements.
The foregoing ordinance was adopted on November 9, 2017.