HomeMy Public PortalAboutExhibit RAM 25 Discovery Request Robert A Mueller 7-15-11Exhibit RAM 25
Set of Discovery Requests to MSD from Robert A. Mueller, Intervenor.
1. On June 29, 2011, The Metropolitan St. Louis Sewer District Board of
Trustees voted to adopt a $4.7 billion, 23 year Long -Term Control Plan, outlined
in a "Consent Decree" that MSD worked out with the U.S. Environmental
Protection Agency (EPA) in response to a suit filed by the Agency in U.S. District
Court in 2007, to force compliance with the Clean Water Act of 1972.
A. Does the Consent Decree contain any provision which stipulates that
the EPA will be bound by a "no further action" clause that prevents the EPA from
initiating further litigation in this matter in the event that the Plan agreed to by all
parties to the Consent Decree fails to comply with the provisions contained in the
Non -Pollution Discharge Elimination System (NPDES) Permit and the Clean
Water Act of 1972? Or alternatively,
B. Are the District and it's Customers fully exposed to further litigation and
possible additional rate increases as a result of future actions that may be taken
by the EPA and/or the Missouri Department of Natural Resources related to this
same matter?
2. In the last 4 1/2 years, how often has MSD violated it's NPDES Permit or the
Clean Water Act of 1972, with discharges of untreated combined storm water
and sanitary sewage? Is there a record of the dates and times and an estimate
of the volume of water involved when such discharges have taken place? For
the most part, do the violations of the NPDES Permit and /or the Clean Water Act
take place during heavy storm water conditions or do they, as a matter of fact,
occur on a regular or irregular basis when there is no storm water event? If
these violations occur primarily during storm water events, is there a record of
such occurrences and what percentage of MSD's overall operation does this
constitute? What I am trying to discover with this line of questions is this. Are we
dealing with cleaning up a 2% or 3% problem with the Consent Decree and the
expenditure of $4.7 to $6.0 billion? MSD's response to these discovery
questions may cause the Rate Commission to give serious consideration as to
the cost/benefit to MSD's customers.
3. In order to comply with the full impact of the Consent Decree, which continues
to remain confidential during these deliberations, is it probable that MSD will
have to request additional rate increases in the near future and is it possible that
individual single family home owners within the District's jurisdiction could see
their monthly sewer service charge ultimately be increased to $100.00 or
$200.00 per month if these increases are approved?
4. Does the 1972 Clean Water Act and the EPA's interpretation of said Act
consider the Missouri and the Mississippi Rivers within the MSD boundaries to
be clean clear water streams suitable for recreational use such as boating,
swimming and other water sports? Are the regulation and water quality limits
contained in MSD's NPDES Permits, as issued by the Missouri Department of
Natural Resources (DNR) for the treatment plants that are located along these
rivers, based upon of such interpretation?
5. Has the Economic Analysis undertaken by MSD's consultants taken into
consideration the fact that a significant percentage of single family homes within
the District have been foreclosed on and that an equally large number are in
various stages of going into the foreclosure process; that home ownership in at
least one close -in suburb to the City of St. Louis has dropped to 55%; and that
the market values for some homes with 3 bedrooms and 1 bath in that same
community have been lowered from $80,000.00 to $20,000.00 in the past year,
an extreme case, but nevertheless a sign of the times? Realistically, when
people can barely afford to make their home payment, unemployment seems to
be holding steady at about 10%, the United States Government stand on the
brink of default of it's financial obligations, how can MSD, the EPA, the U.S
District Court and any other parties to the Consent Decree expect ordinary
people to endure such substantial increases in their monthly sewer service
charges along with all of the other increases in basic necessities such as food,
shelter, clothing, transportation and health care without very serious hardship to
their lives?
am not a lawyer representing some other entity. I have been involved in clean
water efforts for over 45 years as a past Member and Chairman of the Missouri
Water Pollution Board and the Clean Water Commission and Member of the City
of St. Louis Port Commission. I continue to support efforts to keep our
waterways clean in a reasonable and responsible manner. I believe that your
response to the above Discovery Requests will assist in arriving at a fair and
equitable decision in the matter of the Rate Increase now before the MSD Rate
Commission. Thank you.
Robert A. Mueller
16 Ladue crest Lane
St. Louis, MO 63124
314-432-1177
ramreco@sbcglobal.net