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Agreed Non-Material Consent Decree Modification (7/5/13)Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 1 of 9 PagelD #: 1633 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES OF AMERICA, „t aL, Plaintiffs, v. No. 4:07-cv-01120 (CEJ) THE METROPOLITAN ST. LOUIS SEWER DISTRICT, Defendant. AGREED NON -MATERIAL, CONSENT DECREE MODIFICATION Background A. On April 27, 2012, the United States District Court for the Eastern District of Missouri, Eastern Division approved and entered a Consent Decree between the United States and the Missouri Coalition for the Environment Foundation ("Coalition") and the Metropolitan St. Louis Sewer District's ("MSD") (collectively "Parties"), in a case captioned United States, et al. v. Metropolitan St. Louis Sewer District, Civil Action No. 4:07-cv-01120 (E.D. Mo.). B. The express purpose of the Consent Decree is for MSD to take all necessary measures to meet the goals and objectives of the CWA; to achieve and maintain compliance with the CWA and the Missouri Clean Water Law and the regulations promulgated thereunder, and the terms and conditions of MSD's Missouri State Operating Permits; to meet the objectives of the EPA's April 19, 1994 CSO Control Policy, 59 Fed. Reg. 18688, which is incorporated by reference into Pagel of8 Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 2 of 9 PagelD #: 1634 Mo. Code Regs. Ann. Tit. 10, § 20-7.015(10); to eliminate all Constructed SSO Outfalls; and to achieve the goal of eliminating all known SSOs. C. Paragraph 51 of the Consent Decree requires, among other things, that MSD construct and implement the CSO Control Measures in accordance with the descriptions, design and performance criteria, and the dates for bid year and achievement of full operation for each CSO Control Measure set forth in Appendix D to the Consent Decree. D. Appendix D, at page 6, requires that MSD construct and implement a CSO treatment unit — enhanced high rate clarification facility - at the location of the Lemay CSO Outfall 063. Similarly, Appendix E, the Post -Construction Monitoring Program, refers to this enhanced high rate treatment unit as being near Outfall 063. E. Paragraph 136 of the Consent Decree provides that the Consent Decree, including any attached appendices, may be modified only by a subsequent written agreement signed by all Parties. Where the modification constitutes a material change to the Consent Decree, the modification shall be effective only upon approval by the Court. F. The Parties have agreed, pursuant to Paragraph 136 of the Consent Decree, to allow MSD to move the location of the CSO treatment unit to a new location near the downstream end of the CSO storage tunnel as illustrated in Exhibit A. The description, design and performance criteria, and critical milestones for this CSO treatment unit will remain the same as set forth in Appendix D. G. The changes made herein constitute non -material Consent Decree modifications that do not require Court approval under Paragraph 136 of the Consent Decree. The undersigned Parties anticipate that the United States will file this Agreed Non -Material Consent Decree Modification ("Agreement") with the Court as a non -material modification and an agreed supplement to the Page 2of8 Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 3 of 9 PagelD #: 1635 Consent Decree. The Parties hereby agree that this Agreement shall be effective on the date that it has been signed by all Parties. H. No action by the Court is required at this time. The Parties file this non -material modification to the Consent Decree with the Court in order to maintain a complete record of the Consent Decree and this modification thereto. 1. The Parties hereby agree to the following non -material modification to Appendices D and E of the Consent Decree: a. Delete the phrase "CSO Treatment Unit at Lemay CSO Outfall 063" on page 6 of Appendix D under the column heading entitled "CSO Control Measure". b. Replace the deleted phrase in Paragraph 1(a) above with "CSO Treatment Unit". c. Delete the Figure entitled "Lower & Middle River Des Peres CSO Controls" on page 7 of Appendix D. d. Replace the deleted Figure in Paragraph 1(c) with Exhibit A. e. Delete the phrase "Enhanced High Rate treatment unit near Outfall 063" on page 3 of Appendix E (Post -Construction Monitoring Program) under the heading for Lower and Middle River Des Peres, at the second bullet. f. Replace the deleted phrase in Paragraph 1(e) with "Enhanced High Rate treatment unit." 2. Except as specified herein, no additional provisions of the Consent Decree are modified, superseded, or altered in any way by this Agreement. 3. This Agreement may be executed in counterparts. Page 3 of 8 Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 4 of 9 PagelD #: 1636 The undersigned party hereby consents and certifies that it is authorized to consent to the terms and conditions of this Agreed Non -Material Consent Decree Modification in the matter of United States, et al. v. Metropolitan St. Louis Sewer District, No. 4:07- cv-01120-CEJ (E.D. Mo.). FOR THE UNITED STATES OF AMERICA: Date: 06 - -20 a "igesLvx THOMAS MARIAN Deputy Chief United States Department ofJustice Environment and Natural Resources Division Environmental Enforcement Section I alma THR C. MA NALD Senior Trial Attorney United States Department ofJustice Environment and Natural Resources Division Environmental Enforcement Section P.O. Box 7611 Washington, D.C. 20044 Page 4 of 8 Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 5 of 9 PagelD #: 1637 The undersigned party hereby consents and certifies that it is authorized to consent to the terms and conditions of this Agreed Non -Material Consent Decree Modification in the matter of United States, et al. v. Metropolitan St. Louis Sewer District, No. 4:07- cv-01120-CEJ (E.D. Mo.). FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VII: Date: / 1-0 Date: DAVID COZAD Regional Counsel United States Environmental Protection Agency Region 7 11201 Renner Road Lenexa, Kansas 66219 ELI(BETH Assistant Regional Counsel A United States Environmental Protection Agency Region 7 11201 Renner Road Lenexa, Kansas 66219 Page 5 of 5 HUSTONticrAyiytr-1- Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 6 of 9 PagelD #: 1638 The undersigned party hereby consents and certifies that it is authorized to consent to the terms and conditions of this Agreed Non -Material Consent Decree Modification in the matter of United States, et al. v. Metropolitan St. Louis Sewer District, No. 4:07- cv-01120-CEJ (E.D. Mo.). FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE: (0 in (13 Date: ti,L' r/ 3 Date: 2i,//l L I...I c a GILES Assi dministrator 0/6 Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20004 SUAN SHINKIVIAN Director, Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20004 MARK POJLINS Director, Water Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20004 JiANNA CI RI'i DAY Attorney Advisor, Water Enforceme t Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Page 6 of 8 Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 7 of 9 PageiD #: 1639 The undersigned party hereby consents and certifies that it is authorized to consent to the terms and conditions of this Agreed Non -Material Consent Decree Modification in the matter of United States, et al. v. Metropolitan St. Louis Sewer District, No. 4:07- cv-01120-CEJ (E.D. Mo.). FOR THE MISSOURI COALITION FOR THE ENVIRONMENT FOUNDATION: i-ex4.3 2;tr 1 * THER B. NAVARR Executive Director Missouri Coalition for the Environment Foundation 6267 Delmar Blvd., Suite 2E St. Louis, Missouri 63130 ELIZABETH J. HUBERTZ Clinic Attorney Interdisciplinary Environmental Clinic Washington University School of Law Campus Box 1120 St. Louis, Missouri 63130 Page 7 of 8 Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 8 of 9 PagelD #: 1640 The undersigned party hereby consents and certifies that it is authorized to consent to the terms and conditions of this Agreed Non -Material Consent Decree Modification in the matter of United States. et al. v. Metropolitan St. Lazris Sewer District, No. 4:07-cv- 01 120-CEJ (E.D. Mo.). FOR THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Date: % 4. r h Date: 6 al jI? Jam. ic11.�.�J BRIAN L. HOELSCHER Executive Director Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103 Sim 1/6-1 SUSAN M. MYERS 4/ General Counsel Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, Missouri 63103 Page 8 of 8 Case: 4:07-cv-01120-CEJ Doc. #: 161 Filed: 07/05/13 Page: 9 of 9 PagelD #: 1641 6.600 i3.206 Feet EXHIBIT A [MOVE TREATNI EN T ' N 11 it M .1k14?,._ M14- xr .:4 • y` l�Y :6 Proposed Treatment Fediti s Fik, Proposed abrade Tunnel Under RCP CSO Locations •' Yb Be Separated r Maddind Pump Station / V' Nestor Combined Sewers [jor sanitary Sewers Aje Sesiker-McCausland Tunnel Creeks +'4: St. Louis City LknNs Lower & Middle River Des Peres CSO Controls