HomeMy Public PortalAboutAgreed 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
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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
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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.
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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
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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-
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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
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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
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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
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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