HomeMy Public PortalAboutAmendment to Consent Decree (10/10/13)Case: 4:07-cv-01120-CEJ Doc. #: 164 Filed: 10/10/13 Page: 1 of 11 PagelD #: 1683
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA,
et al.,
Plaintiffs,
v.
THE METROPOLITAN ST. LOUIS
SEWER DISTRICT,
Defendant.
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)
)
)
) No. 4:07-cv-01120 (CD)
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)
)
)
)
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WHEREAS, the United States of America ("United States"), the Missouri Coalition for the
Environment Foundation ("Coalition"), and the Metropolitan St. Louis Sewer District's ("MSD")
(collectively "Parties") are parties to a Consent Decree entered by this Court on April 27, 2012
(Dkt. # 159);
WHEREAS, the Consent Decree requires, among other things, that MSD construct and
implement certain 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;
WHEREAS, the Consent Decree requires that MSD construct (1) a CSO treatment unit at
Bissell Point Outfal1051 with 94 million gallons per day capacity providing equivalent of
primary clarification, solids/floatables disposal, and disinfection and resulting in no more than
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six million gallons of untreated overflow during four or less overflow events in the typical year,
and (2) a storage tank at Bissell Point Outfall 052, providing for storage capacity of one million
gallons and resulting in no more than 20 million gallons of untreated overflow during four or less
overflow events in the typical year. However, the Parties have agreed to replace these two CSO
Control Measures with a single storage facility to accommodate overflow from both Bissell Point
Outfalls 051 and 052 (hereafter "Proposed Amendment"). This single storage facility will
provide expandable storage capacity of 12.5 million gallons and result in no more than 84
million gallons of untreated overflow during four or less overflow events in a typical year. All
stored flow will receive secondary treatment at the Bissell Point wastewater treatment plant, as
compared to just primary treatment for the flow from Outfall 051 as required under the original
Consent Decree. The Critical Milestones for this new CSO Control Measure for Outfalls 051
and 052 will be unchanged and remain with a Bid Year of 2017 and Achievement of Full
Operation of December 31, 2020;
WHEREAS, the Parties agree that this Proposed Amendment is necessary because recent
design -level modeling using additional flow meter data acquired since the completion of the
LTCP modeling indicates higher CSO volumes and higher peak flow rates from Outfalls 051 and
052 than was originally modeled in the LTCP, which served as the basis for the selection of the
CSO Control Measures for these outfalls in Appendix D of the original Consent Decree;
WHEREAS, as a result of the higher flow rates and CSO volumes, the engineering analysis
showed that it is now more costly to pump and treat the flow than it is to store the flow from
Outfalls 051 and 052. In addition, the Proposed Amendment will result in lower pollutant
loadings to Maline Creek and increased operational efficiencies of a below -grade storage facility,
as compared to a treatment system;
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WHEREAS, 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;
WHEREAS, the Parties have agreed, pursuant to Paragraph 136 of the Consent Decree, to
this Proposed Amendment to the Consent Decree;
WHEREAS, this Proposed Amendment made herein constitutes a material change to the
Consent Decree, requiring Court approval under Paragraph 136 of the Consent Decree; and
WHEREAS, the Parties recognize, and the Court by entering this Amendment finds, that this
Amendment has been negotiated by the Parties at arm's length and in good faith and that this
Amendment is fair, reasonable, and in the public interest.
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NOW THEREFORE, with the consent of the Parties, IT IS HEREBY ADJUDGED,
ORDERED, AND DECREED as follows:
1. Except as specifically modified herein, all provisions of the Consent Decree entered by
the Court on April 27, 2012 (Dkt. # 159) shall remain unchanged and in full force and effect.
2. The CSO Control Measures for Bissell Point Outfalls 051 and 052 as set forth at page 1
of Appendix D of the Consent Decree shall be amended as follows (deletions are indicated in
strikeout text and additions are indicated in bold and italicized text):
CSO Control
Measure
Description
Design Criteria
Performance
Criteria
Critical Milestones
CSO Treat t-
End-
04-A46Dcapacityr-
Unit at-alascl{
Prai Outhall
facility
Y-
eeiids/deatables-
dispesalr and-
disinfection
and-6-million
gallons-of-
volume -it -the-
tYPioalleaRii
ComplyFwith-
le
FuLOperation--
42/3142020
Missou
t
Bissell -Point
Local storage
Provide storage
Reduce overflows
• Bid Year —
Oulfrll
Sl gaTank
facility
volume of one
12.5 million
to 4 events or less,
and 20 04 million
2017
• Achievement
Local Storage
Facility for
gallons,
expandable to
gallons of
untreated overflow
of Full
Operation —
Bissell Point
accommodate
volume In the
12/31/2020
Outfalls 031 and
052
storage
requirements, if
any, as
determined In SSO
typical yearn
Control Master
Plan
3. The Figure entitled "Malin Creek CSO Controls" on page 1 of Appendix D shall be
replaced with Exhibit A.
4. The following confirming changes to Appendix E, Post -Construction Monitoring
Program, shall also be made (deletions are indicated in strikeout text and additions are indicated
in bold and italicized text):
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a. On page 2 of Appendix E, the last sentence of the third paragraph will be
amended as follows: Locations to be monitored in the Bissell Point service area
include remaining CSO outfalls to Maline Creek, and major components of the
CSO Control Measures including pump stations; and storage
facilities."
b. On page 3,of Appendix E under the heading for Maline Creek, the language will
be amended as follows:
Maline Creels;
• Local Storage Facility for Walls
051 and 052
5. The effective date of this Amendment shall be the date upon which this Amendment is
entered by the Court or the motion to enter this Amendment is granted, whichever occurs first, as
recorded on the Court's docket.
6. Each undersigned representative of MSD (by MSD Ordinance No. 13277), the Coalition,
and the Assistant Attorney General for the Environment and Natural Resources Division of the
United States Department of Justice certifies that he or she is fully authorized to enter into the
teens and conditions of this Amendment and to execute and legally bind the Party he or she
represents to this Amendment.
7. This Amendment shall be lodged with this Court for a period of at least 30 days for
public notice and comment ht accordance with 28 C.F.R. 50.7. The United States reserves the
right to withdraw or withhold its consent if the comments regarding this Amendment disclose
facts or considerations indicating that this Amendment is inappropriate, improper, or inadequate.
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MSD consents to entry of this Amendment as proposed without farther notice and agrees not to
withdraw from or oppose entry of this Amendment by the Court or to challenge any provision of
this Amendment, unless the United States has notified MSD in writing that the United States no
longer supports entry of the Amendment.
8. This Amendment to the Consent Decree constitutes the final, complete and exclusive
agreement and understanding among the Parties with respect to this Amendment to the Consent
Decree, and this Amendment supersedes all prior agreements and understandings, whether oral
or written concerning the Amendment embodied herein.
9. This Agreement may be executed in counterparts, and its validity shall not be challenged
on that basis.
Dated and entered this Iv day of i._� u 2013.
CAROL E. ACKSO
UNITED S ATES DISTRICT JUDGE
Eastern District of Missouri
Eastern Division
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The undersigned party hereby consents and certifies that it is authorized to consent to
the terms and conditions of this Amendment to Consent Decree 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: 1 3 13
f J
ROBERT G. DREHER
Acting Assistant Attorney General
United States Department of Justice
Environment and Natural Resources Division
Environmental Enforcement Section
THRYN C. MACDONALD
Senior Trial Attorney
United States Department of Justice
Environment and Natural Resources Division
Environmental Enforcement Section
P.O. Box 7611
Washington, D.C. 20044
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Case: 4:07-cv-01120-CEJ Doc. #: 164 Filed: 10/10/13 Page: 8 of 11 PagelD #: 1690
The undersigned party hereby consents and certifies that it is authorized to consent to
the terms and conditions of this Amendment to Consent Decree in the matter of' United
Stales, et al_ v. Metropolitan St. Louis Sewer District, No. 4:07-tv-0l 120-CE l (E.D.
Mo.).
FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION V 1I:
Date: (/.41-0j f
DAVID COZADO
Regional Counsel
United States Environmental Protection Agency
Region ?
11201 Renner Road
Lenexa, Kansas 66219
EHUSTON
Assistant Regional Counsel
A United States Environmental Protection Agency
Region 7
11201 Renner Road
Lenexa, Kansas 66219
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The undersigned party hereby consents and certifies that it is authorized to consent to
the terms and conditions of this Amendment to Consent Decree 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:
Date: W13
Date: le /IV/ 3
Date: C j L T I l ?,
Date 7\5?1
C ILES
AsslinlStrator
Office o forcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington , D.C. 20004
SUS'AN SHINKMAN
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
POL
Director, W : p+' nforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.Cr.20004
S
JOA NA CITRON DAY
Attorney Advisor, Water Enforccl nt 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
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The undersigned party hereby consents and certifies that it is authorized to consent to
the terms and conditions of this Amendment to Consent Decree 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:
Date: jAl242043
nce: (0A0h3
Y� 17(
HEATHER B. NAVARRO
Executive Director
Missouri Coalition for the Environment Foundation
6267 Delmar Blvd., Suite 2E
St. Louis, Missouri 63130
ELIZABETH J.
Clinic Attorney
Interdisciplinary Environmental Clinic
Washington University School of Law
Campus Box 1120
St. Louis, Missouri 63130
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The undersigned party hereby consents and certifies that it is authorized to consent to the
terms and conditions of this Amendment to Consent Decree in the matter of United
States, et al. v. Metropolitan St. Louis Sewer District, No. 4:07-cv-01 I 20-CEJ (E.D.
Mo.).
FOR THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Date: G Al !3
Date: SP / /i!
BRIAN L. HOELSCHER
Executive Director
Metropolitan St. Louis Sewer District
2350 Market Street
St. Louis, Missouri 63103
ifeAlig nlifi/r1
SUS
General Counsel
Metropolitan St. Louis Sewer District
2350 Market Street
St. Louis, Missouri 63103
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