HomeMy Public PortalAboutAB 07-10 Third Amended Consent Order with DEQ
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MCALL CITY COUNCIL 216 East Park Street
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AGENDA BILL MCall, ID 83638
Number AB 07-10
Meeting Date January 11, 2007
AGENDA ITEM INFORMATION
Approvals: Department/ Initials Remarks
SUBJECT:
Committee/Individual (Originator/
Support)
Mayor / Council
Third Amended Consent Order with the Idaho
City Manager
Department of Environmental Quality
Community Development
Treasurer
Clerk
Police Department
Public Works
Golf Operations
Parks & Recreation
Airport
COST IMPACT: n/a
Library
FUNDING SOURCE: n/a
City Attorney
Grant Coordinator
TIMELINE: ASAP
Other:
SUMMARY STATEMENT:
On March 20, 2006, the City Council approved the Second Amended Consent Order between the
City and the Idaho Department of Environmental Quality (DEQ). The Second Amended Consent
Order was fully executed and effective on May 2, 2006. Shortly thereafter, the Payette Lakes
Recreational Water & Sewer District filed a Petition for Judicial Review, naming the City and DEQ
and seeking to overturn the Second Amended Consent Order.
The City, through its attorneys and in coordination with staff, has negotiated with DEQ and the
Sewer District to resolve the lawsuit. The result of those negotiations is the attached Third
Amended Consent Order. DEQ has signed the Consent Order and it now awaits approval by the
Council. Upon execution of the Third Amended Consent Order, the District’s action against the
City and DEQ will be dismissed.
The attached copy shows the changes between the Second and Third Amended Consent Orders.
Generally, references to the City’s Wastewater Policy (Resolution 06-8) have been removed.
However, the Third Amended Consent Order still recognizes the City’s responsibility to monitor
and regulate the wastewater treatment system: “At no time shall the City allow connections to the
wastewater system if those connections will exceed the remaining capacity of the City’s
wastewater system.” 8.b.i, page 5
RECOMMENDED ACTION:
Approve the Third Amended Consent Order and authorize the Mayor to sign all necessary
documents.
RECORD OF COUNCIL ACTION
Meeting Date ACTION
March 20, 2006 AB06-75: approved the Second Amended Consent Order and
authorized the Mayor to sign all necessary documents