83-08 ResolutionRECORD OF RESOLUTIONS
Inc_ Form No. 30045
Resolution Na.
83-08
Pnssed
20
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE OHIO
ENVIRONMENTAL PROTECTION AGENCY (OEPA) TO
EXECUTE ALL REQUIREMENTS REGARDING THE
FINDINGS AND ORDERS OF THE OEPA DIRECTOR
RELATED TO SANITARY SEWER SYSTEM DISCHARGE
AND STORM WATER INFLOW AND INFILTRATION.
WHEREAS, on August 1, 2002 the City of Columbus entered into a consent order
with the Ohio Environmental Protection Agency (OEPA) that requires the City of
Columbus to address illegal discharges from their sanitary sewer system; and
WHEREAS, the OEPA recognizes that the City of Columbus cannot fully comply
with the consent order without addressing inflow and infiltration (I&I) issues of
satellite communities, including the City of Dublin, that discharge into the Columbus
system; and
WHEREAS, after two years of negotiations with twenty-two satellite communities,
the OEPA Director has issued final findings and orders for the satellite communities to
comply with.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, r ~i' of the elected members concurring that:
Section 1. The City Manager be, and hereby is, authorized to enter into the attached
Agreement with the Ohio Environmental Protection Agency regarding the OEPA
Director's Orders for sanitary sewer system discharge and inflow and infiltration in
satellite communities.
Section 2. That this Resolution shall take effect and be in force at the earliest date
permitted by law.
_; l ~ ~' r 2oog
Passed this / i~" ~ day of ; ~: ~ ; i'/~~~ }fit ,
Mayor -Presiding Officer
Attest:
-, ~ /
Clerk of Council
ciTV or uuerrv
Office of the City Manager
5200 Emerald Pkwy. • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Marsha Grigsby, Interim City Manager /~~~t~r~
Date: November 13, 2008 `~
Initiated By: Ron Bums, Director of Streets & Utilities
Memo
Re: Resolution 83-08, Authorizing Execution of the Ohio EPA Director's Orders
Summary
On August I, 2002, the City of Columbus entered into a consent order with the Ohio Environmental
Protection Agency (OEPA) that requires Columbus to address illegal discharges from their sanitary
sewer system. Much of the cause for these illegal discharges is inflow and infiltration (I&I) from storm
water.
The OEPA recognized Columbus cannot fully comply with the consent orders without addressing I&I
issues in the sanitary sewer systems of satellite communities that discharge into Columbus's system.
As a result, the OEPA began negotiations with all of these satellite communities to sign OEPA
Director's Orders. After approximately two years of negotiations, the communities have reached
acceptable terms with the OEPA and staff is now seeking City Council approval authorizing the City
Manager to sign the OEPA Director's Orders.
The satellite communities referred to above include: Bexley, Dublin, Gahanna, Grandview Heights,
Grove City, Hilliard, Reynoldsburg, Upper Arlington, Westerville, Whitehall, Worthington, Brice,
Groveport, Marble Cliff, Minerva Park, New Albany, Obetz, Riverlea, Shawnee Hills, Urbancrest,
Valleyview and Jefferson Water and Sewer District.
Components of the OEPA Director's Orders
The OEPA Director's Orders contain several requirements consisting of:
Within 90 days of the effective date of the orders, Dublin must identify and submit to OEPA a
Public Notification Program to inform the public of Sanitary Sewer Overflow (SSO) times,
locations and enviromnental impacts. Typical Public Notification Programs include the use of
local newspapers, signs at SSO locations and web sites. Within 90 days of OEPA's approval of
the program, it must be implemented.
2. Within 180 days of the effective date of the orders, Dublin must identify and submit to OEPA an
SSO Emergency Response Plan (ERP). The SSO ERP will include the following: a public
notification program, procedures to ensure appropriate training and responses to SSOs,
procedures to ensure appropriate personnel are aware of and follow the SSO ERP, emergency
operations (if necessary) and appropriate procedures to notify the public, OEPA, etc... within
appropriate timeframes. Within 180 days of OEPA's approval of the SSO ERP, the plan must be
implemented.
Memo re. Res. 83-08 -Ohio EPA Orders
November 13 2008
Page 2
3. Within 180 days of the effective date of the orders, Dublin must submit to OEPA a schedule for
conducting a Sanitary Sewer Evaluation Study (SSES) of Dublin's entire sanitary sewer system.
There are two time frame options afforded in the orders. Dublin is likely to choose the longer of
the two options, which allows a phased schedule approach over fifteen years. This SSES must
identify sources and locations of SSOs and provide plans and schedules for reinediation where
necessary.
4. Within three years of the effective date of the orders, Dublin must submit to OEPA a Capacity,
Management, Operation, and Maintenance (CMOM) program. On a biannual basis thereafter,
Dublin must submit a report identifying actions and activities that have occurred under the
CMOM program.
Cost Estimate
Unti] the SSES is complete, it is difficult to provide detailed cost estimates; however, staff estimates the
cost of complying with these orders to be approximately $12 million over the next fifteen years.
Recommendation
Staff recommends City Council approve Resolution 83-08 authorizing the City Manager to execute the
OEPA Director's Orders.
BEFORE THE
OHIO ENVIRONMENTAL PROTECTION AGENCY
In the Matter of:
CityNillage Director's Final Findings
and Orders
PREAMBLE
It is agreed by the parties hereto as follows:
I. JURISDICTION
These Director's Final Findings and Orders {"Orders"} are being issued to the
Ohio ("Satellite Community" or "Satellite"), pursuant to the authority
vested in the Director of the Ohio Environmental Protection Agency {"Ohio EPA") under
Ohio Revised Code ("ORC"} §§ 6111.03, 6111.46 and 3745.01.
II. PARTIES BOUND
These Orders shall apply to and be binding upon Satellite Community, and successors
in interest liable under Ohio law.
III. DEFINITIONS
Unless otherwise stated, all terms used in these Orders shall have the same meaning
as defined in ORC Chapter 6111., and the rules promulgated thereunder.
"Sewer System" means all parts of the sanitary sewerage system, including interceptor
sewers, the Satellite Community owns or over which it has operational control.
"Sanitary Sewer Overflow" ar "SSO" means an overflow, spill or release of wastewater
from a sanitary sewer system that occurs on a street or the ground such that it has
reasonable potential to reach waters of the state without treatment. SSOs do not
include WIBs unless the WIB is discharged or otherwise released to a stream or street
or where it can enter a storm sewer system.
"Water in Basement" or "WIB" means wastewater that backups into buildings and that
are caused by blockages or flow conditions in a sanitary sewer other than a building
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lateral. WIBs do not include the backup of sewage caused by a blockage or other
malfunction in a building's lateral sewer.
IV. FINDINGS
The Director of Ohio EPA has made the following findings:
1. Satellite Community owns and operates a Sewer System which collects sanitary
flow from {and other satellite communities} and transports it to the
City of Columbus sanitary sewerage system for treatment at a wastewater
treatment plant owned and operated by the City of Columbus.
2. The City of Columbus entered into a Consent Order on August 1, 2002, in State
of Ohio, ex rel. Montgomery v. City of Columbus, Franklin County Court of
Common Pleas, Case No. 02 CVH-05-5768 {"Consent Order"}, which requires
Columbus to properly operate and maintain its wastewater treatment plants,
sewer system, and any associated equipment and structures, including
elimination of unpermitted discharges from its collection system and its
wastewater treatment plants.
3. Among other things, the Consent Order requires Columbus to develop and
implement a program to address the capacity, management, and operation and
maintenance of its sewers, including establishing legal authority to address flows
from satellite collection systems.
4. The Consent Order further requires Columbus to submit to Ohio EPA for
approval a System Evaluation and Capacity Assurance Plan {"SECAP"} and
implementation schedule with the purpose of providing adequate capacity to
convey and treat base flows and peak flows for all parts of the Columbus sewer
system, the satellite collection systems, and the maintenance contract areas
{areas outside Columbus' corporate limits where Columbus is contractually
bound to provide the maintenance on the sewers and accept the sanitary flow}.
Another goal of the SECAP and the SECAP implementation schedule is to take
all feasible steps to stop and to mitigate the impact of SSOs, bypasses and
WI Bs.
5. Columbus cannot fully comply with the Consent Order unless accurate
information about sanitary flow and clear water infiltration and inflow {"I&I"} from
each satellite collection system is developed, and satellite communities take
steps to mitigate the impact of I&I from satellite collection systems on Columbus
SSOs, treatment plant bypasses and WIBs.
6. According to the United States Environmental Protection Agency {"U.S. EPA"),
SSOs of raw or diluted sewage pose a risk to public health and the environment.
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See, Compliance and Enforcement Strategy for CSOs and SSOs, April 27, 2000
{"U.S. EPA Strategy"). The U.S. EPA Strategy states at p. 8:
"SSOs typically have high concentrations of bacteria from fecal
contamination, pathogens and nutrients, all of which are significant
contributors to the impairment of lakes, rivers, and streams. Aside
from the pollutant impact on surface waters, sanitary sewer
overflows frequently occur in areas that may be frequented by
pedestrian traffic and pets, providing a likelihood of direct contact
with pathogenic bacteria and viruses in the wastewater, and posing
a significant public health risk."
7. The U.S.EPA Strategy was developed "to address and remedy the threat
to public health and the environment caused by overflows from municipal
sewer collection systems." See, U.S. EPA Cover Memorandum
accompanying the U.S. EPA Strategy, also dated April 27, 2000.
8. SSOs from same of the City of Columbus' satellite collection systems have been
reported to the City of Columbus or to the Ohio EPA. I&I from the City of
Columbus' satellite collection systems contributes to SSOs and treatment plant
bypasses in the Columbus system.
9. SSO discharges to waters of the state, as defined in ORC § 6111.01, which can
occur through storm water sewers, are prohibited under ORC § 6111.04, except
in accordance with a valid, unexpired permit. Columbus satellite communities do
not hold valid, unexpired permits for SSO discharges to waters of the state.
10. Pursuant to ORC § 6111.03{H}, the Director may issue, modify or revoke orders
to prevent, control, or abate water pollution by prohibiting or abating discharges
of sewage, industrial waste, or other wastes into the waters of the state;
11. Pursuant to ORC § 6111.46, the Ohio EPA is required to exercise general
supervision of the construction, operation and maintenance of sewage collection,
treatment and disposal systems, and may adopt and enforce orders governing
such systems and requiring submission of records of construction, operation and
maintenance, including plans and descriptions of existing sewage treatment and
disposal systems.
12. Satellite Community has represented to Ohio EPA that it has implemented or
intends to implement a Capacity, Management, Operation, and Maintenance
(CMOM} Program for all parts of its sewer system by no later than three years of
the date of these Orders. The CMOM Program is used to manage collection
system assets and consists of best management practices developed by the
industry that are applied over the life cycle of the collection system.
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13. The following Orders do not constitute authorization or approval of the
construction of any physical structure or facilities, or the modification of any
existing treatment works or sewer system. Any such construction or modification
is subject to the plan approval and permit to install requirements of ORC §§
6111.44 and 6111.45 and Ohio Administrative Code (OAC} Chapter 3745-42.
14. The Director has given consideration to, and based his determination on,
evidence relating to the technical feasibility and economic reasonableness of
complying with these Orders and to evidence relating to conditions calculated to
result from compliance with these Orders, and its relation to the benefits to the
people of the State to be derived from such compliance in accomplishing the
purposes of ORC Chapter 6111.
V. ORDERS
1. It is the goal of these Orders that Satellite Community properly manage, operate,
and maintain all parts of its Sewer System at all times in accordance with these
Orders and to:
a. Provide adequate capacity to convey base flows and peak flows for all
parts of the sewer system;
b. Take all feasible steps to stop SSOs and WIBs and to mitigate the impact
of SSOs and WIBs from the Sewer System;
c. Minimize excessive I & I; and
d. Provide notification to parties with a reasonable potential for exposure to
pollutants associated with any overflow event.
2. No later than one hundred eighty (180} days after the effective date of these
Orders, Satellite Community shall submit to Ohia EPA far review and comment a
schedule for conducting a Sewer System Evaluation Study {"SSES") for the
Satellite's entire Sewer System, which will specify major tasks and the estimated
time for completion of these tasks. Satellite Community shall submit a schedule
to either complete the SSES (a} within five {5} years of the effective date of these
Orders for the entire Sewer System, or {b} within a reasonable period of time
which shall not exceed fifteen {15) years of the effective date of these Orders that
involves a phased area-by-area evaluation of, and Remediation and
implementation of Actions in, the Satellite's entire Sewer System {"Phased
Schedule"} {which schedule shall generally assign a higher priority to areas with
larger amounts of I&I, SSOs and/or WIBs}. The Phased Schedule shall indicate
the estimated date that the SSES of each area shall commence. It is been
represented to Ohia EPA that the fifteen (15} year period may not be sufficient
time for certain satellite communities to complete all work necessary to comply
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with Order 2(b} and that certain satellite communities may propose a schedule
that exceeds 15 years. If, after reviewing the proposed schedule and the
Satellite Community's justification for the schedule, Ohio EPA determines that
the request is not acceptable, the Director shall sa notify the Satellite Community
in writing. The Director and the Satellite Community will use their best efforts to
resolve the schedule dispute. If the parties are unable to resolve the schedule
dispute within 90 days of the Director's letter, these Orders will be deemed
automatically terminated by mutual agreement of the Parties. Evaluations
performed prior to the date of these Orders may be utilized, in whole or in part, to
meet the obligations of Order 2.
3. If, subsequent to the issuance of these Orders, the Director becomes aware
(a} of an SSO that may imminently and substantially endanger human health (as
described in Order 8; or (b} that there has been a substantial increase in the
number or frequency of WIBs in a particular area {circumstances "{a)" and "(b}"
are collectively referred to below as a "Priority Area of Concern" or "PAC""}, the
Director shall request the Satellite Community to revise the Phased Schedule
(applicable to the Satellites proceeding under Order 2b) or implement specific
actions {applicable to the Satellites proceeding under Order 2a) as are necessary
to abate the PAC. The parties shall negotiate in good faith for a reasonable
period of time to attempt to agree to a revised schedule or specific actions, as
appropriate. If the parties are unable to agree to a revised schedule or specific
actions, as appropriate, the Director may issue administrative orders or initiate a
civil action to seek injunctive relief to require the satellite community to abate the
PAC and may seek civil penalties for violations occurring after the date that the
Director gives notice that negotiations have reached impasse. The parties agree
that the revision to a Phased Schedule, or the implementation of specific actions,
whether mutually agreed to or ordered by administrative or court order, may be
grounds for an extension or other adjustment of the schedule within which other
Remediation or Actions are performed.
4. The SSES will identify (a) sources and quantities of clear water infiltration and
inflow {"I&I") entering Satellite Community's Sewer System, and {b) all feasible
cost-effective actions needed to eliminate or minimize excessive I&I entering the
Sewer System that causes or contributes to SSOs and WIBs {"Remediation")
within Satellite Community's Sewer System as well as all downstream sewer
systems. The SSES will be performed using sound engineering practices and
consistent with procedures outlined in the 1991 US EPA Handbook, "Sewer
System Infrastructure Analysis and Rehabilitation" and/or applicable manuals
from the National Association of Sewer Service Companies ("NASSCO"}. The
SSES shall include, but not be limited to:
a. An evaluation of the Sewer System, including:
A physical survey of the Sewer System and confirmation of
location, size, and capacity of all sewers, manholes, pump stations,
overflow points (if they exist), cross-connections with storm sewers
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(if they exist}, and any other appurtenances specific to the Sewer
System;
ii. Flow monitoring to adequately characterize the Sewer System
during wet and dry weather. Flaw monitoring should be considered
at all points of connection into downstream sewers awned by a
different entity {e.g., Columbus}, at all overflow pipes, immediately
upstream of all pump stations, and at any other points deemed
necessary to complete the rest of the evaluation detailed below.
Meters may be rotated to different locations to provide the
necessary information.
iii. Estimates of peak flows (including flows that escape from the
Sewer System} associated with wet weather conditions;
iv. Identification of the locations of any hydraulic deficiencies within the
Sewer System {including components of the System with limiting
capacity} that are causing or contributing to SS~s or WIBs;
v. Identification of the locations of material sources of I&I entry into
the Sewer System; and an estimate of the benefit (in terms of flow
removed} of eliminating each material source of I&I entry;
vi. The usefulness of permanent flow meters at connection paints to
the downstream sewers that are owned by a different entity;
vii. Identification of the locations of structural deficiencies within the
Sewer System that are causing or contributing to SS~s or WIBs.
b. The identification of short and long term actions to eliminate each material
structural and hydraulic deficiency within Satellite Community's Sewer
System ("Actions"}. For each such deficiency, the SSES will identify
alternatives to eliminate the deficiency, the costs for each alternative, and
the recommended alternative for eliminating the deficiency. The SSES will
group the alternatives in projects as appropriate, prioritize the projects and
provide a schedule for implementation of all recommended projects. If a
project is not recommended, or if an implementation schedule is impacted
due solely to the affordability of the project, Satellite Community will
provide an analysis of the cost effectiveness of the project, including
impacts on user rates.
c. The identification of Remediatian to minimize each material source of
excessive I&I into the Sewer System. The SSES will identify alternatives
to minimize each such source, the costs associated therewith, and the
recommended alternative far minimizing them. The SSES will group the
alternatives in projects as appropriate, prioritize the projects and provide a
schedule for implementation of all recommended projects. If a project is
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not recommended, or if an implementation schedule is impacted due
solely to the affordability of the project, Satellite Community will provide an
analysis of the cost effectiveness of the project, including impacts on user
rates.
d. The SSES will be reviewed and updated as needed to reflect current
information.
5. If Satellite Community conducts its SSES in accordance with Order 2a, then
Satellite Community shall, within five (5} years after the effective date of these
Orders, submit to Ohio EPA for review and comment a completed SSES, which
shall include a schedule for the implementation of any Remediation in
accordance with Order 4a to 4d above. If Ohio EPA believes that the proposed
SSES Remediation implementation schedule or selected projects for
Remediation are deficient, Ohio EPA will so notify Satellite Community. Within
ninety (90} days of the date of the notification from Ohio EPA, Satellite
Community will either incorporate Ohio EPA's comments or discuss any areas of
disagreement with Ohio EPA. Ohio EPA and Satellite Community may enter into
a separately negotiated agreement if they agree on the Remediation projects and
implementation schedule therefor.
6. If Satellite Community conducts its SSES in accordance with Order 2b, then
Satellite Community shall submit each phase of the SSES, and the proposed
Remediation and implementation schedule (which shall be reasonably consistent
with the schedule submitted pursuant to Order 2} for such phase, to Ohio EPA. If
Ohio EPA believes that any aspect of the SSES, the proposed Remediation or
the implementation schedule therefor is deficient, Ohio EPA will so notify Satellite
Community. Within ninety {90} days of the date of the notification from Ohio
EPA, Satellite Community shall either incorporate Ohio EPA's comments in a
revised SSES or discuss any areas of disagreement with Ohio EPA. Upon
approval of the Remediation and implementation schedule, Satellite Community
shall implement the approved Remediation in accordance with the approved
schedule. If the parties can not agree, Ohio EPA may exercise its rights under
Section XI.
If, at any time, Ohio EPA determines that the overall Phased Schedule proposed
by the Satellite for the work called for by the SSES is significantly longer than is
reasonably necessary {which determination shall consider, inter olio, the
affordability of the work}, it may issue an administrative order requiring the
acceleration of the overall schedule. Notwithstanding the issuance of such an
order, if the Satellite thereafter experiences a material change in circumstances,
it may request an extension of the accelerated schedule, which the Director shall
act upon by the issuance of a final action.
7. By no later than three years of the date of these Orders, Satellite Community
shall provide a report to Ohio EPA for review and comment summarizing its
Capacity, Management, Operation, and Maintenance {CMOM} Program
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referenced in Finding 12. On a biannual basis thereafter, Satellite Community
shall provide a written summary to Ohio EPA describing the actions and activities
that have occurred under this program during the preceding two years.
8. Satellite Community shall report SSOs from Satellite Community's Sewer System
that may imminently and substantially endanger human health in accordance
with the terms of this paragraph. SSOs that may imminently and substantially
endanger human health include dry weather overflows, major line breaks,
overflow events that result in fish kills or other significant harm, and overflow
events that occur in sensitive waters and high exposure areas such as protection
areas for public drinking water intakes and waters where primary contact
recreation occurs. These reports will include:
a. Notification to the Ohio EPA (1-800-282-9378} and the appropriate Board
of Health (i.e., city or county) within one hour of learning of the SSO. The
report will be in accordance with the procedures set forth in the Overflow
Emergency Response Plan.
b. Notification to the public of SSOs from its sewers in areas where an SSO
has a potential to affect human health. The notification will be in
accordance with the SSO Emergency Response Plan required by 11 a -
11 ebelow.
c. A written report to Ohio EPA within five days of the date Satellite
Community became aware of the overflow. The written report will contain:
i. The location of the SSO;
ii. The receiving water, if any;
iii. An estimate of the volume of the SSO;
iv. A description of the sewer component from which the release
occurred;
v. The estimated date and time when the overflow began and stopped
or will be stopped;
vi. The cause or suspected cause of the overflow;
vii. Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the overflow and a schedule of major milestones
for those steps; and
viii. Steps taken or planned to mitigate the impacts} of the overflow and
a schedule of milestones for those steps.
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9. Satellite Community shall prepare an annual report of all SSOs and WIBs from its
Sewer System on a form acceptable to Ohio EPA. For each SSO, the annual
report will include the date, the location, any receiving water, and the estimated
volume of the flow. The annual report will additionally include a summary section
describing overflow events by severity, frequency, and location. The annual
report will summarize the WIBs by setting forth the total number of WIBs and by
listing the number of WIBs in each location. The report will also include a
narrative analysis of patterns of the WIBs by location, frequency and cause, as
well as any resultant changes in operations and maintenance procedures. The
annual report will be submitted to Ohio EPA by February 15 of the following year.
10. Satellite Community will maintain the following records for at least three years or
until a complaint has been satisfactorily resolved, whichever is longer.
For each SSO and WIB:
i. The location of the SSO or WIB and the receiving water, if any;
ii. The estimated volume of the SSO;
iii. A description of the sewer component from which the release
occurred;
iv. The estimated date and time the SSO or WIB began and ended;
v. The cause or suspected cause of the SSO or WIB;
vi. Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the overflow and a schedule of milestones for
those steps;
vii. Work orders that are associated with the investigation of system
problems related to SSOs or WIBs;
viii. A list and description of complaints from customers or others;
ix. Documentation of performance and implementation measures.
11. Not later than ninety {90} days after the effective date of these Orders, Satellite
Community shall identify and implement a Public Notification Program to: inform
the public of the locations of any SSOs; to inform the public of SSO occurrences;
inform the public of the possible health and environmental impacts associated
with SSOs; and advise the public against contact recreation when elevated
bacterial levels may endanger public health. At a minimum, the public
notification program will include signs at SSO locations, newspaper notices,
Internet postings, and billing inserts, as applicable. Nat later than ninety {90}
days after the effective date of these Orders, Satellite Community shall provide a
summary of the Public Notification Program to Ohio EPA.
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12. Not later than one hundred eighty {180} days after the effective date of these
Orders, Satellite Community shall prepare, and submit to Ohio EPA for review
and comment, an SSO Emergency Response Plan ("ERP"} that identifies
measures to protect public health and the environment in the event of an SSO. If
Ohio EPA believes that the proposed SSO ERP is deficient, Ohio EPA will so
notify Satellite Community. Satellite Community will use best efforts in
incorporating Ohio EPA's identified deficiencies, or discuss any areas of
disagreement with Ohio EPA, within ninety {90} days of the date of the
notification from Ohio EPA. The SSO ERP will include, but not be limited to:
a. A mechanism to ensure that Satellite Community is made aware of all
SSOs and WIBs from the sewer system;
b. Procedures to ensure appropriate responses to SSOs, including ensuring
that reports of overflows are promptly dispatched to appropriate personnel
for investigation and appropriate response;
c. Procedures to ensure that appropriate personnel are aware of and follow
the SSO ERP and are appropriately trained;
d. Emergency operations; and
e. Procedures to ensure prompt appropriate notification of the public, the
appropriate board of health, and the Ohio EPA. These procedures should
be developed in consultation with potentially affected entities.
13. Not later than one hundred eighty (180) days after receipt of Ohio EPA
comments on the SSO ERP, Satellite Community shall implement the SSO ERP.
VI. TERMINATION
For Satellite Communities electing to proceed in accordance with the schedule in Order
2a, these Orders shall terminate upon either the issuance of Director's Final Findings
and Orders or other legal mechanism which incorporates an SSES implementation
schedule, or within 90 days after Ohio EPA's submission of comments to the Satellite
Community's SSES, whichever occurs sooner. For Satellite Communities electing to
proceed in accordance with the schedule in Order 2b, the Orders will terminate when
the Satellite Community (1 }certifies in writing and (2} demonstrates to the satisfaction of
Ohio EPA that Satellite Community has performed all obligations under the Orders; and
the Chief of Ohio EPA's Division of Surface Water acknowledges that conditions (1 }and
(2} have been met. If Ohio EPA does not agree that all such obligations have been
performed, then Ohio EPA will notify Satellite Community of the obligations that have
not been performed, in which case Satellite Community shall have an opportunity to
address any such deficiencies and seek termination as described above.
The certification shall contain the following attestation: "I certify that, to the best of my
knowledge and belief, the information contained in or accompanying this certification is
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true, accurate and complete." This certification shall be signed by a responsible official
of Satellite Community. For purposes of these Orders, a responsible official is defined in
OAC Rule 3745-33-03(D)(1 }.
VII. OTHER CLAIMS
Nothing in these Orders shall constitute or be construed as a release from any claim,
cause of action or demand in law or equity against any person, firm, partnership or
corporation not a party to these Orders, for any liability arising from, ar related to the
subject matter of these Orders.
VIII. OTHER APPLICABLE LAWS
All actions required to be taken pursuant to these Orders shall be undertaken in
accordance with the requirements of all applicable local, state and federal laws and
regulations. These Orders do not waive or compromise the applicability and
enforcement of any other statutes or regulations applicable to Satellite Community.
IX. MODIFICATIONS
These Orders may be modified by agreement of the parties hereto. Modifications shall
be in writing and shall be effective on the date entered in the journal of the Director of
Ohio EPA.
X. NOTICE
All documents required to be submitted by Satellite Community pursuant to these
Orders shall be addressed to:
Ohio EPA
Central District Office
Division of Surface Water
50 West Town Street
P.O. Box 1049
Columbus, Ohio 43216-1049
or to such persons and addresses as may hereafter be otherwise specified in writing by
Ohio EPA.
XI. RESERVATION OF RIGHTS
Ohio EPA reserves the right to seek legal andlor equitable relief to enforce the terms
and conditions of these Orders, including penalties against Satellite Community for
noncompliance with these Orders.
Except as provided herein, Satellite Community reserves any rights it may have to raise
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any legal or equitable defense in any action brought by Ohio EPA, including but not
limited to an action to enforce the terms and conditions of these Orders and that the
Ohio EPA does not have the right to take the actions that the Ohio EPA has reserved
herein.
Ohio EPA reserves the right to take any action against Satellite Community, including
but not limited to (a} an action for civil or administrative penalties for matters not
specifically addressed by these Orders, (b} an action to challenge/enforce the Phased
Schedule, and (c} an action contemplated by Order 3.
XII. WAIVER
In order to resolve disputed claims, without admission of fact, law, violation or liability,
Satellite Community consents to the issuance of these Orders and agrees to comply
with these Orders.
Satellite Community hereby waives the right to appeal the issuance, terms and
conditions, and service of these Orders, and Satellite Community hereby waives any
and all rights it may have to seek administrative or judicial review of these Orders either
in law or equity.
Notwithstanding the preceding, Ohio EPA and Satellite Community agree that if these
Orders are appealed by any other party to the Environmental Review Appeals
Commission, or any court, Satellite Community retains the right to intervene and
participate in such appeal. In such an event, Satellite Community shall continue to
comply with these Orders notwithstanding such appeal and intervention unless these
Orders are stayed, vacated or modified.
Ohio EPA and Satellite Community each reserve all rights, privileges and causes of
action, except as specifically waived in Section XII of these Orders.
XIII. EFFECTIVE DATE
The effective date of these Orders is the date these Orders are entered into the Ohio
EPA Director's journal.
XIV. SIGNATORY AUTHORITY
Each undersigned representative of a party to these Orders certifies that he or
she is fully authorized to enter into these Orders and to legally bind such party to these
Orders.
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Village/City of Director's Final Findings and Orders
Page 13 of 13
IT IS SO ORDERED AND AGREED:
Ohio Environmental Protection Agency
Chris Korleski
Director
Date
IT IS SO AGREED:
City (Village} of _
By
Date
Print Name
Title
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