22-89 Resolution
RECORD OF RESOLUTIONS
.
National Graphics Corp., Cots., o. ':!'1~~}~1 n~ril~lb Form No. 6233-A
Hesolutioll No, 22-89 Passed a ~ ~. .. n. .h.~..h~19h ~~.~
A RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN
AGREED CONSENT ORDER, ON
BEHALF OF THE CITY OF DUBLIN,
WITH THE ATTORNEY GENERAL OF
OHIO, REGARDING DUBLIN PUMP
STATION OVERFLOWS
WHEREAS, the pump station operated by the City of Dublin has been
subject to overflows in the past; and,
WHEREAS, the City of Dublin has and continues to make improvements and
corrections to said pump station and its sewer system in an attempt to
eliminate any future overflows; and,
WHEREAS, the City Law Director and its special counsel have reached an
agreement with the Ohio Attorney General as to the terms and provisions
of a consent order resolving all issues relating to the above-referenced
overflows:
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, all of the elective members concurring that the City
Manager is hereby authorized to execute the consent order between
the City of Dublin and the Ohio Attorney General, a copy of which is
attached hereto and incorporated herein.
Passed this 11th day of September 1989.
,
, f)JrP.~
V~c.t Mayor - Presiding Officer
. ',hereby cer,tif: that CO!l:p.s of this Ordinance/Resolution were posted in th,
At t est. City of Dubl:n rn accordance with seer on 731 2S I th Ill' R . .
· . 0 e 10 eVlsed Code.
J~~A ~1 ~
~ Clerk of Counci', Dublin, Ohio
~ 7?}. Zf'c-/~ ..,..;.u."
Clerk of Counci"l
I, Frances M. Urban ~ Clerk of Council, hereby certify that t~e
foregoing is a true copy of~K!fftIe/ResollJ't;on No. _~~-8~_
duly ado~ted by the (ouncil of the Cita~f Dub!:n, Ohio, on the 11 th
d f eptember 19
ay 0 , .
..h/J"'/.I'4 ~.~
l\r.,,.,.,..., .......f ..;.~ ..,i.J'. ' / Clerk.f Counci , Dublin, Ohio
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
STATE OF OHIO, ex rel : CASE NO.
ANTHONY J. CELEBREZZE, JR. :
ATTORNEY GENERAL OF OHIO : JUDGE _ -
.
.
Plaintiff, :
.
.
V5. .
.
.
.
CITY OF DUBLIN . c.oNSE~'t OBOeR
.
.
Defendant. :
The Complaint in the above-captioned matt6r having been
filed herein, and the Plaintiff State of Ohio by its Attorney
Genecal Anthony J. Celebre~~e, Jr. (hereinafter ".Plaiutiff")
and Defendant City of Dublin (hereinafter ftDublin") htlving
consented to the entry of this Order,
NOW THEREFORE, without tri61 of any i!sue of fact or lawr
and upon consent of the parties hereto, ~ to. is heroby ORDERED:
ADJUDGED AND DECREED bS follows:
1. JUTHSD!C'UQN P,..ND Y.E.NJ1E
1. The Court has jurisdiction ever th~ parties ~nd the
subject matter of this ca8~. the Complaint states e cl~im upcn
which relief can Le granted bgainst Defendant under Chapter
6111 of the Ohio Revised Code. end venue i5 proper in this
Court.
II. PARTIES
2. The provisions of this Co~sent Order shall apply 80d
be binding upon the parties to this action, their agents,
officers, employees, 8ssigns, successors in interest and any
person acting in concert or privity with any of them.
Defendant Dublin shall provide a copy of this Consent Order to
each contractor it employs to perform work itemized h~~rein, and
each generul contractor shall provide 8 copy of this Consent
Order to each of its subcontractors for such work.
1 I 1. SAI.l&AcnOlt OF LAWSUIT
., Plaintiff alleges in its Complair..t tha.t r:'cfe.r:d~nt has
-' . allowed numerou~ overflows of waterborne raw sewage from its
pump station located off High Street between Shorl Street 6nd
Kilrrer Pl~~e (he""e"~"'e" D"o'in f\'(f'P -tetio") in violation of
.... 0',,0..1.. '.....!.. I.....~ ~ . L~
the water pollution lo...J~ of the State of Ohio. [:,t'"~ W 1 i ;: has
never been issued a Netlon~l pollutant Discharge Elimination
System permit to euthorite this discharge, Notwithstanding the
above, nothin~ contained herein ~hell be deemed an adniBsion by
Defendent as to the ~11e9vtions set forth in the Comp:aint or
en admlssion by Defendant that viol~tian~ of the ebcve-citEld
laws have occurred. Compliance wi:h the term~ of thi~; Consent
- 2 -
Order shall constitute full satisfaction of any civil liability
by Defendant for all claims under s~ch laws alleged in the
Complaint. Nothinq in this Or~er shall be construed to limit
the authority of the State of Ohio to seek relief for claims or
conditions not alleged in the Complaint, including violations
which occur after the filinQ of the Complaint.
IV. PERMANENT I t'lJllliCT I C1N
4 . Defendant Dublin is hereby enjoined end ordered to
immediately comply with the requirements of Chapter 6111 of the
Ohio Revised Code and the terms and conditions of the rules and
regulations adopted under that Chapter. Dublin shall
immediately eliminate ~11 overflows from its p'.lmp station end
force main 6ystem. Dublin is hereby enjoined to properly
operate and lnaintain its force main and pump st!tion and any
~s~oci~ted equip~ent an6 struc'tt.1:-\j9~
v. SJ.:H.EDJJ.LLQF IM.eRQY-.EM.ENrS
5. DefenU6nt Dublil1 i1.'9 enjoined and ordered tl) €~lii[dnet2
discharges from overflows ~nd bypasses from It~ sanitary SSWS!
system; to complete con~t[uction of the improvements to its
~anitary sewer system des~ribed in the Permit to Install
application submitted to Ohio EPA on April 12, 1989, lInd to
undertake further evaluations and imr[oveme~ts to its ~ewerage
system, in accordance with the followin9 schedule:
- 3 -
MILE S 'f..Q.1iE CQMPI..f;TION QA1'E
(a) Completion of construction
facilities sufficient to
ensure the elimination
of bypasses and overflows, Complete
(b) Installation of flew meeasuring
equipment at the pump station Complete
(c) Submit report to OhioEPA
pursuant to Paragraphs Ila
aI1d c below. December 15, 1989
(d) Submit to OhioEPA. for its review
and approval, an approvable Best
Management Plan for the operation
of the Dublin pump station pursuant
to Paragraph lIb. beloH Decembet.' 15,1989
(e) Submit to OhioEPA, for its review
and approval, ~pprovable detail
plans forimprovemantB to the
Dublin ~~mp station sufficient to
ensure that the pump station does
not constitute an odor nuisance
pursuant to Paragraph 13 below Decerr:ber 15, 1989
-
(() Submit general plan pU~5~6nt to
Paragraph 12 below. Jcnuary l.1990
Within seven days fro~-n each comple.tiNt date U-::tec. above,
Defendant D~blin shall s u brd t a written report, 6t~t1ng whether
or not Dublin has performed the action set forth therein, to
Ohio EPA's Central District Office.
Thiti Cunsent Order does not constitute authoriration or
app~oval of the ~cnztruction of any physical s~ructurB or
facilities, or the modification of any exi~ting E~wer ~Y5tem,
Approval for ~ny suer. construction or modification shall be by
'to issued by Ohio EPA or other such permits !IS m8Y be
perml_
requirec by applicable federal, state, or local 1 a ','is , ru leg e,r
regulations.
- 4 -
VI. ClVn.J PENALTY
6. Defendant Dublin sh~ll pay to the State of Ohio 8 civil
penalty of seventy-five thousand dollars ($75,000.00). The
penalty shall be paid by delivering to counsel for Plaintiff a
certified check, payable to the order of <<Treasurer, St~te of
Ohio" within thirti (30) days of the entry of this Order.
VII. ~OTIP~CATION~~~ ~OGS
7. Dublin shall notify OhioEPA Central District Office at
544-2055 during weekdays from 7:00 a.m. to 5:00 p.m., and
OhioEPA at 1-800-282-9379 during other times, and Columbus,
Divi&lon of Water within one (1) hour upon discovery of pump
5tation overflows. Dublin shall tollow-up in writing within
seven (7) days o~ an overflow with e detailed description of
the cause of overflew, length of time of overflow, c~~t imate6
<~n,')i.lnt of ':: v 8 r f l 01-/ , d!:d ccrrective action3 t~ke~. 'This letter
shall be sent to OhioEPA, Centrsl ~ictrict Office.
7e.. Within one ( 1) hour Of di~covery of a f'Uin~ station
overflow, Dublin 5hall provide notico to the public of such
release by insuring thBt radio and televi~ion &tations are
provided with the notice set forth below and requeste1 to
i~nediately broadcast such notice:
Raw sewage has been dischar~ed to the
Scioto River frem an overflowin9 pump
station owned by the City of Dublin. The
pump station is located adjacent to the
Scioto between Short Street an~ Karrer
Place in Dublin. The overflow occurred
- 5 -
at.._ I on ~ ,an estimated
gallons of raw sewage was
discharged to the Scioto River.
Direct body contact, including waterskiing,
wading and fishing, with the Scioto River,
in the area south of the State Route 161
bridge and north of Griggs Dam may result
in exposure to this raw sewage and may
potentially result in adverse health effects.
e. Dublin shall inspect the sewage pump station daily to
ensure proper operation of the pump station. A written log
shall be kept of all inspections. This log shall include such
items as: a) date and time of inspection and individual
performing inspection, b) operating status of pumps, (sound
or vibration indicating whether pumps are op&Isting, en'l
unusual sound from the pumps) c) evidence of Qverflowsi(any
overflow occurring at the time of inspection or evidence of
occurrance of overflows since previous inspection), d) odors
detected upon inspection of the pump 5tation, including welking
~ntirely around the pump station, (distance and diI9ction froffi
pump station and strength of odors), e) maintenance and repeir
work performed on the pump station since last inspection, f)
Any observations of unusual conditions. Dublin shall obtain
and operate 8 cain gauge within the City limlt~ and Bhall
maintain 8 daily lOQ of precipitation.
SA. When OhioEPA has approved a b65t management plan for
the operation of the Dublin pump station, Dublin shall comply
with the inspection and log requirements established in the
approved best management plan in lieu of the provisions set
forth in paragraph 8 abo....e.
- 6 -
VI!I. MONITORING
g. Dublin shall monitor the Scioto River for fecal
coliform, total kjeldahl nitrogen, ammon!.::, nitrate, nitrite,
tot~l suspended solids. BODS' COD and pho6phorus at three
sampling locations downstream of the pump scation overflow and
one sampling location upstream of the pump station overflow.
The samplir.g locations shall be approved by OhioEPA. Sampling
shall be conducted three tiIT.cS per week on non-consecutive
days. Sampling shall corrnr.ence upon the occurrence of e.ach
overflow from the pump station. Such sampling shall continue
until an entire weekly series of semplin; ha~ been completed
"Without th~ intervening occurrence of any (urth&f 0verflow frc~
th~ pump station.
10. c ~ . ~.nd Z!n&h'a€~ Shall be in acccrdance Hith EPA
...ampllng a~r{cved methc~ologies a lid r '?G tll t ~ t g 1 ephO!1Gi.'!. L.1 Oh i ":'1 t. PA
if"iilediately upcn receipt. A copy of 19b results shall be
mailed to OhicEFA within thrQ~ days of reGe1pt of lJ.7D results.
IX. Rf;FORIlH.{i
1l. On or before December 15! 1989, [;I.jblin ehfll1 i3 \.l om i t 3
report to OhioEPA; Central District Office. The repo~t sh~ll
include:
a. COl'relation of flow monitoring data, overflows, and
precipitation events, and capacity of existing force
mains under Scioto River and current available
capacity of exi6ting Columbus gravity sewer on e&~t
side of Scioto River.
- 7 -
b. A Best Management Plan (BMP) for the operation of the
pump station. The BMP shall deteil how the pump
station will be operated with regar~ to operation and
maintenance, routine inspections, alarm system
operation, and testing of the alarm system end back-up
systems. The BMP shall include schedules for
maintenance 8n~ inspections, a description of the
maintenance activities to be performed, and provide
for documentation, by 1091 of the maintenance and
inspections.
c. Future plans and measures to prevent overflows before
completion of the Upper Scioto West Branch
Interceptor.
12. Dublin shall prepare and submit to the OhioEPA Central
District Office an approvable general plan for the installation
of a permanent disposal ayatem to serve the area secve~ by the
Dublin pump station. This permanent di5posal system shall be
adequate to dispnse of all present raw sewage flow tritutary to
the Dublin pump station and shall be d~si9ned t~ ~deQ~~~tely
dispose of future flow. In ~dditiont the general plan shell
include a description of tasks to be performed as well es a
schedule for the completion cf said tasks.
13. Dublin shall prepare and submit to the OhioEPA a
report and detail plans for improvements to the pump utaticn to
ensure that the pump station and its operation ~oes not emit
odors or vapors sufficient to constitute a public nuisance.
This report shall include a schedule fer implementatiQn of the
improv6ments in the Oetail plans. The improvements to the pump
station to eliminate the odor nuisance shall be installed in
accordance with the schedule as approved.
- 8 -
----
X. STIPULATED PENALTIES
-
14. !n the eVent that Defendant Dublin fails to riieet ani"
of the require~ents of this Consent Order set iorth ,in sub-
paragraphs 5(8), 5(b), ~(c) 5(d) and Paragraph 7 through 13,
including any scheduled milestone requirement, the Defendant
shall ilmnediately and automatically b~ liable for and shall pay
a stipulated penalty according to the following payment
schedule. For each day of each failure to meet e requirement,
up to thirty (30) days - Two Hundred Fifty Do118r5 (~:250. 00)
per day. For each day of each f&ilure to meet 8 req~irement.
from thi r ty-or.e (31 ) to sixtr days (60) - Five Hundred Dollars
($500.00) per day. Fo rei5ch day of Belch E ail urt: to l'\i€.et a
I~<]uirement, fcom sixty.-one (61 ) to ninety (90) daya -. One
Thousand Two Hundred and Fifty Dollars ($1,250.00) per day.
F')r each doy of each failure to r:l~et '3 ~'eq'.l i rer::.e;i t J f r orr.
I~ i. l"iety-one (91) to one hundred and tw~nty (120) d3YS - One
Thcusend Seven Hundr~d and Fifty Dollars (11:1 7r:.o Pf,\ per d;;iy.
"."....., -i.,J. "" v ,-
For each day of each failure to meet a :r-equirement, oval' one
hundred twenty (120) days -Three Thousand Five Hundred Dollars
($3,500.00) per day.
15. In the event that Defendant Dublin fbil~ tt..) mast any
of the requirements of this Consent Order ::set forth in
Paragraph ~, the Defendant ahall imrrrediateiy and automatically
be liable for payment of a stipulated penalty of $1,500.00 per
day of violation of any such requirement Which violaticn oc~urs
- 9 -
on or before December 31, 1989. In the event that Defendant
Dublin fails to meet any of the requirements of this Consent
Order set forth in Paragraph 4, after December 31, 1989,
Defendant shall immediately and automatically be liable for
payment of a stipulated penalty of $3,000.00 per day of
violation of any such requirem~nt.
16. Any payment required to be made under the provisions
Of Paragraphs 14 or 15 of this Order shall he m!de by
delivering to Plaintiff's counsel a certified check or checks
for the appropriate amounts, within forty-five (45) days from
the date of the failure tc meet the requirement of the Consent
Orde r , made payable to "Treasurer, State of Ohio".
XI. .EQ.TEHllAL F:ORCE l1AJ.EJ.iRE
17. In any sction to enforce any of the provisions of this
Consent Order Defendant DUblin may raise at that time the
question of whether it is entitled to a defcnse that its
cor-duct was ca~sed by reo~ons entirely beyond its co~trol suCh
es, by way of example and not limit./ltion, act of God, unuslHllly
severe weather conditions, strikes, acts of war or civil
di.sturbances. While Plaintiff does not agree that such 6
defense exists, it is, howeve r , hereby agree~ upon by the
parties that it is premature at this time to raise and
adjudicate the exi9tence of such a defense and that the
appropriate point at which to adjudicate the existence of suCh
a defense is at the time that an enforcement action, if any, is
- 10 -
cor:unenced. At that time, the burden of proving thet any delay
was or will be caused by circumstances entirely beyond the
control of Dublin shall rest with Dublin. Unanticipated or
increased costs associated with the implementation of any
action required by this Consent Order, or changed financial
circumstances shall not constitute circumstaoces entirely
beyond the control of Dublin. Acceptance of this Consent Order
without a force majeure clause doas not constitute a waiver by
Defendant of any rights or defenses it may have under
applicable law.
XII. ReTEtfI.1UN OF_,JjJR! SD I CT 10~
18. 'I-he Court- will retain jurisdiction of this action fer
the purpose of making any order or decree which it deems
~pproprint~ to ~arry out this Consent Or~er.
',l'P:R.!.'l1I NATION
13. The provision~ of this Consent Order set forth in
Section X, paragraphs l~ and 15, r~quirin9 th~ payment of
stipulat~d penalties may be terminated 8fter -Pefendent Dublin
h~s completed all construction, improvements, and submissions
require~ under. Sections V and IX and h&s maintained compliance
with all of the provisions of this order for a period of two
years following completion of all construction required
pursuant to this Order and has paid all penalties required.
Termination shall be by order of this Court, upon motion o~
either party, upon a finding that all requirements of this
Order have been met.
- 11 -
XIII. CPSTS
20. Defendant Dublin is hereby ordered to pay the costs of
this action.
21. This Consent Order does not limit or affect the rights
of Dublin or the Plaintiff against third parties, nor dOGS it
affect the rights of third parties. This Consent Order is made
solely between the parties hereto, and nothing contained herein
shall be construed to grant any substantive benefit to any
third per50n not a party heleto.
--.. . --.
JUDGE, COURT OF CO:1.MOH PLEAS
APPROVED:
STATE Of' OHIO, ex re 1 .
ANTHONY J. CELEBREZZE, JR.
ATTORNEY GENERAL OF OHIO
BY:
-- -
~~RGAReT A. MALONE STEPHEN J. SMITH
KAREN S. CLEVELAND 5354 Cemetary Road
Assistant Attorneys General P.O. Box 7
30 East Broad Street Hilliard, OH 43026-0007
Columbus, Ohio 43266-0410
Au~t~
the City of Dublin
6006E
- 12 -