2022-38 - Authorize consent secree with US Dept. of Justice

Home Browse Search

Referred to COW 9/19/22 Baker, Bullock, Kepple, Litten, RESOLUTION NO. 2022-38 BY: Marx, Rader, Shachner A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor to enter into a consent decree with the US Department of Justice. WHEREAS, by Resolution No. 9060-19 on February 19, 2019, Lakewood City Council adopted the Integrated Wet Weather Improvement Plan to guide the implementation of sewer improvements in Lakewood in a cost-effective manner; and WHEREAS, the Lakewood IWWIP was one of the first Clean Water Act Integrated Plans in the country completed pursuant to Section 402(s) of the Clean Water Act, to comprehensively set forth the technical and financial analyses, public input in a plan with a detailed sequence of proj ects; and WHEREAS, since at least 2009 the US EPA and the US Department of Justice have remained in close oversight of Lakewood's extensive efforts to fully investigate and model its unique sewer system, Lakewood's ongoing improvements and continuous maintenance, and development of its IWWIP; and WHEREAS, US EPA's and DOJ maintain a policy of pursing a federal consent decree for any sewer remedial plan that is longer than a single year or costs more than $1 million; and WHEREAS, the Lakewood IWWIP provides a detailed, cost-effective improvement plan to further compliance with the Clean Water Act; and WHEREAS, the federal agencies, the Ohio EPA and Ohio Attorney General's office and the City of Lakewood have remained in continuous dialogue regarding the implementation of the plan and the scope of a consent decree that is consistent with Lakewood's approved IWWIP; and WHEREAS, the City of Lakewood can obtain greater litigation protection and resolution of alleged ongoing violations for overflows that could accumulate multiple tens of millions of dollars by entering a consent decree and paying a civil penalty; and WHEREAS, the Department of Justice has given pre -approval to the draft consent decree, with appendices; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the city of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal departments in order to obtain litigation protection and resolution of ongoing violations; now, therefore.