8794-15 Establish pilot program to remove clean water from sanitary sewer

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FIRST'READ 2/17/15.2ND READING 3/2/15. RESOLUTIONNO. 8794 -15 BY. Anderson, Bullock, Juris, Madigan, Marx, O'Leary. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest pe- riod allowed by law, establishing a pilot program in western Lakewood to remove clean water sources from the City's sanitary sewer system in the furtherance of the City's permitting under the Ohio Environmental Protection Agency; authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance and/or the Purchasing Manager to enter into contracts for professional services for the pilot program, and to advertise for bids and enter into contracts for the purchase of repair, maintenance and operating supplies, services and equipment for the pilot program as authorized by the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law in an amount not to exceed $900,000.00; declaring a nuisance; and identifying resident payment options under the pilot program. WHEREAS, the City of Lakewood was issued a renewal of the Ohio Environmental Pro- tection Agency (Ohio EPA) NPDES Permit dated September 1, 2014 that requires the develop- ment of a plan to reduce and eliminate sewage discharges to the environment; and WHEREAS, to timely meet its legal requirements, the City is undertaking a pilot study to remove clean water sources from the City's sanitary sewer system as one of the measures critical to the evaluation and development of an integrated plan; and WHEREAS, the City strategically chose specific properties within the area bordered by Hilliard Road, Atkins Avenue, Eldred Avenue and Delaware Avenue in western Lakewood to undertake the pilot study; and WHEREAS, the City of Lakewood, in order to properly evaluate the effectiveness of re- moving clean water sources on private property within the compliance schedule contained in the Ohio EPA NPDES Permit conditions, has determined the use of public funds, partially to be re- imbursed to the City by the pilot project participants, to be in the best interests of the public; and WHEREAS, Chapter 913 of the Codified Ordinances prohibits persons from discharging sewage, industrial waste or other waste into the City's wastewater disposal system contrary to the provisions of that chapter, federal or state pretreatment requirements, or any order of Coun- cil; and WHEREAS, Chapter 913 of the Code prohibits persons from discharging or causing to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, un- contaminated cooling water or unpolluted industrial process waters to any sanitary sewer, and contemplates that doing so constitutes a public nuisance; and