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REGULAR MEETING JUNE 28, 2010 <br /> <br /> <br /> <br />stated that the City is pledging $10 million dollars from Economic Development Income <br />Tax (EDIT) funds over the next four years to support economic development-related <br />investment in the long-term control plan. Mayor Luecke stated that they will seek federal <br />grants whenever they can. He noted that the bills mentioned tonight were bills for water, <br />trash and sewer not just sewer bills. Mayor Luecke thanked the Council for their <br />consideration on this bill to keep basements clean and help with sewer overflows. He <br />asked the Council for their favorable recommendation. <br /> <br /> <br />Councilmember Varner stated that he wanted to see the mandate from the EPA. He <br />advised that the Mayor handed out two letters in the Council Informal Meeting this <br />evening from Mr. Fredric P. Andes and Mr. Thomas W. Easterly, Commissioner, Indiana <br />Department of Environmental Management. Council Member Varner stated that he <br />would like them both entered into the record: <br /> <br />March 22, 2010 <br /> <br />Mr. Jack Dillon <br />Director <br />City of South Bend <br />Division of Environmental Services <br />3113 Riverside Dr. <br />South Bend, IN 46628 <br /> <br />Re: Funding of CSO Long Term Control Plan Projects <br /> <br />Dear Jack: <br /> <br />This letter is to outline the importance of ensuring that the City’s planned CSO Long <br />Term Control Plan (LTCP) projects are fully funded. As you know, the City is currently <br />negotiating with the U.S. Environmental Protection Agency (EPA) and the U.S. <br />Department of Justice (DOJ) over development of the City’s LTCP, as well as a federal <br />Consent Decree that will incorporate the LTCP. <br /> <br />The current draft LTCP includes a number of Phase 1 projects that the City has already <br />committed to completing, including CSOnet, sewer separation, and upgrades at the <br />wastewater treatment plant. In addition, the City is negotiating the scope of Phase 2 <br />projects, which are currently estimated to cost over $300,000,000 in capital expenditures, <br />plus annual operation and maintenance costs of over $39,000,000. These projects, while <br />expensive, will allow the City to achieve a level of CSO control that will protect human <br />health and the environment, and bring the City into compliance with Clean Water Act <br />requirements. <br /> <br />Once, the City and agencies reach agreement on a final LTCP, including both Phase 1 <br />and Phase 2 projects, both the Consent Decree and the City’s National Pollutant <br />Discharge Elimination System NPDES) permit will contain enforceable milestones that <br />the City must achieve as it implements the LTCP. Failure to provide sufficient funding <br />for those projects could prevent the City from achieving its milestones, and could subject <br />the City to both state and federal enforcement actions, which carry civil penalties of up to <br />$37,500 per day per violation. Knowing violations which could include a deliberate <br />decision by city officials not to adequately fund LTCP obligations could result in <br />criminal charges being brought against the responsible officials, and carry penalties of up <br />to $50,000 per day and up to 3 years in prison. <br /> <br />Please let us know if you have any questions concerning the City’s obligation to fund its <br />CSO LTCP commitments. <br /> <br />Sincerely, <br /> <br />Fredric P. Andres <br /> <br /> 12 <br /> <br />