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®CITY OF SOUTH BEND ! OFFICE OF THE CLERK Before that there were deadlines every six (6) months to a year, but at the moment, we can work on this renegotiation while remaining in compliance, which is key. We don't want to go in there having broken the law, we want to have a good reputation. At the moment, it is easy enough to comply because we have very little infrastructure to build, we just basically have some reporting obligations. The next deadline isn't for three (3) or four(4) years. Mr. Horvath stated, Having said that,we're going to be pushed hard to have something before the end of this year. That's important because we don't want to be negotiating this during election time because things get crazy, and we also don't want to be negotiating it under a new Administration, because then you start all over again. You'll most likely have a new regional Administrator and then you have to reeducate somebody else on this whole thing. We're going to push for that, and we'll have to see if it's moving along well enough to see if we get to the point where we're going to have an agreement, or whether we think that they're pushing us to a point we're not willing to go and we'll have to file a lawsuit and go to court, and try to let the courts work it out. That, of course, is not the ideal position to be in because who knows where it will end up. It may not go in our favor. There have been cases where courts have pushed back on cities,but we have to be willing to do that if we feel strongly that we have a strong plan that makes sense, and they're not going for it for whatever reason. Committee Chair Teshka asked, And if we get to that point where we are in litigation, those deadlines remain, right? We would still have to be in compliance with the original LTCP? Mr. Horvath stated, They would probably be willing to do a stay during that period of honest negotiations,but at some point those things might be off if it breaks down. Committee Chair Teshka asked, So we're kind of in this period where we don't have any deadlines to meet? Speaking with a resident recently who is concerned that we weren't doing any work on this in terms of the last project, I'm not sure, and again I wanted to bring it up to you guys and ask, was the East Bank separator completed in this? Mr. Horvath answered, Yes, late 2017. There are projects that are required in the LTCP, and there are also ones that benefit what we are trying to do here that give us additional benefits beyond just reducing the amount of combined sewage in the system like adding longevity to the sewers and doing improvements to the plant that need to be done. We've continued to do a lot of that work. We just finished a $15 million clarifier project that needed to be done. We're doing a lot of work on the treatment plant that dates back thirty (30) years that hasn't been updated and needs to be done because it's going to break if we don't. We've also been lining the sewers,and when we have projects,for example,this next phase of Western from Dundee to Falcon, we're putting permeable pavers in to try to take some of that load off the system and we also separated the sewers because we already have the street torn up. We put a new sewer in that can handle the storms along with permeable pavers. East Bank was the last one (1) on the list of"have to dos" but a lot of these projects have benefitted where we are and continue to benefit where we are, and that's what we'll continue to do,the things we have to do anyway. The Western Avenue sewers are probably ninety (90) years old at least, and so they are going to have problems pretty soon. Committee Chair Teshka asked, And the lining on the sewers gives us fifty(50)more years? Mr. Horvath stated,Yes, fifty(50) years at least, it gives you full integrity of the system. EXCELLENCE ACCOUNTABILITY I INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend.Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 www.southbendin.gov 11