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11-11-13 Common Council Meeting Minutes
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11-11-13 Common Council Meeting Minutes
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City Council - City Clerk
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Council Mtg Minutes
City Counci - Date
11/11/2013
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REGULAR MEETING NOVEMBER 11, 2013 <br /> consent decree and actually adjust the plan. This slide outlines those three options to potential <br /> change the plan. The first option is a potential extension of the schedule of the plan. The plan <br /> has a 20 year implementation; there is an opportunity to potentially extend that schedule up to <br /> five years. There are a couple of constraints that have to happen before you can apply for an <br /> extension. So the extension can be applied for after May, 2017; a total of almost$99 million <br /> dollars needs to be spent on the plan already and financial conditions have to get worse and <br /> there's an indicator a residential indicator that looks at the cost of the plan in comparison to <br /> median household income. Currently, that residential indicator is at 2.41% and would have to <br /> increase by 0.2%, so financial conditions would have to get worse. The second way to <br /> potentially change the plan in a consent decree is changing either the size or configuration of the <br /> facilities in the plan. There are two opportunities before December 31, 2020 to do that. Before <br /> we would apply for a change in the technical plan we would have to implement green design or <br /> CSOnet project improve that those project reduce the flow to these new facilities so that we can <br /> reduce the size of these new facilities; if we can reduce the size of these facilities up to a <br /> maximum of 40%. In order to even apply for this you have to plan the green infrastructure CSO <br /> net design it, construct it and then have a period of where you monitor the performance of it and <br /> then put together a case to make the modification. Those two options are options that are built <br /> into the consent decree so you would have to work and get approval from the parties that signed <br /> the consent decree which are the Department of Justice, EPA and IDEM. This third and last <br /> option is basically requesting that the entire consent decree be reopened. This would have to go <br /> through a federal court or a judge to change the plan. So there aren't any restrictions it's just <br /> going back and trying to open up the consent decree or the contract. Basically, what we know <br /> from experience is that you have to prove that your new plan is better for the environment than <br /> your old plan and you have to show good faith in implementing the plan that you have. So those <br /> are the three ways. <br /> Councilmember Oliver Davis: In you experience in the State of Indiana any cities who's under <br /> these consent decrees or any like this or any kind of decree, have they filed for any type of <br /> extension, under any other categories and what has been their success rate in being able to file <br /> for any of these things? <br /> Becky Schaefer: Sure, so for Option#1 extending the schedule, Elkhart has the same language <br /> in their consent decree but they have not extended the schedule, they have not yet applied for that <br /> extension. South Bend is the only community that I am aware of that has option#2 or has the <br /> flexibility to change tank sizes or configurations. A lot of people think that clause is very <br /> attractive in their consent decree. For Option#3 re-opening the consent decree, yes, I am aware <br /> of one other community that has done that and it took several years but it was successful. The <br /> reason it was successful was that they showed more environmental benefit facts. <br /> Councilmember Oliver Davis: On your third issue the city that was successful are there any kind <br /> of best practices that they learned in that kind of a case that we could adapt in our case that we <br /> could look at re-opening it based on some of the lessons that they learned on how to re-open <br /> theirs in order to meet the guidelines to get everything accomplished which would in effect <br /> possible reduce some of the cost. <br /> Becky Schaefer: Yes, I think that the#1 lesson learned was that EPA looks at the environmental <br /> benefit and just applying for the cost reduction is not going be a factor to them. <br /> Councilmember Oliver Davis; I understand that, are there any written documents that could be <br /> forwarded from that? Do you know what city that was? <br /> Becky Schaefer: Indianapolis. <br /> Councilmember Oliver Davis: Is there any information that we can have, some key things that <br /> we can look at to add to ours? <br /> Becky Schaefer: I am not aware of something that summarizes that. I am sure it could be pulled <br /> together. <br /> Councilmember Dr. David Varner: It's on their website, the City of Indianapolis. <br />
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