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Legislation #: 100280 Introduction Date: 4/1/2010
Type: Ordinance Effective Date: 4/25/2010
Sponsor: COUNCILMEMBER MARCASON AND COUNCILMEMBER RILEY
Title: Authorizing the City Manager to execute a consent decree with the United States of America to settle alleged violations of the federal Clean Water Act and provide for a 25-year implementation schedule for the City’s Overflow Control Plan.

Legislation History
DateMinutesDescription
4/1/2010 Filed by the Clerk's office
4/1/2010 Referred to Transportation and Infrastructure Committee
4/8/2010 Hold On Agenda (4/15/2010)
4/15/2010 Advance and Do Pass, Debate
4/15/2010 Passed

View Attachments
FileTypeSizeDescription
100280.pdf Authenticated 66K AUTHENTICATED
KCMO OCP Federal Consent Decree and Exhibits.pdf Advertise Notice 7106K agreement
Advertise Notice 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100280
100280 fact sheet.docx Advertise Notice 19K fact sheet

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ORDINANCE NO. 100280

 

Authorizing the City Manager to execute a consent decree with the United States of America to settle alleged violations of the federal Clean Water Act and provide for a 25-year implementation schedule for the City’s Overflow Control Plan.

 

WHEREAS, the United States Department of Justice, as counsel for the Environmental Protection Agency, alleges that the City has violated the federal Clean Water Act and, as a result of these violations, is requiring the City to implement an Overflow Control Plan (“OCP”) which reduces the sewer overflows; and

 

WHEREAS, the federal government and the City have been negotiating a consent decree which would resolve the alleged Clean Water Act violations and provide, among other things, for (1) an implementation schedule for the City’s OCP and (2) a civil penalty and supplemental environmental project to resolve the alleged violations; and

 

WHEREAS, during these negotiations, the Council’s priorities for a twenty-five year schedule, multiple opportunities to pilot and integrate green solutions throughout the OCP, a reasonable civil penalty, and an OCP that reflects our community’s priorities have been achieved; and

 

WHEREAS, tentative agreement has been reached between the City’s negotiating team and the federal government which requires that the City execute the proposed consent decree to allow the consent decree to be forwarded to the appropriate official with the Department of Justice for review and approval; and

 

WHEREAS, the City Council is prepared to authorize execution of the proposed consent decree with its twenty-five year time frame for implementation of the OCP required therein; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Council authorizes the City Manager, on behalf of Kansas City, to execute the proposed consent decree with a twenty-five year schedule to implement the final sewer Overflow Control Plan and which resolves alleged violations of the federal Clean Water Act.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Cecilia O’Connor Abbott

Assistant City Attorney