HomeMy WebLinkAboutMinutes-10/19/2015COUNCIL WORK SESSION
October 19, 2015
4:20 p.m.
Harold E. Getty Council Chambers
Members present: Jones, Schmitt (arrived after roll call), Lind, Morrissey, Welper, and Hart.
Absent: Cole.
Moved by Welper, seconded by Morrissey that the Agenda, as proposed, be approved. Ayes:
Five. Motion carried.
Consent Decree
John Hall, Attorney representing the City of Waterloo, reviewed the proposed consent decree
with the United States of America, The State of Iowa and the City of Waterloo. He reported that
it is a very fair decree negotiated with the Environmental Protection Agency (EPA). The major
items in the decree include more flexibility in running the Waste Water Treatment plant to
determine the -flows, allowing use of assets and equipment, which previously had not been
allowed, to avoid overflows. The City will not be fined in the event of a flood so long as the
system is properly maintained The penalty requiring payment is $272,000 but half of the
penalty can be given back to the City by the State for a project related to the collection system.
The City will not pay a fine or stipulated penalty for two years. Projects outlined in the consent
decree are being prioritized. The consent decree includes an early termination provision if the
City can prove it has completed enough of the projects. The City was given 15 years to complete
the provisions of the consent decree. It is hoped that the footing drain program and other projects
will allow the City to terminate early. He then reviewed the terms of the consent decree.
Once the consent decree is approved by Council, there will be a public comment period, and then
a check with be sent to the EPA.
Mr. Lindquestioned why the attorney stated in 2014 that the City would have a very difficult
time complying with the consent decree. Mr. Hall explained that he was referring to the original
decree submitted by the EPA. Mr. Lind then questioned the language in an appendix within the
decree. Mr. Hall explained that the language clarifies that the special project being approved by
the State cannot be something that is already required to do as part of the consent decree.
Mr. Morrissey questioned what is involved in the publicparticipation portion. Mr. Hall explained
that the public will have 30 days to object to the decree. The judge will then look at those
objection's and pass or fail the decree. The federal register is ,where the EPA will publish the
consent decree notice and they may ask the City to publish something in the paper as well. Mr.
Morrissey then asked where the rainfall limits came from. Mr. Hall explained that the Illinois
State Climatological Center assessed 100 years of rainfall data. The data is through 2012.
Jim Walsh, Attorney, noted that for 30 years the collection system has not been maintained to the
level it needed to. He pointed out that the system needs to be kept up and this is the best deal the
City can get.
Mr. Jones explained that the City did end up with a good deal and the City needs to execute the
points of the agreement.
Mayor Clark commended the staff for the work done on this consent decree.
John Hall explainedthat the city has put in place a good plan with a good outline that will help
insure this process proceeds as smoothly as possible.
With no further business before the Council, it was moved by Hart, seconded by Schmitt that the
meeting be adjourned at 5:05 p.m. Ayes: Six. Motion carried.
Suzy Schar s, CMC
City Clerk/Human Resource Director