338-10 TO: Julius Ciaccia DATE: November 12, 2010 Executive Director FROM: Marlene Sundheimer RE: Authorization to Amend Director of Law Resolution No. 55-05 and Xu Execute CSO LTCP Consent Decree CSO Consent Decree iefing Document Authorization Request The District is seeking authorization to amend Resolution No. 55-05 adopted on March 3, 2005, to modify the schedule for implementation of the District’s Combined Sewer Overflow (CSO) Long Term Control Plan (LTCP) and authorize the Executive Director to execute the proposed Summary Substantial agreement has been reached between the District’s negotiating team and the state and federal governments on the substantive terms and conditions of the CSO consent decree. The District must execute the proposed consent decree to allow it to be forwarded to the appropriate officials with the Department of Justice (DOJ), the Ohio Attorney General's Office (OAG), and US and Ohio Environmental Protection Agencies (EPA) for review and approval. The Executive Director believes itis in the best interest of the District and its rate payers to adopt the negotiated $3.0 billion CSO LTCP with a 25-year schedule and to authorize him to execute the proposed consent decree to resolve alleged violations of the Clean Water Act and implement the proposed plan, Project Clean Lake. The United States, the State of Ohio, and the District recognize that this consent decree has been negotiated in good faith and will avoid prolonged and complicated litigation among the parties, and that this consent decree is fair, reasonable, and in the public interest. ‘The District initiated the consent decree negotiation process in January 2004 shortly after its originally proposed LTCP had been submitted to Ohio EPA pursuant to the terms of the Figure 1- Cost Comparison of Esealated Original CSO LITCP and Negotiated Agreement 1[PageDistrict's CSO permit. The original plan was a $1.6 billion program (200288) with a 30-year schedule. By 2009, when the parties reached agreement on final program costs, the cost of the District's original proposed plan had escalated to $2.7 billion (2009SS), as illustrated in Figure 1 Negotiated additions to the original plan brought the overall program cost to $3.0 billion (200988). Pre-Consent Decree Investment The District has invested over $2.0 billion in facilities and collection system improvements since 1972, and has spent over $850 million to reduce CSO discharges by nearly 50%. In addition to the LTCP capital costs, the hhas expended approximately $45.1 million for engineering consultants, financial advisors, attorneys, and other experts to develop the CSO LTCP and negotiations toward a consent decree, This figure includes the cost of litigation over appropriate technologies to employ in the Westerly CSOTF case and the §308 Requests for additional water quality sampling, The costs can be broken down into over $40 million spent in the development phase in the first 10-year period and more than $5 million in the negotiation phase over the past 6 ‘years resulting in the negotiated CSO LTCP and consent decree. Between 1972 and 2006, the District constructed the Northwest Interceptor, Cuyahoga Valley Interceptor, Southwest Interceptor and Heights/Hilltop Interceptor. These interceptors have diverted approximately 1.65 billion gallons of sanitary flow out of the combined system directly to wastewater treatment plants. In addition, the District has taken incremental steps to reduce CSO discharges in compliance with the CSO Policy as follows: 1. The District completed a system-wide CSO Facilities Plan Phase I Study in 1994. 2. Pursuant to its CSO NPDES permit, the District submitted a CSO Operational Plan in 1998 which was approved by EPA in 1999. 3. In 1995 the District began developing its CSO LTCP, which is embodied in separate Facilities Plans for the Mill Creek, Westerly, Southerly, and Easterly sewersheds. Facility planning efforts included interceptor inspection and evaluation, extensive system investigation, mapping and flow monitoring during facilities planning, and sewer and stream modeling. 4, The District submitted for Ohio EPA approval the Mill Creek and Westerly Facilities Plans in 1999, and the Southerly and Easterly Facilities Plans in 2002. 5. In 2008 the District completed its studies of feasible alternatives to minimize wet weather bypasses at the Southerly and Easterly WWTPs. 6. Implementation of the District’s facilities plans has included rehabilitation and carly action projects in all three treatment plant service areas. ‘The early action projects have controlled approximately 480 million gallons of CSO. 7. The District has completed construction of the major portion of the Mill Creek Tunnel, Which is designed to reduce overflows to Mill Creek by over 500 million gallons per year. 8. The District has implemented appropriate and necessary rate increases to pay for these efforts by raising rates in 17 out of the last 20 years, in amounts varying from 4.5% to 22.2%, resulting in rate increases during this period of 350%.10. ‘Throughout the LTCP facilities planning process, the District has engaged in significant public outreach, including developing a website, producing brochures, communicating with the media, holding public meetings and participating in community events, coordinating beach testing with appropriate agencies, and implementing an overflow notification program. District staff has participated in a number of scientific studies aimed toward development of more rapid water quality testing methods and protocols. Key Elements of Project Clean Lake ‘The District’s negotiated CSO LTCP. now called Project Clean Lake, contains the following key components: 1 ve 3, 10. 3]Pa ‘A total program cost of $3 billion (200988) A 25-year implementation schedule ‘A finding that the District's combined capital plan expenditures, including non-CSO related capital costs, constitute a “high burden” on the District ratepayers as defined in US. EPA’s Combined Sewer Overflows Guidance for Financial Capability Assessment and Schedule Development, Based upon these estimated costs, the 25-year schedule is reasonable and appropriate. The plan will achieve a very high level of control: ‘a, 98.2% of flows in the combined sewer system generated during storm events will be captured for treatment b. 97% capture achieved in first 20 years; areas with predominately low-income and minority households will be addressed in the first 20 years ¢. 2or less overflows in a typical year from priority outfalls in the Easterly district d. 2 or less overflows in a typical year from all priority outfalls in the Westerly district except one, which will be treated through CE HRT and disinfection facilities and result in 3 or less untreated overflows in a typical year e. 3 or less overflows in a typical year from priority outfalls in the Southerly district A minimum of $42 million in green infrastructure projects capturing an additional 44 MG of combined sewer flows, with the option to replace proposed future traditional “gray” infrastructure with additional “green” infrastructure (“green-for-gray”) §2 million civil penalty plus Supplemental Environmental Projects which will partially offset payment of cash penalties for past overflows Easterly WWTP secondary treatment capacity will be expanded from 300 MGD to 400 MGD, with additional 400 MGD Chemically Enhanced High-Rate Treatment (CE HRT) facility for treatment and disinfection of CSO 001 Southerly WWTP secondary capacity will be expanded from 400 MGD to 615 MGD, plus CE HRT and disinfection for an additional 125 MGD of wet weather flows Existing Westerly CSOTF will be upgraded with CE HRT and disinfection, with two additional quads to provide a wet-weather treatment rate of 411 MGD Maintaining originally planned diameters for 6 of 7 major storage tunnels, and construction of CE-HRT rather than ballasted flocculation facilities, will save cost and significantly reduce the program’s carbon footprint by avoiding greenhouse gas emissions associated with more energy-intensive technologies.Negotiation History Economic Impact Negotiations One the most challenging issues the negotiating team faced during the negotiations was the determination of the financial burden the Districts Capital Improvement Plan placed upon District ratepayers. The team spent several years debating the relative means of measuring the District's customers’ ability to pay the cost of implementing the program within the agreed schedule. In 2005, the District completed a Financial Capability Assessment based upon U.S. EPA’s “Combined Sewer Overflows — Guidance for Financial Capability Assessment and Schedule Development” (February 1997), and concluded that the proposed $1.6 billion plan in 200288 with a 30-year schedule imposed a “high burden” on the District when non-CSO and local costs were factored into the analysis. ‘The Department of Justice’s financial expert asserted a year later that the proposed plan imposed a “medium burden” on the District and recommended an 8 tol2-year schedule. The parties traded expert opinions into 2009 when the parties agreed that the cost of implementing the CSO control measures at $2,996,000,000 in 2009SS, in combination with the additional $2,251,000,000 in non-CSO related capital costs contained in the District’s Capital Improvement Plan, constituted a “high burden” on District ratepayers as defined in the “Guidance for Financial Capability Assessment and Schedule Development.” Furthermore, based on these estimated costs, the parties agreed that the 25-year schedule for implementing the CSO Control Measures set forth in the consent decree was a reasonable and appropriate schedule based on the likelihood that the Distriet’s ratepayers will incur a substantial finaneial impact. US EPA Referral to Department of Justice Triggers Enforcement Action [As a delegated state, Ohio EPA is the permitting authority in Ohio and is authorized to review and approve LTCPs. It was the Distriet’s intent to negotiate a State-only consent decree, much like the one the City of Columbus, Ohio had negotiated. In July 2003, following submission of the District’s LTCP to Ohio EPA, US EPA Region 5 sent a “Completeness Review” of the LTCP to OEPA in which it raised several substantive issues with the District's original plan, including that the plan did not eliminate flows to sensitive areas, there was no capture and disinfection of wet weather flows at Westerly CSOTF, and that the 30-year schedule was too long, Regular meetings and discussions between OEPA and the District on the LTCP took place throughout 2004, but broke down when Ohio EPA indicated concer about the 30-year schedule, At the time, US EPA Region 5 referred the matter to the US Department of Justice to evaluate commencement of a federal enforcement action against the District. It appeared to the District that the federal enforcement agencies were preparing to sue the District to enforce compliance with their interpretation of CSO policy. In 2005, the Board approved the $1.6 billion LTCP with a 30-year schedule. The Board determined it was in the best interest of the District to move forward with the proposed LTCP and further authorized the Executive Director and then General Counsel to proceed to take all actions necessary to implement the schedule and to amend the schedule, as needed, for the effective and efficient implementation of the program. (See Resolution No. 55-05, March 2005 attached). After authorization of the LTCP by the Board, US EPA Region 5 became increasingly 4|Pageengaged in challenging the legal sufficiency of the District's proposed plan, and Ohio EPA decided to defer to US EPA Region 5. To be clear, neither the FPA nor the Ohio EPA has commenced litigation against the District alleging violations of the Clean Water Act; rather, the District has been engaged in enforcement action negotiations with the US Department of Justice, the Ohio Attorney General’s Office (OAG), and the US and Ohio Environmental Protection Agencies to resolve a threatened enforcement action without litigation, ‘These proceedings are legal actions where the threat of litigation is imminent. As such, the details of the District's negotiating strategy have been presented to Board members in executive session. The discussion of litigation matters, either pending or threatened, is an exception to the Open Meetings Act that requires public bodies in Ohio to conduct all official business in open meetings that the public may attend and observe. Information and discussions regarding negotiations of the LTCP and consent decree terms have been protected from public disclosure as attorney-client privileged communications pursuant to Revised Code §102.03(B) which says public officials must not disclose or use any information acquired in the course of official duties that is confidential because of statutory provisions or that has been clearly designated as confidential. National CSO Policy Under the National CSO Policy, CSOs are addressed in Long Term Control Plans which are made enforceable through their inclusion in either permits or enforcement orders (administrative or judicial). ‘The policy calls for LTCPs with schedules longer than five years to be placed under judicial orders or consent decrees, The Clean Water Act (CWA) provides for dual enforcement authority between US and Ohio EPA, and either or both, may enter into settlement negotiations or terminate such negotiations and file a lawsuit at anytime, upon notice to the other parties. The District has not been sued by the United States or State of Ohio: however, since the matter was referred to the Department of Justice by US EPA Region 5 in November 2003, the Ohio ‘Attorney General’s Office and attorneys from US EPA Region 5 and the Justice Department have been actively engaged in negotiations along with the technical representatives from the two governments. CSO Enforcement Actions in Ohio In 2004, the US and Ohio EPAs entered into a Memorandum of Agreement (MOA) regarding CSO enforcement actions in the State of Ohio. Through the MOA, the agencies agreed which Ohio community dischargers would have their CSO enforcement actions resolved through State only consent decrees, through NPDES permits, or through federal enforcement actions that Would result in Federal consent decrees. They also determined which of the two agencies would take the lead in the respective actions. The National CSO Policy provided the baseline for all enforcement actions and compliance agreements reached under the MOA to ensure consistent application of the policy no matter which agency had the lead. The lead agency was responsible for making technical, policy or legal decisions concerning issues pertinent to the LTCP, negotiations, litigation, and issues regarding civil penalties. Under the MOA, the District was determined to be a community in which both the Federal and State governments would share the lead. Consequently, both the US DOJ and the OAG's Office have been involved in the negotiations, along with representatives from US and Ohio EPA. sirWesterly CSO Treatment Facility Permit to Install Denial & §308 Request for Water Quality Sampling The road leading to the proposed negotiated settlement has not been without litigation. In October 2005, the District filed a mandamus action in Common Pleas Court to compel Ohio EPA to issue a decision on the District's application for a permit to install (PTI) for the Westerly CSO Treatment Facility (CSOTF) project. Ohio EPA also denied WPCLF funding until the LTCP was approved. Ohio EPA eventually denied the PTI, and the District appealed the decision to the Ohio snmental Review Appeals Commission, Oral arguments were made in August 2007, but there has been no ruling and the matter is still pending. In January 2007, the Department of Justice sued the District in US District Court to enforce a §308 Request for water quality sampling. A settlement was reached in that action in April 2007 which included a more limited sampling requirement, a cash payment, and a Supplemental Environmental Project in lieu of penalty. In addition, since 2002, Ohio EPA has taken no action on applications to renew the District's treatment plant permits. The District's NPDES permits continue to be in “administratively continued” status since their respective expiration dates. The Consent Decree The consent decree embodies the settlement that has been negotiated with the federal and state governments, and it resolves all alleged violations relating to CSOs. The Distriet’s negotiating team has worked cooperatively and positively with the governments to address CSOs, and it believes that the collaborative process resulted in the right CSO control plan for the District by allowing the District to incorporate significant green solutions into the plan and to substitute green infrastructure in place of the traditional gray where it can be demonstrated to be feasible and cost effective. We are very appreciative that the EPA and Justice Department have allowed the District to incorporate its priorities into the process. ‘After the draft consent decree is approved by the District and EPA, and signed by all parties, it will be “lodged” ot filed with the US District Court. Concurrently, EPA and Ohio EPA will file a joint complaint with the court. ‘The consent decree will be published in the Federal Register for public review and comment for a period of 30 days. After the comment period, the Court will review public comments, consider any potential changes, and finally approve the consent decree. All allegations contained in the complaint will be fully resolved by the Court’s approval of the consent decree, including payment of civil penalties, without admission of liability by the District for any of the alleged violations. ‘The District's proposed consent decree contains several key compliance requirements: Achieve and maintain full compliance with NPDES permits Remaining CSOs will comply with CSO permit Elimination of bypasses at Easterly, Westerly, and Southerly WWTPs Remaining bypasses will comply with NPDES permits Take all actions to achieve deliverables approved by EPA yee 6\P6. Timely application and approval of all permits 7. Implement Nine Minimum Controls 8. Construction and implementation of CSO control measures within approved schedules 9. Post-construction Monitoring 10, Reporting requirements 11, Approval and implementation of chemically-enhanced high rate treatment pilot projects 12. Initial green infrastructure component of CSO control measures 13. Revisions of control measures to incorporate green for gray 14. Achievement of Performance Criteria 15, Payment of civil penalties and completion of Supplemental Environmental Projects Cost Escalation Impacts of Negotiations The current negotiation team has been actively pursuing an agreement and resolution in order to avoid additional program escalation costs. As illustrated in Figure 2 below, the delays in arriving at a negotiated agreement have cost the District $588M in program escalation costs on the original $1.68 CSO LTCP and $53M in escalation costs on the Cost Refinements over the last seven years. Figure 2 -Cost Comparison of Original CSO LTCP and Negotiated LTCP 400 = ] su $3500 i jee 3,000 = 2 a sa y $200 200 | al Program Costs (SSM) - - | waciionsortrecvsts Pant Bosses Bue a cont Rtnenerte ovgnalcsourer enero? tS towdOnCSOLED OigaCSOLK Goverments este "Dn0iS) Apes ter NGOOTSS) GOU55S) Popo Agearent ce toss) “asoss). While the 2010 negotiated agreement includes additional requests made by the Governments, it is significantly lower than the $3.7B proposal made by the Governments in 2009 as depicted in Figure 2. The concessions made during negotiations to achieve a slightly higher level of control in priority areas, along with wet-weather treatment at the plants, added $331M to the overall costs of the program, bringing the total negotiated program value to $3.0 billion in 200988. Impact on Rate Payers: Figure 3 below illustrates that the annual rate increases from 2012 to 2016 are currently estimated to average 13% in order to support the Districts capital program and T|Pageoperations and maintenance, including the negotiated $3.0 billion CSO LTCP program over the next 25 years. The average annual increase is currently projected at 5.7% thereafter for the next 20 years. ‘The District has been able to reduce the average rate increase for 2012-2016 by restructuring its debt and refining its cash flow to actual bid amounts as opposed to planning estimates. A 2012-2016 rate study is anticipated to be completed in December 2010 and detailed discussions with the Board on future rate increases will take place following rate study completion. Figure 3 - Negotiated CSO LTCP Projected Impact on Rates (25-years) ngatiste Proposed Pan tte mpect ith verge Mort Bi saeaco sc suzoce smo § ony son = = 000 noo 00 aagsef2S888S82828R 88982888 ZHGRRERERRR SRSA RR RRR ERER sme totehresses- —Womtiyat amount What if the Board Rejects the Settlement and EPA Sues the District? Should the Board elect this option, the Board should expect that the EPA and the Ohio EPA will commence litigation in the Federal courts. As with any litigation, the outcome will be uncertain, However, it is reasonable to anticipate that the EPA and Ohio EPA’s starting point, or “floor,” for any litigation effort would now be the worst-case offer, or “ceiling.” that they placed on the table during negotiations and could include the following: Level of Control (system): Easterly: 0 overflows for all SST & DVT controlled CSOs and <2 overflows @ remaining priority CSOs; Southerly: <2 overflows @ priority CSOs; Westerly: 0 overflows @ priority CSOs Level of Control (Plants): Easterly: 0 bypass events; 8|PageSoutherly: 1 bypass event receiving primary treatment and ballasted flocculation & UV disinfection Cost Range: $3.7B ($2009) CSO Program Schedule: 20 years Penalties: $2.8M+ ‘The key issue with this option is time. Even if the District were to prevail with the court and gain agreement to proceed with the original CSO LTCP ($2.7B in 200988), engaging in a lawsuit with the FPA could add additional years and an escalation in costs to any program ultimately adopted by the District to resolve the lawsuit. Even the original CSO LTCP could end up costing more, depending on the timeframe of the settlement. If further delayed, the daily escalation costs of the CSO program could continue to escalate by an estimated $290,000 per day. In a worst case scenario, the District could be forced to implement the Governments most expensive proposed program ($3.7B) with escalation costs and potential additional penalties. Figure 4 below depicts the potential escalation for the range of program costs in five-year intervals. Figure 4 - Potential Future Escalation of CSO LTCP Costs os, $60 $50 | ——_— sso | Program Cost $30 $2718 $20 Gov't Proposed Program 19 |__| * District's Original LTCP $0.9} 2004 2009 2014 2019 2024 2028 2034 Impact on Rate Payers: Figure 5 below illustrates that the annual rate increases from 2012 to 2016 would need to average 16.2% in order to support the Districts capital program and operations and maintenance, which includes the implementation of the government's proposed CSO LTCP of $3.7 billion over the next 20 years. The average annual increase will be 6.2% thereafter for the next 15 years. The proposed plan will also have the greatest impact on the customer with the average monthly bill above the 2% median houschold income beginning in 2027. 9|P aFigure 5 - Government Proposed CSO LTCP Projected Impact on Rates (20-years) Government's Proposed Plan Rate Impact with Average Monthly Bill ‘Annual Rate Increases sme Rate Increases ——Monthly Bil Amount Attachments Resolution Request to Adopt 30-Year CSO LTCP (March 2, 2005) Resolution No. 55-05 adopted March 3, 2005 Minutes of March 3, 2005 Board meeting CSO CIP 25-Year Schedule and Project List CSO LTCP Consent Decree Comparison Chart APPROVED: ak Reel dies Julius Ciaccia, Jo Executive Director 9000 iso som + $unc0 10000 som scom na Axuoys 220044 = . Date uh 2) QO Jennifer L. Demmerle, Director of Finance 10|PageResolution Request to Adopt 30-Year CSO LTCP (March 2, 2005)SEITE Northeast Ohio Regional geo Sewer District To: Erwin J. Odeal DATE: — March 2, 2005 Executive Director, FROM: William B. Sef RE: Resolution Request General Counsel Please add a resolution on the agenda for the March 3, 2005, Board of Trustees meeting to approve the 30-year Combined Sewer Overflow (CSO) Long Term Control Plan (LTCP) implementation schedule. This resolution would authorize the Executive Director and General Counsel to proceed in accordance with that schedule and to take all actions necessary to implement the schedule, ‘The resolution will also authorize changes to the schedule as needed forthe effective and efficient implementation of the CSO LTCP program. Approved: ht pate: 3 Jo Erwin JfOdeal, Executive Director Pfoov? (Ge. —— pue:_ofoy F. Michael Bucci, Director of FinanceResolution No. 55-05 adopted March 3, 2005NORTHEAST OHIO REGIONAL SEWER DISTRICT RESOLUTION NO. 55-05 Authorizing and approving a 30-year Combined Sewer Overflow Long Term Control Plan implementation schedule for the District. WHEREAS, the District has reviewed alternatives for proceeding with the Combined Sewer Overflow Long Term Control Plan program; and WHEREAS, the District is desirous of a 30-year Combined Sewer Overflow Long Term Control Plan implementation schedule; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE NORTHEAST OHIO REGIONAL SEWER DISTRICT: Section 1. That this Board hereby determines it is in the District's best interest to approve a 30-year Combined Sewer Overflow Long Term Control Plan implementation schedule for the District Section 2. That this Board hereby authorizes and directs the Executive Director and the General Counsel to proceed in accordance with the Combined Sewer Overflow Long Term Control Plan schedule and to take all actions necessary to implement the schedule and to amend the schedule as needed for the effective and efficient implementation of the program.Section 3. That this Board declares that all formal actions of the Board concerning and relating to the adoption of this resolution and that all deliberations of the Board and any of its committees that resulted in said formal action were conducted in meetings open to the public and in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. ‘On motion of Mayor Longo, seconded by Mr. Brown, the foregoing resolution was unanimously adopted on March 3, 2005. \ RONALDO. SULIK, SECRETARY OF THe BOAROOF TRUSTEES Rondld D. Sulik aa Sesie NORTHEAST Gslo REGIONAL SEWER DISTRICT, OO. HEREBY CERTIFY THAT THE FOREGOING IS A TRUE, CORRECT Board of Trustees _ aoe {AND EXAGT COPY OF THE ONIGNAL Gr A RESOLUTION DULY Northeast Ohio Regional Sewer District AoopTeD By sap BOARD ON THE BE oAv or Maced ai aa slats uk SECRETARY, BOARD OF TRUSTEES NORTHEAST OIG REGIONAL SEWER DISTRICTMinutes of March 3, 2005 Board MeetingMINUTES NORTHEAST OHIO REGIONAL SEWER DISTRICT BOARD OF TRUSTEES MARCH 3, 2005 ‘The meeting of the Board of Trustees of the Northeast Ohio Regional Sewer District ‘was called to order at 12:30 P.M. on the above date by President Starr. A. Roll Call PRESENT: G. Boldt D. Brown 8. Kelly T. Longo G. Starr R. Sulik ABSENT: — M. Nelson ‘The Secretary informed the President a quorum was in attendance. Executive Director Odeal stated Mr. Nelson had a previous business commitment and was unable to attend today’s meeting William B. Schatz, General Counsel, stated the District received notice from the Suburban Council of Governments of the Northeast Ohio Regional Sewer District, advising that Mayor Thomas J. Longo was re-elected by the Suburban Council of Governments toa term as member of the Board of Trustees of the Northeast Ohio Regional Sewer District, commencing March 2, 2005 and ending March 1, 2010. Mr. Schatz then administered the Oath of Office to Mayor Longo. The Board members congratulated Mayor Longo on his reappointment.BOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 2 Executive Session Moved by Mr. Sulik and seconded by Mr. Brown that the Board meet in Executive Session to discuss personnel and litigation matters. Without objection CARRIED UNANIMOUSLY. Thereafter the Board met in Executive Session from 12:38 P-M. until 12:48 P.M. Working Session ‘The Secretary reported that the Board met in Working Session on this date beginning at 12:50 PM. The Board discussed in detail the items on the Working Session agenda. The ‘Working Session adjourned at 1:39 P.M., and the Business Session began at 1:40 P.M. D.___Approval of Minutes Item 1 - February vy, 2005 Moved by Mr. Boldt and seconded by Ms. Kelly that the Minutes of February 17, 2005, be approved as circulated. Without objection CARRIED UNANIMOUSLY. E,___ Major Projects L Southerly Improvement Program Item a - Authorizing the Executive Director to enter into a contract with Maleolm Pimie, Inc,, 1111 Superior Avenue, Suite 1010, Cleveland, Ohio 44114, for professional services in conjunction with the District's Southerly Wastewater Treatment Plant Comprehensive Facilities Plan. Cost: Not to exceed $4,624,998.00. Executive Director Odea! indicated it is necessary to provide professional services in conjunction with the District’s Southerly Wastewater Treatment Plant ComprehensiveBOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 3 Facilities Plan. MOTION - Moved by Mr. Brown and seconded by Mr. Boldt that the resolution be adopted. Without objection CARRIED UNANIMOUSLY. Resolution No. 43-05 2,___ Easterly Improvement Program Executive Director Odeal suggested the next four (4) resolutions be considered together. Without objection SO ORDERED. Item a - Authorizing and approving Easterly District Interceptor Service Agreement Contract EDISAC Change Order No. 5, Northeast Ohio Regional Sewer District Contract No. 3157. Cost: None; Time Extension. Executive Director Odeal stated it is necessary to extend the contract completion date by 210 consceutive calendar days from March 4, 2005 through September 30, 2005. Approval of this change order has been recommended by the District’s staff and by Brown and Caldwell, the consulting engineer. Item b - Authorizing and approving Easterly Contract FCR-1 Change Order No. 4, Northeast Ohio Regional Sewer Distriet Contract No. 3095. Cost: A decrease in the total contract price in an amount of $52,407.20. Executive Director Odeal explained Bid Item Nos. 3A, 3B, 3C, 4, 5, 6, 7, 12, 13, 16B and 22 were partially or totally non-performed, thereby entitling the District to a credit, Approval of this change order has been recommended by the District's staff. Item ¢ - Authorizing the taking of bids for improvements to the Easterly Wastewater ‘Treatment Plant - Contract BSM-1 (Boiler Replacements). Estimated cost: $3,100,000.00.BOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 4 Executive Director Odeal noted adoption of this resolution would authorize the taking of bids for improvements to the Easterly Wastewater Treatment Plant - Contract BSM-1 oiler Replacements). Upon receipt of bids, a recommendation will be made to the Board for award to the lowest, responsive, responsible bidder. Item d - Emergency resolution ratifying and approving the emergency purchase of boilers and related equipment for the Easterly Wastewater Treatment Plant service building and headworks boiler plants and authorizing payment for labor and material used in said emergency to Fulton Boiler Works, Inc., 3981 Port Street, Box 257, Pulaski, New York 13142. Cost: Not to exceed $668,950.00. Executive Director Odeal indicated an emergency exists in that it is necessary to immediately provide for the purchase of boilers and related equipment for the Easterly Wastewater Treatment Plant service building and headworks boiler plants. Fulton Boiler Works, Inc. will provide the necessary boilers and related equipment for a total amount of $668,950.00. i MOTION - Moved by Mr. Sulik and seconded by Mayor Longo that the foregoing four (4) resolutions be adopted. Without objection CARRIED UNANIMOUSLY. Resolution Nos. 44-05 through 47-05, respectively. Easements Item a - Authorizing the District to accept one (1) permanent easement (SEAP-8-2P) from the Village of Linndale necessary for construction of the Southerly CSO Early Action Sewer Project. Consideration: $1.00.BOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 5 Executive Director Odeal stated in order to implement the construction of the Southerly CSO Early Action Project it is necessary to obtain one permanent easement from the Village of Linndale. MOTION - Moved by Ms. Kelly and seconded by Mr. Boldt that the resolution be adopted. Without objection CARRIED UNANIMOUSLY. Resolution No. 48-05. Operations Executive Director Odeal suggested the next three (3) resolutions be considered together. Without objection SO ORDERED. Item 1 - Exercising the option to renew District Contract No. 3171 with JCI Jones Chemicals, Ine., for the purchase of sodium bisulfite solution for use at the Easterly, Southerly and Westerly Wastewater Treatment Plants. Cost: Not to exceed $110,000.00. Executive Director Odeal explained an option year is available on the existing contract with JCI Jones Chemicals, Inc., for the purchase of sodium bisulfite solution for use at the Easterly, Southerly and Westerly Wastewater Treatment Plants. The option year is favorable to the District, and the staff recommends the District renew Contract No. 3171. Item 2 - Awarding a contract to Valley Ford Truck Sales, Inc., $715 Canal Road, Cleveland, Ohio 44125, for the purchase of various motor vehicles (Items IV, V and VII), including trade-ins, for the District’s fleet. Cost: $135,296.00. Executive Director Odeal noted bids were received and opened on February 7, 2005. Sixteen (16) invitations to bid were distributed and three (3) bid packages were retumed. ‘Upon evaluation by the Operations Department it was determined the bid submitted byBOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 6 Valley Ford Truck Sales, Inc., was the lowest, responsive, responsible bid to meet specifications on Items IV, V and VIL. The Legal Department has determined the bid meets all legal requirements, and the District’s Equal Employment Opportunity Policy, Guidelines and Procedures. Item 3 - Awarding a contract to Montrose Ford, Inc., 3960 Medina Road, Akron, Ohio 44333, for the purchase of various motor vehicles (Items 1, Il, IIL, VI, IX, X and XD), including trade-ins, for the District’s fleet. Cost: Not to exceed $316,950.00. Executive Director Odeal indicated bids were received and opened on February 7, 2005. Sixteen (16) invitations to bid were distributed and three (3) bid packages were retamed, Upon evaluation by the Operations Department it was determined the bid submitted by Montrose Ford, Inc., was the lowest, responsive, responsible bid to meet specifications on Items I, Il, Il, VI, IX, X and XI. The Legal Department has determined the bid meets all legal requirements, and the District’s Equal Employment Opportunity Policy, Guidelines and Procedures. MOTION - Moved by Mayor Longo and seconded by Mr. Brown that the foregoing three (3) resolutions be adopted. Without objection CARRIED UNANIMOUSLY. Resolution Nos. 49-05 through 51-05, respectively. G. Administration Executive Director Odeal suggested the next three (3) resolutions be considered together. Without objection SO ORDERED. Item 1 - Ratifying and accepting the assignment of District Contract No. 2968 fromBOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 7 Chishoim-Mooney Insurance Agency to Chisholm & Associates Insurance Agency. Executive Director Odeal stated Chisholm & Associates Insurance Agency has requested that the District's contract with Chisholm-Mooney Insurance Agency be assigned to Chisholm & Associates Insurance Agency, under terms and conditions currently in effect. Item 2 - Authorizing the General Counsel to enter into a Settlement Agreement on behalf of the District to resolve all claims and actions related to Cuyahoga County Common Pleas Court Case No. CV-04-522388. Executive Director Odeal explained adoption of this resolution would authorize the General Counsel to enter into a settlement agreement on behalf of the District to resolve all claims and actions related to Cuyahoga County Common Pleas Court Case No. CV-04-522388. Item 3 - Amending Resolution No. 127-04, adopted April 15, 2004, by indicating the purchase of furniture and associated services for the George J. McMonagle Administration Building under the State of Ohio Cooperative Purchasing Program be transferred to American Interiors. Cost: Not to exceed $151,106.37. Executive Director Odeal noted Workspaces, Ine., is no longer the Knoll furniture Cleveland area local representative necessitating transfer of the remaining purchases to the new local representative, American Interiors. MOTION - Moved by Ms. Kelly and seconded by Mr. Boldt that the foregoing three 3) resolutions be adopted. Without objection CARRIED UNANIMOUSLY. Resolution Nos, 52-05 through 54-05, respectively.BOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 8 H.__ Other Matters as May Properly Come Before the Board of Trustees Item 1 - Authorizing and approving 2 30-year Combined Sewer Overflow Long Term Control Plan implementation schedule for the District. Executive Director Odeal stated that the District has completed all of the planning for the next phase of its Combined Sewer Overflow program. Past efforts on the program, at a cost of over $820,000,000, have been completed or are under eonstrution. The on-going effort will require another $1.6 billion in capital expenditures. He continued by stating that the District has done its Environmental Protection Agency (EPA) required cost impact studies, and based on the nature of the program and its impact on the District's customers as well as the practicality of building over 100 miles of tunnels and 65 separate construction projects, a 30-year construction schedule is necessary. The District has been meeting with ‘Ohio EPA (OEPA) over the course of the past year, but OEPA has refused to accept a schedule in excess of 20 years based on USEPA’s direction, He further stated there is no legal requirement in the Clean Water Act or under any regulations that requires adherence to 20-year schedule, It was his recommendation that the District move forward and adopt the 30-year implementation schedule and submit it to OEPA, and continue with the project work in accordance with that schedule. The Board was presented an add-on resolution requesting approval of the 30-year implementation schedule, with the schedule attached. Exccutive Director Odea! indicated that the Board has been involved in discussions regarding the program for several years, has been informed of the implications of several implementation options, and he offered to respond to any additional questions the Board may have.BOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 9 Mayor Starr questioned whether the CSO Program is an unfunded mandate from the federal government, and Executive Director Odeal answered in the affirmative. He stated that there is no federal grant funding, only a small amount of money is available ina subsidized loan program, and the federal administration plans to eliminate additional funding for that loan program in the future, He noted that the official position by the Assistant Administrator for Water is that if wastewater utilities had water conservation, asset ‘management programs, and what they call “full-cost pricing,” we would then have no infrastructure problems in this country. It appears that the Federal government believes that the users ought to pay the costs of these infrastructure programs, and the federal government is not going to provide financial assistance. Mayor Start questioned whether there will be a noticeable water quality change from this program, Executive Director Odeal stated that we have already seen substantial water quality improvement, and this program will continue that improvement. He noted that it took about 100 years to get to the condition that Lake Erie and the Cuyahoga River were in when. the Clean Water Act was first passed, and so this will be a long-term program to address CSOs. He noted that EPA is going to have to follow through on other types of pollution, such as atmospheric deposition of pollutants and stormwater. Executive Director Odeal recognized that the program is a long-term effort, but there has been improvement in the number of days when the public can swim at Edgewater Park without bacterial problems, and it is anticipated the same thing will happen as a number of our neighbors, such as Lakewood and Euclid, implement programs similar to the District's.BOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 10 Mr, Brown commented that this is a subject that has been discussed for several years in fegard to affordability and the ability of our ratepayers to pay. He noted that we also must Took at the fact that other older cities in the region, including Columbus, Cincinnati, Dayton, Toledo and Detroit, have similar requirements and all will simultaneously be having construction programs underway, which raises the question of contractor availability. This problem is in addition that a compacted program would be very disruptive to the community in terms of having multiple projects underway in the same neighborhoods. He continued that the program is something that we are required to do, and the District has a long and proud history of environmental stewardship and compliance, and while this is an uphill battle for the District, Mr. Brown stated that this was the most prudent course of action, that itis responsive to what we should be doing while also being sensitive to our ratepayers. The challenge will be to demonstrate to the federal government why it is that this service area ‘ought to be treated differently than others, and Mr. Brown concluded that there are a number of facts to support our position. ‘Mayor Longo discussed the Mill Creek Interceptor project and the realities of doing ‘construction within the inner ring of Greater Cleveland suburbs. He indicated that he had just, attended a meeting with the Metroparks Board about the expansion of the towpath trail from ‘the waterfall, which is in the Miles/Broadway area, down to Canal Road. He noted that we would not have had that conversation had the District not removed the overflow near the Mill Creek falls, thereby improving water quality in Mill Creek. Mayor Longo noted a similar improvement occurred with the Flats area that will occur with the CSO project along theBOARD OF TRUSTEES Regular Meeting March 3, 2005 Page II Lakeftont. The District’s history has been a very proactive one, its decisions have been based upon history and practical experience, and Mayor Longo emphasized that the District is taking a very proactive and reasonable approach to this tnfunded mandate. Mayor Starr acknowledged General Counsel William B. Schatz for his leadership in pursuing the 30-year program to benefit the Northeast Ohio area and the communities we serve, He stated that the District will also continue to lobby the U.S. Congress for grant money for these types of projects. Mayor Starr indicated he had personally been in contact with Senator Voinovich, former Mayor of Cleveland, who is very attentive to the Northeast Ohio area, and he has promised to look seriously at the issue of funding. Mr. Schatz stated that the District will continue its efforts to find additional sourees of funding. He emphasized that some in the industry truly believe that there will ultimately be a federal infrastructure funding program, as the large cities in this country simply cannot afford to remedy the infrastructure problems that we have, or respond to these mandates without some assistance from the federal government. Mr. Schatz indicated the District will continue its efforts, both nationaly and with the State of Ohio, to make sure that we are doing our best for our ratepayers. Mr. Boldt stated that he totally supports the 30-year schedule resolution, particularly because of the fact that EPA, whether federal or state, has a way of changing the benchmarks, which could cause delays that the extended schedule could accommodate. Mr, Brown stated that he encourages and supports the continuing effort of the District, in pursuing the federal government's restoration of the grants program. The District'sBOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 12 program is necessary program but still creates a significant hardship on ratepayers of the system, and for the District to do its due diligence, the District should continue to push and advocate for the restoration of the grants program. Mayor Starr stated he agreed with Mr. Brown. MOTION - Moved by Mayor Longo and seconded by Mr. Brown that the resolution be added and adopted. Without objection CARRIED UNANIMOUSLY. Resolution No. 55-05. Item 2 - Resolution of acknowledgment and appreciation to Kenneth A. Pew in recognition of his contribution to the Northeast Ohio Regional Sewer District and his outstanding leadership as Deputy Executive Director of the Northeast Ohio Regional Sewer District. i President Starr stated that the resolution is a worthy distinction and acknowledgment on behalf of the Board to Mr. Pew for his accomplishments at the District. Mr. Pew introduced his wife, and commented that this Board meeting was an appropriate last board meeting for him, as it shows the integrity of the organization, the passion of the staff, their dedication, and their expertise, and that is why he has stayed all these years. Mr. Pew commented that the District is a wonderful organization full of ‘wonderful people, and it has done some fantastic things for the metropolitan Cleveland area. Mayor Starr continued, on behalf of the Board, to thank Mr. Pew for his years at the District. Mayor Starr noted that Mr. Pew has been an instrumental part of the District's success and all the local, regional and national awards the District has received.BOARD OF TRUSTEES Regular Meeting March 3, 2005 Page 13 MOTION - Moved by Mayor Longo and seconded by Mr. Sulik that the resolution be added and adopted. Without objection CARRIED UNANIMOUSLY. Resolution No. 56-05. Stated business having been concluded, President Starr adjourned the Business Meeting at 2:16 P.M. The next Regular Meeting is scheduled for March 17, 2005, with the Business Session beginning at 12:30 P.M. Ronald D. Sulik, Board of Trustees Northeast Ohio Regional Sewer District Gary W. Starr, Presi Board of Trustees Northeast Ohio Regionaf Sewer DistrictCSO CIP 25-Year Schedule and Project ListT C8025 Year Overview T Data Date SMa PSS ClP Projects 7254 rJerOGA 20Jor-95 ‘iP Combined Sewer Overtiow Contiol Program (CSO) 7254 O1-Jan08A 20 lon 36 TlP.cso Westerly SE Soy oo rt 00 080 tty ‘iP C50 Wester CSOTF_Expansion Bre ceWie Zodanzs$202.550079 a 22. 080 Wty CSOTE_exsnscn WESTERLY CSOTF EXPANSION B16 caw 22Jen25 $250,560079 is nesters cso exransion Wistery Main CSO Storage Tunnel (WST-1 (A) srs oes Z2Jen25 $214.323014 EY 72a 25, Vesey Main CSO Stra Ture (STI) A) ‘Scranton Road Tunnel Leg (WST-2} (8) 4485 17-Nov-20 11-Dee-24 $32,967,000 TN 11-Dec-24,Seonton Rood Tarra Leg WST-2) (8) Westerty Tunnel Denatering Pump Station (C) 732 17-0819 etul24 — $90.995,30] NY 14-24, Woven Tunnel Dewcierrg Pump Sistn(C) Wiade Avenue Connector) 820 21-Deo21 1eMa-28 $3,360,700 10 ar 24, Wed Avenue Connocte (0) Low Level interceptor Rolo System (©) 1185 23-0ct2121-Deca4 $10,804.05] 202 Lo Levert lt Str (6) ‘iP CSO Wester Mice Projects 5410 06-196 Apr28 $13,007,600] rao te p28, GP 50 str isc Pros Wistery Distt Mite Projects. S419 OBun-19 OF Apr.28 $13 .007,00) O8-Ap:28, Westy Ds Mise Prose Mar Steet Pump Station Upgrade (8) 1429 Ob-un-12OSMay-17 $5,090.58 tay 1, mary Sir Prt Sion Unrade () Columbus Road Storage Tank (8) 49 OF-May-14 osDects —_$2.38957| $0018, Colbus Rose Storage Tar (8) ‘West 3d SQultey Parallel Storage System (C) 705 2BFen20 OVFeD22 — s2at047| nm 0-06-22, West rd SUG Parallel Soran’ Syste (C) Center street storage Tank ©) 813 15-08021 1Suin-24 81,3240 RD 15-24, Contr Soot Storage Tank) ‘Wiest Third Steet Storage Tank) 982 06-0022 14Ave25 —_$662182 Sar 14-Aug-25, Wat Tid Stoo Stooge Tonk) Jeerson Avene Separation (F) 650 18,un25 cE-Aer28 S600 842 ‘SUEEREIEY 0.426, eferson Avenue Separation (F) {iP C50 Westerly Pant Projects 1825 OY-hu2 aout £36222,000 $$$ 2.0m, iP 080 were Pant Project (¢80.002 441 MOD CERTB. 4826 OfchaiS Sock $50 329,09 RN 9018, CSO 411 NGO CE-RTE CIP CSO Easter CEE sa. ‘IP C50 Esstory Eucla Creek Tunnel System Zoe OrdandeA Tears $050455557 1Ape16, CIP 050 Easter Eels Creek Tunnel System ECT: Euclid Crek Storage Tune! 2578 01-Jan-08 A O5iar15 $257,978501 Ob Mart9, ECT Euckd Creek Storage Tune! veld Creek Pump Station 1508 OS Jun-1115JuG18 $0770 93] SONNE 45-Ju-'5, Eck Creek Pump Staion Lakeshore Nottingham Reg Rebet 1284 06-Apr-12 12Sep18 $1914.48) ‘SSeS 12.S00-15, Lakeshore /Ntingha Fe /Rele Lakeshore Boulevard Rellot Sewer 1021 Nuts 1BARI6 —$11.304.566) ORY 15-18, Lakcshore Bovleverd Rel Senet ‘IP C80 Exstry Doan Tunnel System 2100 20-Aug-15 25Avg21 — $157,123406 25-Aug21, CI CSO Esetry Doan Tunnel Syston ‘oan Valley Storage Tunnel 2190 26-Aug-15 2sAve2 3122922751 NY 255.21, Oca Val Straps Turrel ‘Doan Valley Regulators Relet 1259 3002017 O6un2i $34,201,164 ASSN C521, Doan Valoy Regusors | Raat {iP CSO Esetory Dugway Tunnel System 4306 10S0pD8A C1-Oct-20 $201,541 679p—ene ny 9, CP ESC Easiy Dug Tul Sys DEIRS: Dugway East Intorcoptor Reet {884 10-S0p-084 S1-Dec12 $21,964. 206REEERNRY 51-D2>-12, OEIRS. Dugway East nrcopte Reet Dugiay West laresphr Rela DR ZVECE I Bland? $81 144 16 12 ar 17 Dug Wes rercestr Rett Dugway Storage Tunnel zr mass ot-oce20 $177 486 64 I 01-05-20 Dugway Soave Terie Dugway Regulators Relet 4258 26Apr-17 2eSqp20 sans 26] SN 2-520, Duguay Results / Reet ‘iP C50 Easterly Shoreline Tunnel System 2905 13WH19 1527 $271.851.057 00 80 ty shore Tanna ier paises Sousa Aree Tal eae eT NNN 35-27, Shoreline Strape Mea Tunnel ‘Shoreline Conaliation m2e2 ‘720160028 $96748.74) NY 16.O ct 2, Soren Consoldation EastoriDowntown Regulators Refit $288 1228 1008028 814721.617 SERENE 19.08.28 Easter Dountoun_ Regulators Rat ‘iP C0 Easterly Mize Projects 5002 12Aug08A TOdan-3s $288 610414 ss FED; Fate East Bank -Phase 2 864 12AUGOEA OENow1D $10,587 240pSN0V-10, FED Flt Eas ark Ps 2 + . [ETDPS: Easterly Tunnel Dewatering Pump Staton 1800 oF.AproaA o5Junt8 $214.012622 05-416. ETDS: Easter Tul Dating Pup Saton [NMES: Nine Mite Electeal Substation ATS 14-Now09A 2eaMac12 erase 2 2 NES, Nie Mie Elecical Substaton Fats East Bank -Phaso 3 386 04-03-10 24-0ce11 $1,205,000 24-Oct 1, Fist East Sark Prase 3 (aaphicr niin Hie sah pera Serato et nee APOE 11-Ms-1, Supetior Avenue Pup Stafon Upgrade Sarics Lavoe Pig Sa Ua eee acer ‘SaaS 20-7, Stone Lovee Pune Saton Uparade ‘Canal Road In-Line Storage TTT 1SApeI6 S0May 18 $5,378 009 SRN 20-18, Canal Rod Irie Soage East 5th Relief Sewer 1112 0BFeb30 25FeDss_$9642,7%4 23 Feb 38, East Sn Flood Control & System Enhancement 1889 17-Now29 19Jen35 $11,649,409 SY “5 ‘IP C50 Eastorly Plant Projects 22 OF 10 Ron s@ 69914786 so cP 80 a Ps [ESSE 400 MCD Sustained Secondary Capscty Improver’ 1905 O1-ULIOA tSuarie $85,641,000 {E:sivi8 ESI 400 NID Sissi Secondary Capaciy mpovements (€50.001 a0 MGD Cheenicaly Enanced Retartion Tres 1826 01-AK43 | Stchuni8 $1858 760 SE 30.018, (50-001 400 GO Chaicaly Enhance Relerten Treatment Basin CE-RTE +4otn Consolidation snd Relet Sewer 2040 1BNov14 TBur-20 $43,760,561 105720, 1400n Consolation ane Rel Sewer London Road Rei! Sewer 1217 2aaay-18 22Sep-19 — $21615,70e a 27-500-19, Lond ca Re! Sener rg ee a eer rd acl cee 1253 26FeD17 o%Au.20 827019 69 SNES 04-40-20, Hayden Regultr Improvements and Rel Sewer Ivanhoe Regulators Rliot 219 20May-18 24Aup-20 — $9,724600 NNR 24-20, Krhog Regulator Rll <= Primary Baseline (= Remaining Work O_O Baseline Milestone FW Summary Page Tof2 T WEN Act Work EIEN Ctical Remaining Werk @ © @ Milestone (© Primavera Syetems Ine©8025 Year Overview CIP C50 Southerly ‘IP C80 Southerly Big Creek Tunnel System sfo0 OF Oct 24 Big Greek Tunnel (BCT-1) 514 o1-0ct24 ‘Big Creek Tunnet(8CT.2) poe 1306-28 [BCSO-t JenningtRidgeview'Stekney Const 29 2800-26 ‘Big Crock Tue! (BCT.3) ‘ste oowarz2 Cinaansanenarsempreseanrrers| [BCS0-2 Belli Cooley Consolidation ae tower? NT 20-15 59,8502 {8050-3 Puritas/W. 150th Consolidation eae 20 Jn 2 ‘Stickney Crock intercommunity Sewer 1169 268May-91 EY 03 5934 IP €S0 Southerly il Creek CSO Projects 2016 12-Aug-08 A ‘oi Dee, CIP CSO Souther ma Creek CBO Pejods MARS: MILES AVE RS. 809 X2AUGEA 17-Nowt0 —_ §1,752609[7-Now10, MARS MILES AVE RS LLRRS: LEE ROAD RELIEF SEWER 1624 17NowD8A 08-Deot3 $20.417,759 O=-De0-13, LARS: LEE ROAD RELIEF SEWER IMCT-3C: MLL CREEX TUNNEL #9 COMPLETION, $048 CoALGD9A S012 $14,007.10 0-12, MCT-2C: MILL CREEK TUNNEL #8 CONELETION ‘iP C50 Southerty Mise Projects 6200 25Mar-12O8-Fet-S1—$524,979 909] | Feb, CIP GSO Sout MC Pe {©5063 Rei / Consolidation Sewer 229 ZsMar2 OSkk4 ——$3.35g.946| WME 1-14, CSO.069 eet / Crs See East 7th Street Pump Station 1426 1208014 06-Nov-18 $7,801 a4 PSE 06 Note, Eas 57h Streot Pure Satin Regulator $8 Upgrade 626 1-Ap-18 OOnar-18 ‘$867.65 ‘Sm Co-ler-t8, Reguetor $8 Uporade (¢80-048 Storage Tank 1420 1849 osun23— $6961.078 EY 09 Jun 29, CSO-045 Storage Tank Morgana Run & Burke Brook Rehabilitation 4957 10May-21 o4Feb-2s $4622.06 REIN 04. Fb 26, Morgana Run & Burke Brook Rehan Southerly Tunnel (SOT-1) esr 18-00-22 OSFeb26 $122.36) NY 05-F 45 2, Souter Tuma! (SOTA) Southey Pump Station 4900 24.02t21 06Deeze 675000844) NEY 064-28, Sather Porn Staton 'SCS0-4 Burke Grant Consolidation 4708 06-Sep-23, OGANay28 $25,795,082 AN 05-28, SCSO-1 Bur Grant Corsceston 'SCS0-3 Sreseway/Craytonftorgna Consotié 1854 OB Mar25 17-Jun-29 $51,696,115 ASSES 17-Jun-29, §CSO-3 Broa Cravtr’Morgra Concl ‘Southerly Tunnel (SOT-2) 1876 20-0625 O8Feb-31 $117,012, 989 NN 0f-Feb-31, Southey Tunnel (GOT?) '$C50.2 Union / East 79th Consaistion 1703 2eAce28 | 2eDec30 | SHa.soats| : ‘Seperate 25-560.96, §C802 Us| East 7th ‘Southerly DsrctRelit Sewers 1685 28Aig24 BAe 29 §20.771436] EY Cov 28 Savery Oat Ree! Sewers ‘Aetna Road and Morgana Run Reet 1573 10Ae620 SouS0 $51,653,000 NT 2-1-0, Aca Read nd orga Run Re ‘GP C80 Southerly Plant Projects 1799 28.Mey-13. 208, ci 080 Soutery Part Proce NY 20-18, Optnied Parcel Operon W/Chamical Adon ad Disinfection (OPT 1) EOS SSE 25-8, CP CSO Calecbon Systemic ‘GIMP: Greon infrastructure Foasibity tucyMaster Pan 1038 OTwar-10A O@Nov-11 _6758,760}=507 05-Nov-11 Gil: Green istctire Feasily Sayhtaster Pin ‘Greon infrastructure Projects 2812 02May41 26 dun-1@ $51,728 000| 258, Gre atte Pegi Optimized Peralel Operation W Chemical Addition and D 1783 26-May-12 = Prinary Baseline LS Remaining Work OO Baseline Micstone MY Summa, Page 20f2 NEE ctualWork ERNE Coal Remaining Work @ — @ Mlesione © Primavera Systems. neCSO LTCP Consent Decree Comparison Chart(CSO LTCP CONSENT DECREE ‘COMPARISON CHART NEORSD 2010 Columbus Indianapolis Ft. Wayne ‘Wash DC Kansas City Cincinnati | 2005 2006 2007 2002 2010 2009 Service Population Tae e50 7,100,000 355000 720,000 630,000 53,000 800,000, an 350 sq mi total ae = sams B2ATBacres SB sq mi(outor 7459 mi oon 75 CSS*; 275 SSS** ee eae ee eto (=19.5 sq mi) __420 sq mitotal) _ 210 sq mi sss) burden High bien igh Medium i igh igh Phased over chedule 25 years 20 years 20 ye0rs 1Byears ——20years ears 3 s 5 ye ¥ ve ve ve 25 a $258" 239.4M otal cs0 cost 338 2.28 25 298 jote $38 (cso) $: (20058) $ $258 $3.29 erent as? aie Sa eee eS ee TAR per year 13% from 15% 10.759 trom 15%-25%/yn Kav ase Riera, 2012-2016 2008-2011 zooszois; || te 2018, be 20 "2010-2015. 2010-2014 ayear st Joverfiows Allowed - fee yyear——yearFalicreek MOPVS204 aiyearanacostia __NoData——_NoData r Westeriy ume; evel (one outa or other ‘aNearPotomac Avaliable avaiable control ave! 3/yr Southerly i vont A/year St. iy * ” ‘osegh eres ana aE 4586 1.25 BG 5.786 186 3.286 6.4BG 14.4 BG flume amssirg Volume rencUal i aaidee arene Pat is be ea Fal creel Lccortun'Endot cr 2% on ERIC anes cincinnati: Phased approach. Schedule to be determined later, 2» Capture means volume treated system-wide on annual basis, 2 posed on residential average monthly useage of 5400 gallons Based on typical year from priority outfalls ® Columbus’ total CSO/SSO consent order costs $5.48 (2005$5) “Subdistrict 3 rate based on .625 mcf (2021) C55 = Combined Sewer Systems #955 = Separate Sewer Systems November 10, 2010 Page 1 of 1 EPA guideline 85% minimum capture/treatment of wet-weather CSO flows