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HomeMy WebLinkAboutResolutions - 1977.06.02 - 13212REPORT , June 2, 1977 BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairman RE: Miscellaneous Resolution #7991, Authorization of County Drain Commissioner to Intervene in Legal Action on Behalf of County Sewage Disposal Districts TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Your Committee, having reviewed Miscellaneous Resolution #7991 recommends that said resolution be adopted. The Planning and Building Committee, by Richard R. Wilcox, Chairman, moves the acceptance of1 the foregoing report. PLANNING 8,, BUILDING COMMITTEE Richard R. Wilcox, Chairman 5/19/77 •Sfa h S1 i-7_f2 AUTHORIZATION OF COUNTY DRAIN COMMISSIONER TO INTERVENE IN LEGAL ACTION ON BEHALF OF COUNTY SEWAGE DISPOSAL SYSMIS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS, the United States of America at the request of the Regional Administrator, Region - V, of the United States Environ mental Protection Agency has brought a civil action in the United I li States District Court against the City of Detroit to restrain the I 1 1 1 1 dCity of Detroit from violating the Federal Water Pollution Control i 1 ; 1 1 i iAct and the provisions of a National Pollutant Discharge Elimination d i , i Pystem (NPDES) permit in its operation of the wastewater treatment , H !plant located at 9300 West Jefferson Avenue in the City of Detroit,1 and County municipalities for the reason that 18 cities, 10 townships, and 6 villages located within the Oakland County discharge waste water flows through various interceptors into the City of Detroit for treatment at the wastewater treatment plant and eventual dis- fchargo into the Detroit River, and WHEREAS, the proper and efficient operation and management 1 of this wastewater treatment plant in full compliance with Public 1 1 Law 92-500 and the NPDES permit are in the best interests of all 1 the Oakland County municipalities whose wastewater flows are .tributary to the treatment plant, and i WHEREAS, three Oakland County municipalities, namely the Townships of West Bloomfield, Waterford and Avon are in preparation! of plans to construct collector sewer systems within their respec- ! litive townships and for which systems applications for construction grants are now pending with the EPA, and which grants will not be I awarded unless the EPA is satisfied with the "reliable capacitv of , !tne Detroit treatment plant" to adequately treat the wastewater MISCELLANEOUS RESOLUTION 7991 OFFERED BY: „Tames E. Lanni RE: WHEREAS, this litigation has a serious impact on Oakland aerated by these new collector sewers, and !flows which will be g u D sewage treatment rates now charged to the various municipalities located within Oakland County by the City of Detroit for waste- Later treatment will be substantially increased as a result of the Ipending litigation, and WHEREAS, it is in the best interest of the County of ,iOakland and of the various municipalities within. the County of '1 Oakland which are tributary to the wastewater plant that the ICounty of Oakland intervene in the subject litigation for the !purpose of representing the interests of the citizens of Oakland kounty as they relate to the treatment of wastewater flows at the hDetroit treatment plant, and WHEREAS, the Oakland County Drain Commissioner is the r County Agency for the Southeastern Oakland County Sanitary Disposal 0 !System and in that capacity can intervene in the litigation on Cbehalf of the citizens and municipalities of Oakland County served Thy that system, and 1 WHEREAS, the Oakland County Drain Commissioner is the hCounty Agency for the Townships of West Bloomfield, Waterford, and 11 von for the construction of new collector sewers in those munici-IA Hpalitios, and WHEREAS, the Farmington Sewage Disposal System, the Ever- green Sewage Disposal System, and the Clinton-Oakland Sewage Dis- posal System should be represented in the litigation in the same Imanner as the citizens and municipalities of Oakland County served h Ithe Southeastern Oakland Sewage Disposal System, and WHEREAS, there no longer exists in the County of Oakland la Board of Public Works as established pursuant to the provisions Plef Public Act 185 of 1957, and which Board of Public Works would normally have been the agency to represent the interests of the J Farmington Sewage Disposal System, the Evergreen Sewage Diposal fiSystem, and the Clinton-Oakland Sewage Disposal System, and WHEREAS, there exists a serious possibility that the i4FPRYAPPPOVT11 Ptn T, WHEREAS, this Board of Commissioners by Miscellaneous Resolution No. 7580 adopted June 3, 1976 pursuant to the provisions! rof Public Act 342 of 1939, as amended, established a county-wide Idsystem of water, sewer, and sewage disposal improvements and iservices to he known as the Oakland County Water, Sewer, and liSewage Disposal System and therein designated the County Drain 0 Commissioner as the County Agency for the system; and WHEREAS, it is now desirable and appropriate for the rounty Drain Commissioner as County Agency to represent the Hinterests of the County and intervene in the subject litigation. NOW THEREFORE BE IT RESOLVED, that the County Drain !Commissioner as County Agency is hereby authorized to intervene in the civil action now pending in the Federal District Court for U !the purpose of representing the interests of the Farmington Sewage Disposal System, the Evergreen Sewage Disposal System, and the Clinton-Oakland Sewage Disposal System. James E. Lanni, Commissioner, Dist. #1 1 i 11 1 1 FISCAL MUTE BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN IN RE: MISCELLANEOUS RESOLUTION #799I - AUTHORIZATION OF COUNTY DRAIN COMMISSIONER TO INTERVENE IN LEGAL ACTION IN BEHALF OF COUNTY SEWAGE DISPOSAL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has re- viewed Miscellaneous Resolution #7991 and finds that no appropriation of funds is required. Funding for civil action as authorized by said reso- lution would be provided from "other source" water a- sewer projects. Further, the Finance Committee recommends that the McConnell amend- ment to Miscellaneous Resolution #7991 not be adopted. Further, the Finance Committee recommends that Miscellaneous Reso- lution #7991 be amended to: 1. Read "Disposal Systems" rather than "Disposal Districts" where applicable 2. Read "Evergreen Sewage Disposal System and Far- gton Sewage Disposal System" rather than "Ever- green-Farmington Sewage Disposal System" where applicable. FINANCE COMMITTEE Paul E. Kasper, Chairman #799 1 June 2, 1977 Moved by Wilcox supported by Peterson the report be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Perinoff supported by McConnell that the substitute resolution #7991 presented by the General Government Committee be adopted. Mr. Perinoff requested Robert Fredericks, Deputy Drain Commissioner be allowed to speak on the reasons the substitute resolution was presented. Mr. Fredericks addressed the Board. Vote on accepting the substitute resolution instead of #7991 as originally presented: A sufficient majority having voted therefor, the motion carried. Discussion followed. Vote on resolution: AYES: Wilcox, Aaron, DiGiovanni, Doyon, Fortino, Gabler, Hoot, Kasper, Kelly, Lanni, McDonald, Montante, Page, Perinoff, Pernick, Peterson, Price, Roth, Simson. (19) NAYS: Gorsline, McConnell, Moffitt, Moxley, Murphy, Patterson. (6) A sufficient majority having voted therefor, Resolution #7991 was adopted. STATE OF MICHIGAN) COUNTY_ OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Resolution #799I oa B adopted by the Oakland County rd of Commoners at • • • . • ... • ..... • ..... • .. • . • • • • • ... • • • • • • • ...... • • • their meeting held on June 2, 1977 esQ.aa a•e•p•p•e•pee.“"OppePrepe•eree.“Bre“vvaa.o t.p .4 .pee..0&•pp with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michiga n this 2 .. nd of.. Lynn D. By.... ..... ........ ........ .1)puty Clerk ',11SCTLEANEOUS RESOLUTION 7991 :.UTycuTtERED James E, Lanni ; RE: AUTHORIZATION OF COUNTY DRAIN COMMISSIONER TO INTERV -ENL IN LEGAL ACTION ON BEHALF OF COUNTY SEWAGE DISPOSAL DISTRICTS J.:0 THE OAKLAND COUNTY BOARD OF COMMISSIONERS HIlr, Chairman, Ladies and Gentlemen WHERFAS, the United States of America at the request of the Regional Administrator, Region V, of the United States Nov iron Protection Agency has brought a civil action in the United tates District Court against the City of Detroit to restrain the kCity of Detroit from violating the Federal Water Pollution Control HAct and the provisions of a National Pollutant Discharge Elimination HSystcm (NPDES1 permit iii its operation of the wastewater treatment ..,,plant located at 9300 West Jefferson Avenue in the City of Detroit,: WHEREAS, this litigation has a serious impact on Oakland 'County municipalities for the reason that 18 cities, 10 townships, 6 villages located within the Oakland County discharge waste • ater flows through various interceptors into the City of Detroit •fol treatment at the wastewater treatment plant and eventual dis- charge into the Detroit River, and WHEREAS, the proper and efficient operation and management 'pal' this wastewater treatment plant in full compliance with Public Aaw 92 -500 and the NPPFS permit are in the best interests of all ttlic Oakland County municipalities whose wastewater flows are :tributary to the treatment plant, and WilliREAS, three Oakland County municipalities, namely the .:Townships of West Bloomfield, Waterford and Avon are in preparation. of plans to construct collector SOWCT systems within their respec- tive townships and for which systems applications for construction .H;rants are now pending with the EPA, and which grants will not he :awarded unless the EPA is satisfied with the "reliable capacity of .1-1.1q Detroit treatment plant" to adequately treat the wastewater :fiowf, which will be generated hv these new collector sewers, and WHEREAS, there exists a serious possibility that the ..sewage treatment rates now charged to the various municipalities Oocated within Oakland County by the City of Detroit for waste-. 1:wator treatment will be substantially increased as a result of the pending litigation, and WHEREAS, it is in the best interest of the County or ')Oakiand and of the various municipalities within the County of LOakland which are tributary to the wastewater plant that the .County of Oakland intervene in the subject litigation for the Lpurpose of representing the interests of the citizens of Oakland H.:ounty as they relate to the treatment of wastewater flows at the '.0etroit treatment plant, and WHEREAS, the Oakland County Drain Commissioner is the .:County Agency for the Southeastern O ak land County Sanitary Disposal !JDistrict and in that capacity can intervene in the litigation on , *2half of the citizens and municipalities of Oakland County within Hthat district, and WHEREAS, the Oakland County Drain Commissioner is the :(.2ounty Agency for the Townships of West Bloomfield, Waterford, and HAvon for the construction of new collector sewers in those munlci- Hpalities, and WHEREAS, the Evergreen-Farmington Sewage Disposal District Land the Clinton-Oakland Sewage Disposal District should be repro- . .:sented in the litigation in the same manner as the citizens and municipalities of Oakland County within the Southeastern Oakland County Sewage Disposal District, and WHEREAS, there no longer exists in the County of Oakland Board of Public Works Ns established pursuant to the provisions of Public Act 185 of 1957, and which Board of Public Works would :normatly have been the agency to represent the interests of the .J1vergreen-Farmington Sewage. Disposal District and the Clinton- :ikland Sewage Disposal District, and WHEREAS, this board of Commissioners by lils cellannous esolution No. 7580 adopted Juno 3, 1976 pursuant to the provisions 'i:of Public Act 342 of 1939, as amended, established a county -wide :3ystem of water, sewer, and sewage disposal improvements and :services to be known as the Oakland County . Water, Sewer, and :2,ewaoc Disposal System and therein designa ted the County Drain Commissioner as the County Agency for the system; and WHEREAS, it is now desirable and Appropriate For the 'County Drain Commissioner as County Agency to represent the jnterests of the County and intervene in the subject liti g ation, NOW THEREFORE BE IT RESOLVED, that the County Drain H.:17ommissioner as County Agency is hereby authorized to intervene a the civil action now pending in the Federal District Court for the purpose of representing the interests or the Evergreen- EJrmington Sewage Disposal District and the Clinton-Oakland Sewage Disposal DiSrTiCt.