HomeMy WebLinkAboutResolutions - 1989.11.30 - 17105Miscellaneous Resolution 8930.6 November 30, 1989 ,
BY; Planning and Building Committee, Anne M. Hobart, Chairperson
IN RE: 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:
WHEREAS, in 1977 the United States of America at the request
of the Regional Administrator, Region V, of the United States Environ-
mental Protection Agency, brought a civil action in the United States
District Court, Case No 77-71100, against the City of Detroit to
restrain the City of Detroit from violating the Federal Water
Pollution Control Act and the provisions of a National Pollutant
Discharge Elimination System (NPDES) Permit in its operation of the
Detroit Wastewater Treatment Plant; and
WHEREAS, the Oakland County Board of Commissioners by
Miscellaneous Resolution No. 7991 adopted on June 2, 1977, author-
ized the County Drain Commissioner to intervene in the subject civil
action, Case No. 77-71100, on behalf of the citizens and municipal-
ities of Oakland County served by the Southeastern Oakland County
Sewage Disposal System, the Evergreen Sewage Disposal System, the
Farmington Sewage Disposal System, and the Clinton-Oakland Sewage
Disposal System; and
WHEREAS, on October 19, 1989 the Michigan Water Resources
Commission issued new NPDES permits to several municipalities in-
cluding the City of Detroit, the City of Birmingham, the City of
Bloomfield Hills, the City of Farmington, and the Oakland County
Drain Commissioner for the Acacia Park Drain, which serves the
Village of Beverly Hills and the City of Birmingham; which permits
will require the construction of facilities to eliminate combined
.sewer overflows (CSO) from sewage disposal collection systems opera-
ted by these municipalities, which by contract discharge their
sewage flows through one or more of the sewage disposal systems
operated by Oakland County, or by direct contract with the City of
Detroit; and
WHEREAS, the Oakland County Drain Commissioner believes
that the CSO Provisions contained in the proposed NPDES permits are
' inconsistent with the amended Consent Judgment entered in civil
action No 77-71100, and would require an enormous expenditure of
funds by the individual municipalities in Oakland County, and by
the City of Detroit, which may attempt to recover a portion of any
such expenditures from sewage disposal rates collected from the
Oakland County Sewage Disposal Districts and the municipalities
within Oakland County; and
WHEREAS, the Oakland County Drain Commissioner believes
that it is appropriate to again intervene in the subject litigation,
Civil Case No 77-71100, to represent the interests of the Oakland
County Sewage Disposal Districts, and the citizens and municipalities
of Oakland County served by that system; and
WHEREAS, intervention by the Oakland County Drain Commissioner
on behalf of the Oakland County Sewage Disposal District, and the citizens and
municipalities of Oakland County affected by the proposed NPDES permits will
serve to protect the interests of Oakland County, and assure that every possible
action is taken to develop a combined sewer overflow control program which is
reasonable, cost effective, and not more stringent than required by federal and
state taw.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the County Drain Commissioner to again intervene in
Case No. 77-71100, now pending in the Federal District Court, for the purpose
of representing the interests of Oakland County, the County Sewage Disposal
Districts herein identified which are served by the Detroit Wastewater Treatment
Plant, and the citizens and municipalities served by that facility.
Mr. Chairperson, on behalf of the Planning and Building Committee,
I recommend adoption of the foregoing resolution.
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PLANNING AND BUILDING COMMITTEE
31
!1\,G RESOLUTION
,
Date
Misc. Resolution # 893f1. November 30, 1989
Moved by Hobart supported by Gosling the resolution be adopted.
AYES: Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake,
Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell,
McCulloch, McPherson, Moffitt, Oaks, Olsen, Pernick, Price. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution 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 the attached
miseellaneous -resolution adopted b the Oakland County Board of Commissioners
at their meeting held on November 30, 1989
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, Michigan
30th day of November 198 9.
LYNN/D. ALLEN, County Clerk/Register of I
this