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2012-10-12.EPA Notice re DWSD Motion for Interim Order

2012-10-12.EPA Notice re DWSD Motion for Interim Order

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Published by Peter Cavanaugh

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Published by: Peter Cavanaugh on Oct 15, 2012
Copyright:Attribution Non-commercial


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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANSOUTHERN DIVISIONUnited States of America, ))Plaintiff, ))v. ) Honorable Sean F. Cox)City of Detroit,
et al.
) Case No. 77-71100)Defendants. )____________________________________)
 The United States of America, on behalf of the United States Environmental ProtectionAgency (“EPA”), hereby notifies the Court and Parties as follows in regard to the DWSD’sMotion for Interim Order:The Michigan Department of Environmental Quality (“MDEQ”) recently informed EPAabout a proposal that the Detroit Water and Sewerage Department (“DWSD”) was consideringthat recommended,
inter alia
, a dramatic reduction in staffing levels within DWSD’s wastewatertreatment plant and combined sewer overflow operations. EPA has not had the opportunity toreview and evaluate the potential effect and implications of the proposal on DWSD’s compliancewith the Clean Water Act, 33 U.S.C. §§ 1251
et seq.
, and its NPDES permit, including theoperation and maintenance requirements contained therein. To the extent that actions by thisCourt on DWSD’s Motion for Interim Order may open the way for DWSD’s initiation of theimplementation of that proposal, EPA seeks to notify this Court and the parties of its interest in
2:77-cv-71100-SFC Doc # 2492 Filed 10/12/12 Pg 1 of 4 Pg ID 16337
2having the opportunity to meaningfully undertake an evaluation of the proposal prior to any suchaction.During the period of its evaluation of the proposal, EPA plans to work with both MDEQand DWSD. To that end, managers and staff from EPA already are planning to meet withmanagers and staff from MDEQ on Tuesday, October 16, 2012, to discuss and evaluate thecurrent situation. The meeting is intended to provide further clarification on a path forward.With this notice, EPA is not taking any position on any aspect of the proposal beforeDWSD.Accordingly, EPA seeks a period of forty-five (45) days to evaluate the potential impactsof the proposal on CWA compliance and asks this Court not to take any actions that would openthe way for DWSD to initiate implementation of the proposal prior to that time. DWSD has notreported any violations of its NPDES numeric limitations on solids since November 2011 andhas not reported any other NPDES numeric effluent limitation violations since March of thisyear. Therefore, nothing in the record would indicate that immediate commencement of theimplementation of the proposal is required.Respectfully Submitted,FOR THE UNITED STATES OF AMERICAs/ with consent of Annette M. LangANNETTE M. LANGTrial AttorneyEnvironmental Enforcement SectionEnvironment and Natural Resources DivisionP.O. Box 7611Washington, D.C. 20044-7611(202) 514-4213(202) 616-6584 (fax)annette.lang@usdoj.gov 
2:77-cv-71100-SFC Doc # 2492 Filed 10/12/12 Pg 2 of 4 Pg ID 16338
3BARBARA L. MCQUADEUnited States AttorneyEastern District of MichiganBy: s/ Peter A. CaplanPETER A. CAPLANAssistant United States AttorneyEastern District of Michigan211 W. Fort St., Suite 2001Detroit, MI 48226(313) 226-9784P-30643peter.caplan@usdoj.govOF COUNSEL:Nicole CantelloAttorney-AdvisorU.S. Environmental Protection AgencyRegion 5 (C-14J)77 W. Jackson Blvd.Chicago, IL 60604
2:77-cv-71100-SFC Doc # 2492 Filed 10/12/12 Pg 3 of 4 Pg ID 16339

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