2Motion for an Interim Order, EPA and MDEQ reviewed EMA’s Proposal to assess whether anyaspects of it appear likely to affect DWSD’s compliance with its NPDES permit and the CleanWater Act (“CWA”), 33 U.S.C. §§ 1251
Since this Court’s October 12, 2012 status conference, representatives from DWSD andEMA presented and explained EMA’s Proposal to EPA and MDEQ. EPA and MDEQ alsoreviewed available public documentation concerning the Proposal. In addition, fromNovember 6, 2012, through November 9, 2012, EPA, with the participation and assistance of MDEQ, conducted a Compliance Evaluation Inspection at the DWSD wastewater treatmentplant.At this time, EPA and MDEQ take no position on the appropriateness of EMA’sProposal. However, EPA and MDEQ have identified one aspect of the Proposal that, if implemented as written, could have a negative impact on CWA compliance: the significantprojected reductions in staffing levels within DWSD’s wastewater operations group(“WWOG”).
DWSD informs EPA and MDEQ that the WWOG currently has over 600employees. By contrast, after implementation of all recommended actions, EMA’s Proposalprojects fewer than 150 WWOG employees.
In discussions with EPA and MDEQ, DWSD managers indicated that EMA’s projectedstaffing levels have not been adopted by DWSD and are only
not a plan. DWSD
EPA and MDEQ do not, at this time, take a position or comment upon other recommendationsin EMA’s Proposal, including, for example, job classification redesign, computerizedmaintenance management systems improvements, automation and IT support system changes,and control system upgrades.
August 2012 EMA PowerPoint Presentation at 16. The August 2012 Presentation lists 68employees under the wastewater manager and 76 employees under the field/central servicesmanager. Some of those 76 field/central services employees will perform duties currentlyundertaken by WWOG employees.
2:77-cv-71100-SFC Doc # 2509 Filed 12/03/12 Pg 2 of 90 Pg ID 16703