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U.S. EPA sues Akron over sewer system

By Phil Trexler
Beacon Journal staff writer

The U.S. Environmental Protection Agency is seeking millions of dollars in fines from the city of Akron alleging its sewer system has violated federal laws for years by dumping excessive pollutants into local rivers.

In its lawsuit filed earlier this month in U.S. District Court in Akron, the federal EPA wants to force the city to spend what could be hundreds of millions of dollars on improvements to its wastewater treatment system in order to comply with the Clean Water Act.

The EPA is also seeking fines that could climb into several million dollars.

Their lawsuit alleges the city has discharged — and continues to discharge — excessive amounts of pollutants from its wastewater treatment plant and sewer system into the Cuyahoga River, the Little Cuyahoga River and the Ohio Canal, federal attorneys allege in their lawsuit.

Rick Merolla, the city's public service director, said the city has been working with the EPA for about seven years and has spent tens of millions of dollars in an effort to satisfy their concerns.

The city operates its sewer system under a permit granted by the EPA, which sets standards, for example, on water condition discharges and the amount of sewer overflows.

''Our system is within compliance of all those rules and regulations,'' Merolla said. ''We understood that we were going to do more . . . but we want to solve those in a time frame that's manageable and affordable for our rate payers.

''The EPA doesn't care about that. They don't care one bit. In fact, they have never shown us yet that we're out of compliance.''

Andrew Ames, an EPA spokesman, declined comment on the lawsuit. Lawyers in Akron and Washington whose named are attached to the lawsuit did not respond to calls Tuesday and today.

Merolla said the city has been attempting to show they are ''good stewards'' of the environment while at the same time keeping sewer and water rates affordable for its 300,000 customers.

He said improvements have been made and studies have been conducted. He pointed to the city's construction of a $17.8 million basin on Cuyahoga Street that handles up to 9.5 million gallons of storm water and raw sewage.

The facility, known as the Rack 40 Storage Basin, was described in 2006 as Akron's first step in solving its $385 million combined sewer problem that pollutes the Cuyahoga and Little Cuyahoga rivers and the Ohio & Erie Canal after heavy rains and snow melts.

Merolla said the city had a verbal agreement with the Ohio EPA in 2002 on a plan to reach compliance.

''We thought we had a deal,'' he said. ''Then the federal EPA stepped in and said, 'Nope you don't have deal until we say you have a deal.' It's just been frustrating dealing with them all this time.''

Merolla said the city and EPA were still in talks in the past weeks and ''their response was to file a lawsuit.''

''They ask for more and more, millions of dollars worth of additional sampling to prove that we're not in compliance,'' he said. ''And we've told them we've given them all the information they need, we don't want the Akron rate payers to pay another $2 million for studies that we already know the answer to.''

The EPA lawsuit contends that:

• the city's water discharges pollutants ''in amounts and quality'' in violation of the EPA permit.

• dry weather overflows exceed permitted amounts.

• unauthorized discharges occur from its sanitary sewer system.

• Akron has improperly diverted wastewater and the city failed monitor or report on it system.

• Akron has discharged sewage onto property and buildings.

The EPA wants Judge John R. Adams to order the city to ''expeditiously'' comply with its permit and the Clean Water Act by increasing sewer capacity, improving the system's operation and install back-flow prevention devices that lessen sewage release onto property or buildings.

The suit also seeks damages of $27,500 per day for each violation in periods between 1997 and 2004, $32,500 each day for violations between 2004 and 2009 and $37,500 a day for future violations.


Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.

The U.S. Environmental Protection Agency is seeking millions of dollars in fines from the city of Akron alleging its sewer system has violated federal laws for years by dumping excessive pollutants into local rivers.

In its lawsuit filed earlier this month in U.S. District Court in Akron, the federal EPA wants to force the city to spend what could be hundreds of millions of dollars on improvements to its wastewater treatment system in order to comply with the Clean Water Act.

The EPA is also seeking fines that could climb into several million dollars.

Their lawsuit alleges the city has discharged — and continues to discharge — excessive amounts of pollutants from its wastewater treatment plant and sewer system into the Cuyahoga River, the Little Cuyahoga River and the Ohio Canal, federal attorneys allege in their lawsuit.

Rick Merolla, the city's public service director, said the city has been working with the EPA for about seven years and has spent tens of millions of dollars in an effort to satisfy their concerns.

The city operates its sewer system under a permit granted by the EPA, which sets standards, for example, on water condition discharges and the amount of sewer overflows.

''Our system is within compliance of all those rules and regulations,'' Merolla said. ''We understood that we were going to do more . . . but we want to solve those in a time frame that's manageable and affordable for our rate payers.

''The EPA doesn't care about that. They don't care one bit. In fact, they have never shown us yet that we're out of compliance.''

Andrew Ames, an EPA spokesman, declined comment on the lawsuit. Lawyers in Akron and Washington whose named are attached to the lawsuit did not respond to calls Tuesday and today.

Merolla said the city has been attempting to show they are ''good stewards'' of the environment while at the same time keeping sewer and water rates affordable for its 300,000 customers.

He said improvements have been made and studies have been conducted. He pointed to the city's construction of a $17.8 million basin on Cuyahoga Street that handles up to 9.5 million gallons of storm water and raw sewage.

The facility, known as the Rack 40 Storage Basin, was described in 2006 as Akron's first step in solving its $385 million combined sewer problem that pollutes the Cuyahoga and Little Cuyahoga rivers and the Ohio & Erie Canal after heavy rains and snow melts.

Merolla said the city had a verbal agreement with the Ohio EPA in 2002 on a plan to reach compliance.

''We thought we had a deal,'' he said. ''Then the federal EPA stepped in and said, 'Nope you don't have deal until we say you have a deal.' It's just been frustrating dealing with them all this time.''

Merolla said the city and EPA were still in talks in the past weeks and ''their response was to file a lawsuit.''

''They ask for more and more, millions of dollars worth of additional sampling to prove that we're not in compliance,'' he said. ''And we've told them we've given them all the information they need, we don't want the Akron rate payers to pay another $2 million for studies that we already know the answer to.''

The EPA lawsuit contends that:

• the city's water discharges pollutants ''in amounts and quality'' in violation of the EPA permit.

• dry weather overflows exceed permitted amounts.

• unauthorized discharges occur from its sanitary sewer system.

• Akron has improperly diverted wastewater and the city failed monitor or report on it system.

• Akron has discharged sewage onto property and buildings.

The EPA wants Judge John R. Adams to order the city to ''expeditiously'' comply with its permit and the Clean Water Act by increasing sewer capacity, improving the system's operation and install back-flow prevention devices that lessen sewage release onto property or buildings.

The suit also seeks damages of $27,500 per day for each violation in periods between 1997 and 2004, $32,500 each day for violations between 2004 and 2009 and $37,500 a day for future violations.


Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.



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davismollie

Posted 01:18 PM, 02/11/2009

wow


TruthPatrol
Akron, OH

Posted 01:29 PM, 02/11/2009

Here we go, taxpayers.

Years of neglect from

Ballard
Ray
Sawyer
Sponge Don

manifestin' its way to our tax bills.

Bend over and grab your life's savings.


Disarmed
Yo Mama, PA

Posted 01:41 PM, 02/11/2009

Before you all start b*tchin, if you want the city to fix the problem, be prepared to PAY!!!


Jon

Posted 01:53 PM, 02/11/2009

The roads in Akron suck, the schools suck, the APD is underfunded, water mains break and now the city's being sued by the EPA over the sewer system. Yet Akron has a higher income tax rate and property tax rate than most of the surrounding communities. WHERE is all the money going?


Betamax
Akron, OH

Posted 01:56 PM, 02/11/2009

Hmmm, I heard it there was a $90 million fine comin'. Guess that's no longer a rumor.

No-buddy should be surprised, considerin' the years the city hall hero has wasted our tax dollars on his personal ventures, worldwide vacations and expensive dinner parties.

I understand that meetin' were held yesterday with some of the city unions, lettin' them know that the city is broke and budgets are goin' to be cut.

The good news is that we have the money to buy Copley's sewer and water system though.





Nae
Akron, OH

Posted 02:08 PM, 02/11/2009

Where is all the money going...to Sponge Don's bank account.


Karykzen
Akron, OH

Posted 02:22 PM, 02/11/2009

Explains why the Mayor was trying to sell it to a private leasing company.


S. Dogood
Akron, Oh

Posted 02:24 PM, 02/11/2009

What we should be concerned with is our polluting of the Nations waterways that run through all the other communities that are being responsible and following the Law. Remember this is Summit County and all water runs away from us. One other thing, I'm curious, would a 2002 verbal agreement with "name not given" from the State of Ohio EPA hold up in a Federal Court pertaining to a Goverment Mandate. Oh you forgot to mention Mr. Merolla calling the EPA Legal office "CRAZY". I'm sure they will enjoy that.


majorbeefalo
Akron, Oh

Posted 02:43 PM, 02/11/2009

When the mayor was trying to lease out the sewer system to a private company I could never understand how he could do that with the EPA mandates for him to fix the sewer problems. His plan obviously was to lease the sewer and have the lease company say we have to fix the broken system and you will have to pay. All the better for mayor by letting someone else take the heat for the rate increases to follow. It all makes sense now.


kiddo
akron, oh

Posted 03:18 PM, 02/11/2009

Pull the moran out who caused all this mess. I am not going to pay anymore than I have. FORGET IT


OldManGrump
Tallmadge, OH

Posted 03:19 PM, 02/11/2009

Just another good reason to get rid of Mayor Donny Boy.


bilbo
Akron, Oh

Posted 03:28 PM, 02/11/2009

This is old news. Anyone with a bit of awareness knew that our outdated sewer system will need replaced in the near future. Getting rid of the mayor won't solve a thing, Warner.


ouch
akron , oh

Posted 03:39 PM, 02/11/2009

i guess akron really is full of sh--!










Betamax
Akron, OH

Posted 04:26 PM, 02/11/2009

@bilbo - keepin' him hasn't solved anythin' as well. As y'all have stated, anyone with any awareness knew that the system would need replaced. I guess the city hall hero doesn't have that awareness.


osu1

Posted 04:40 PM, 02/11/2009

I don't know which rock Mr. Meroola has been incubating under. Akron was on notice that it had problems with its sewer system when I first moved here. I've been a resident for 33 years.


Overtaxed Voter
Akron, OH

Posted 05:03 PM, 02/11/2009

Hmmm...

Where is Mayor Don when the sewage hits the fan? You know he is a great one to step up and take the credit for everything he perceives as being positive in the community, but he won't show his face when little things like this mult-million dollar lawsuit or the multi-million dollar loss concerning the incompetent oversight of Akron Thermal come to light.

I am glad the Mr. Merolla wants to keep our rates low.

It is too bad that our mayor and the majority of our city councilpersons think it is more important to buy abandoned buildings downtown for inflated prices, to spend millions on unneeded parking garages, and to spend tens of thousands of dollars to steal the Italian Festival from a neighboring city than it is to invest in the infrastructure of our city.

Someone a long time ago said a new broom sweeps clean. Akron voters, it is time to get a new broom when it comes to our elected representatives who ply their trade in Akron City Hall.


Jester
Akron, Oh

Posted 05:12 PM, 02/11/2009

So if the City would have leased the sewers to a private company, who would be responsible for this mess?

If the morons of Akron continue to vote Donny Boy into office, then Akron will continue it's decline. Donny Boy is doing to Akron what Bush did to America. Enough already!


zippy
cuyahoga falls, oh

Posted 05:42 PM, 02/11/2009

cradle to grave - akron own's the problem and will be accountable reguardless of who runs the system in the future...


Overtaxed Voter
Akron, OH

Posted 09:11 PM, 02/11/2009

Zippy is correct. No outside firm (that might lease the sewers like Mayor Don wanted) would ever take on the responsibility for EPA fines, etc. from the past.


rjtrains
Cuyahoga Falls, Oh

Posted 09:13 PM, 02/11/2009

Attention Akronites and Don P. just pretend that this fine is from a redlight camera over the peoples waterways smile and pay up. Then stop Sh***** in our rivers, canals, and lakes.


mimi
akron, oh

Posted 02:55 PM, 02/12/2009

WE SHOULD BE HAPPY THEY WANT TO IMPRIVE OUR WATER LINES AND SEWER SYSTEM.. AKRON'S APPEARENCE ALRADY GETS 2 THUMBS DOWN SO IF WE HAVE TO PAY THEN WE HAVE TO PAY WE HAVE TO PAY FOR EVERTHING ELSE WE WHAT RIGHT. WE NEED TO BE HAPPY THERE BRINGING THIS TO OUT ATTNETION NEXT WE WILL BE DRINKING EVERYTHING THAT IS BEING THROWN IN THESE RIVERS THEN MAYBE WE WILL BE HAPPY ONCE WE GET SICK FROM DRINKING CONTAIMINATED WATER!!!!!!!!!!!!


mimi
akron, oh

Posted 03:14 PM, 02/12/2009

I know we all have nothing better to do but complain but be happy for crying out loud that there bringing this to our attention that we need to get on the ball and get out sewers cleaned, water purified where its drinkable. Would we be more happy if we were drinking what they pour in these lakes and rivers


Celeste

Posted 09:07 PM, 02/12/2009

Why did it take the Beacon Journal so long to break this story? Why do we get the news 36-48 hours sooner on WAKR?
















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