AKRON, Ohio – In 2014, the U.S. Environmental Protection Agency (EPA) asked Akron to overhaul its combined sewer overflow system to clean up Akron’s waterways. Since then, the city has completed 23 of 26 project required by a federal consent decree (Akron Waterways Renewed! projects). As the city eyes the completion of the last two projects, it is requesting to amend the consent decree by modifying the projects in ways that would provide the same environmental benefits but would save rate payers $140 million.
Despite the city submitting technical and financial justifications for its proposal, the EPA recently informed the city that it will not support the proposed changes. When asked about the basis for the denial, the EPA refused to answer the city’s questions around equity, according to the city. The city entered into an information resolution process with the EPA, but that process closed on Friday, April 15 without a resolution. Now Akron has 30 days to notify the EPA of its intent to proceed with the formal dispute process as outlined in the consent decree. The U.S. EPA and Ohio EPA would then have 45 days to serve Akron with their respective written statements of position. If there is still not a resolution at the end of the 45 days, the city will file a motion for judicial review with the court, which would most likely occur in July.
“While we are extremely proud of the progress we have made to clean up our waterways, it has come at a burdensome and inequitable cost,” said Akron Mayor Dan Horrigan in a news release. “Our efforts to date have already resulted in keeping 2.2 billion gallons of untreated overflow and partially treated bypasses out of our waterways in a typical year. But Akron’s most vulnerable residents are paying the cost of this unaffordable burden. At every available opportunity, I’ve worked to mitigate the financial impact on our ratepayers including getting the first two amendments to the consent decree passed, utilizing innovated financing and spending over $1.3M for our Akron Cares program so far. This is still not enough, which is why we are proposing a third amendment.”
The city’s proposal seeks to “right size” the tunnel for the Northside Project with a 16-foot diameter tunnel instead of a 24-foot diameter tunnel. The smaller tunnel would still exceed the performance criteria of no overflows in the typical year. The proposal would also eliminate the need for a water treatment facility adjacent to the Towpath Trail. The treatment facility is only projected to operate three times a year for very little environmental benefit, according to the city.
The EPA has previously granted two amendments to the city’s Long Term Control Plan suggested by the city during its Integrated Planning process, which seeks to best prioritize capital investments and achieve water quality objectives, including an evaluation of green infrastructure and other types of sustainable solutions. Through the process, the city was able to replace specific Long Term Control Plan control measures with projects that performed better, utilized green infrastructure and were less costly. The first two amendments to the consent decree netted savings of $142 million for rate payers.
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In conjunction with the dispute resolution process, Mayor Horrigan has submitted a letter to the EPA administrator and White House officials. The full letter can be viewed here. A short video explaining the city’s position, which includes parts of the letter, can be viewed here.
To learn more about the consent decree and how you can get involved, including sending your own letter encouraging Administrator Regan to reconsider the EPA’s position on Akron’s proposal, visit www.akronwaterwaysrenewed.com.
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