CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to Seattle Public Utilities; authorizing the General Manager and Chief Executive Officer of Seattle Public Utilities to submit for approval to the U.S. District Court for the Western District of Washington a First Material Modification to the 2013 Consent Decree entered into by the United States Environmental Protection Agency, the State of Washington Department of Ecology, and The City of Seattle in Civil Action No. 2:13-cv-00678, and to fulfill the obligations set forth therein.
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WHEREAS, The City of Seattle (“City”) owns, maintains, and operates a combined wastewater collection system that collects residential and industrial wastewaters, as well as stormwater, as part of Seattle Public Utilities’ drainage and wastewater system; and
WHEREAS, in 2010 the City was issued Permit No. WA0031682 under the National Pollutant Discharge Elimination System (“NPDES Permit”), which specifies the conditions under which the City is authorized to discharge combined sewer overflows from more than 80 permitted combined sewer overflow (“CSO”) outfalls; and
WHEREAS, the United States of America, on behalf of the United States Environmental Protection Agency (“EPA”), the State of Washington, by and through the State of Washington Department of Ecology (“Ecology”), and The City of Seattle are parties to the Consent Decree entered by the United States District Court for the Western District of Washington on July 3, 2013 (Civil Action No. 2:13-cv-00678) (“CSO Consent Decree”); and
WHEREAS, on August 6, 2019, the City formally requested to begin conversations with EPA and Ecology, describing its interests in modifying the CSO Consent Decree; and
WHEREAS, the City, EPA, and Ecology have negotiated a First Material Modification to Consent Decree (“First Material Modification”) in good faith, and the First Material Modification is fair, reasonable, and in the public interest; and
WHEREAS, the First Material Modification requires the City to implement key parts of its CSO reduction program by December 31, 2037; and
WHEREAS, the First Material Modification calls for coordination and optimization between the City and King County on their current and future wastewater system operation; and
WHEREAS, the City desires to fulfill its obligations under the First Material Modification; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The General Manager and Chief Executive Officer (“GM/CEO”) of Seattle Public Utilities is authorized to submit for approval to the U.S. District Court for the Western District of Washington the First Material Modification to Consent Decree, substantially in the form of Attachment 1 to this ordinance, and to fulfill the City’s obligations set forth therein.
Section 2. It is possible that before submitting the First Material Modification to Consent Decree to the court, amendments that are not material changes to Attachment 1 to this ordinance may be agreed by the United States Environmental Protection Agency, the United States Department of Justice, the State of Washington Department of Ecology, and The City of Seattle. If all parties agree to such amended language, then the GM/CEO of Seattle Public Utilities is authorized to submit the First Material Modification to Consent Decree with the amended language and to implement it upon approval by the court.
Section 3. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2024, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2024.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2024. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2024.
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Scheereen Dedman, City Clerk
(Seal)
Attachments:
Attachment 1 - First Material Modification to Consent Decree