Number
050722
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution approving settlement of a claim by the United States Environmental Protection Agency against the City of Milwaukee.
Analysis
This resolution approves a Consent Agreement and Final Order to be entered into between the City of Milwaukee and the United States Environmental Protection Agency (Region 5) resolving a civil administrative action, and authorizes the appropriate city departments to implement the provisions of that Agreement and Order.
Body
Whereas, The United States Environmental Protection Agency ("USEPA") is the administrative agency charged with the responsibility for administering and enforcing federal environmental laws, including, among others, the Solid Waste Disposal Act ("SWDA"), 42 U.S.C. 6901 et seq., and its provisions pertaining to regulation of underground storage tanks, 42 U.S.C. 6991-6691(i); and
Whereas, 9006 of the SWDA (42 U.S.C. 6991(e)) authorizes the USEPA to commence and prosecute enforcement actions against persons found to be in violation of the requirements of the SWDA's provisions pertaining to regulation of underground storage tanks; and
Whereas, On February 12, 2003, the USEPA notified the City that it planned to file an administrative complaint seeking civil penalties against the City for alleged violations of the underground storage tank provisions relative to the monitoring of its underground tanks and preventative measures, and further stated that in the event that it proceeded to file a complaint against the City respecting these allegations, that it would propose the imposition of a civil penalty against the City in the amount of $51,215.00; and
Whereas, During the course of settlement discussions between the City and the USEPA, the USEPA indicated that under these circumstances, the City would be entitled to propose a "Supplemental Environmental Project" ("SEP"), as a partial offset to civil administrative penalties that the US...
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