STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2004-14107-W
					)
CITY OF AURORA,					)
					)
Respondent.					)

AGREED ORDER

The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order. Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which the Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (hereinafter referred to as “Complainant”) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. The Respondent is the City of Aurora (“Respondent”), who operates a publicly owned sewage collection system comprised of combined and sanitary sewers in Aurora, Dearborn County, Indiana, (“Site”). The Respondent is authorized by National Pollutant Discharge Elimination System (“NPDES”) Permit No. IN0050903 (“the Permit”), effective April 1, 2001, to discharge from combined sewer overflow outfalls to receiving waters named the Ohio River and Hogan Creek. The Respondent does not have a wastewater treatment plant and currently routes their wastewater to the South Dearborn Regional Sewer District’s wastewater treatment facility.

3. The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified Mail to Donnie Hastings, Mayor, City of Aurora.

5. An inspection and record reviews were conducted on the dates specified below by a representative of IDEM’s Office of Water Quality. The violations described in the following paragraphs were in existence or observed at the time of the inspection and record reviews and were cited in the NOV.

6. Attachment A of the Permit identifies the following sanitary sewer system overflow points in the sanitary portion of the sewer system and prohibits them from discharging to waters of the state at any time:

Outfall	Location	Receiving Stream
001	Decatur Street Lift Station	Ohio River
003	Cochran Lift Station	Stoney Lonesome Creek
004	West Fourth Street Lift Station	Hogan Creek
005	West Side Lift Station	Hogan Creek

Pursuant to Attachment A of the Permit, should any discharge occur, the Respondent is required to notify the Indiana Department of Environmental Management within 24 hours, by calling 317/232-8795 during regular business hours or 317/233-7745 during non-business hours, and in writing within five days of the event. The correspondence shall include the duration and cause of discharge as well as remedial action taken to eliminate it.

7. Pursuant to 327 Indiana Administrative Code (IAC) 5-2-8(1) and Part II.A.1 of the Permit, the Respondent shall comply with all terms and conditions of its permit.

8. An IDEM investigation was conducted at the Site on March 23, 2004. Remnants of raw sewage were observed in Stoney Lonesome Creek, directly adjacent to the Sanitary Sewer Overflow (“SSO”) Outfall #003. No SSO bypass report had been received by IDEM for the discharge. A review of records at Respondent’s Utilities Office indicated numerous incidents of SSO discharge events at all of the SSO Outfalls listed in Attachment A of the Permit during 2002, 2003, and 2004, and these events had not been reported to IDEM as required by Attachment A of the Permit, in violation of IAC 327 5-2-8(1), Part II.A.1 of the Permit and Attachment A of the Permit.

9. Respondent did report to IDEM discharges from SSO Outfall 003 at the Cochran Street lift station of 5,000 gallons on August 4, 2004, due to a 1-inch rain, 25,000 gallons on August 26, 2004, due to rain, 10,000 gallons on November 22, 2004, due to a 1-inch rain, 10,000 gallons on November 24, 2004, due to rain. These discharges are in violation of IAC 327 5-2-8(1), Part II.A.1 of the Permit and Attachment A of the Permit.

10. Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and at all places, including the mixing zone, shall meet the minimum conditions of being free from substances, materials, floating debris, oil or scum attributable to municipal, industrial, agricultural, and other land use practices, or other discharges:

A) that will settle to form putrescent or otherwise objectionable deposits;

B) that are in amounts sufficient to be unsightly or deleterious;

C) that produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance;

D) which are in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans; and

E) which are in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses.

11. Pursuant to IC 13-18-4-5, it is unlawful for any person to throw, run, drain, or otherwise dispose into any of the streams or waters of Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into any waters; any organic or inorganic matter that causes or contributes to a polluted condition of any waters, as determined by a rule of the board adopted under IC 13-18-4-1 and IC 13-18-4-3.

12. An IDEM investigation was conducted on March 23, 2004. Remnants of raw sewage were observed in Stoney Lonesome Creek, directly adjacent to SSO Outfall #003. A review of records at Respondent’s Utilities Office indicated numerous incidents of SSO discharge events at all of the SSO Outfalls listed in Attachment A of the Permit during 2002, 2003, and 2004. The sewage discharges are deleterious, form putrescent or otherwise objectionable deposits, and produce conditions in such degree as to create a nuisance, in violation of 327 IAC 2-1-6. Furthermore, because the Respondent allowed sewage to pollute waters of the state, and because the Respondent violated 327 IAC 2-1-6, which is a rule adopted by the Water Pollution Control Board pursuant to IC 13-18-3, the Respondent is in violation of IC 13-18-4-5.

13. Pursuant to IC 13-30-2-1, a person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment in any form which causes or would cause pollution which violates rules, standards, or discharge or emission requirements adopted by the appropriate board under the environmental management laws.

14. An IDEM investigation was conducted on March 23, 2004. Remnants of raw sewage were observed in Stoney Lonesome Creek, directly adjacent to SSO Outfall #003. A review of records at Respondent’s Utilities Office indicated numerous incidents of SSO discharge events at all of the SSO Outfalls listed in Attachment A of the Permit during 2002, 2003, and 2004. Because the Respondent allowed sewage to pollute waters of the state, and because the Respondent violated 327 IAC 2-1-6, which is a rule adopted by the Water Pollution Control Board pursuant to environmental management laws, the Respondent is in violation of IC 13-30-2-1.

15. Part I.A.3 of the Permit identifies five Combined Sewer Overflow (“CSO”) outfalls in the Respondent’s sewage collection system, identified as Outfalls 002, 006, 007, 008, and 009.

16. On February 10, 2005, Respondent met with representatives of IDEM’s Office of Water Quality concerning its Combined Sewer Overflow Long Term Control Plan (“LTCP”) submitted to IDEM on September 30, 2004, to address CSO Outfalls 002, 006, 007, 008, and 009. The LTCP contains, among other elements, a “Sewer Improvement and Separation Plan” that will be implemented over a ten-year period in three phases. Full implementation of the Sewer Improvement and Separation Plan is expected to result in 100% separation of sanitary and storm sewers, and the elimination of all CSO discharges. The Sewer Improvement and Separation Plan is attached to this Agreed Order, designated as Attachment 1. Additionally, the LTCP contains a Post Construction Compliance Monitoring Plan that sets forth the actions that will be taken by the Respondent to evaluate whether implementation of the Sewer Improvement and Separation Plan results in the elimination of all CSO discharges. The Post Construction Compliance Monitoring Plan is attached to this Agreed Order, designated as Attachment 2.

17. On September 26, 2005, Respondent and IDEM held a settlement conference in which the LTCP implementation schedules and compliance issues were reviewed.

18. In recognition of the settlement reached, the Respondent waives any right to administrative and judicial review of this Agreed Order.

II. ORDER

1. This Agreed Order shall be effective (“Effective Date”) when it is approved by the Complainant or his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. The Respondent shall comply with 327 IAC 2-1-6(a)(1), IC 13-18-4-5, IC 13-30-2-1 and the Permit.

3. Beginning on the Effective Date of this Agreed Order, and continuing until implementation of the Compliance Plan required pursuant to Order Paragraph 4 is complete, the Respondent shall, at all times, operate its existing sewage collection system as efficiently and effectively as possible.

4. Within 120 days of the Effective Date of this Agreed Order, the Respondent shall develop and submit to IDEM for its approval a compliance plan (“CP”) that includes, but is not limited to, the following:

A. A description of the actions that the Respondent will take and management systems that the Respondent will develop and implement to achieve and maintain continuous compliance with the prohibition of discharges from Sanitary Sewer Overflow Outfalls 001 Decatur Street, 003 Cochran Street, 004 West Fourth Street, and 005 West Side lift stations contained in Attachment A of the Permit;

B. A description of the actions that the Respondent will take to ensure that the collection system is at all times efficiently operated and maintained in good working order. Such actions shall include, but not be limited to, identification and reduction of inflow and infiltration sources, including stormwater connections to the collection system, to maintain compliance with the NPDES Permit; and

C. A schedule for initiation and completion of all actions described in the CP, including specific milestone dates.

5. The Respondent shall, upon completion of implementation of the portion of the CP required by Order Paragraph 4.A, be subject to the stipulated penalties specified in Order Paragraph 23 below for violation of the prohibition to discharge from SSO points identified in Attachment A of the Permit.

6. The Respondent shall, within 12 months of the completion of the portion of the CP required by Order Paragraph 4.A (Performance Period), demonstrate for a period of 10 consecutive months, compliance with the prohibition of discharges from SSO’s identified in Attachment A of the Permit. In the event that a discharge violation occurs during the Performance Period, the Respondent shall, within 60 days of becoming aware of the violation, submit to IDEM for its approval, an SSO Elimination Compliance Plan, that includes a description of the additional actions that the Respondent will take to achieve and maintain continuous compliance with the Permit and a schedule, including specific milestone dates for initiating and completing such actions.

7. The plans required by Order Paragraphs 4. and 6. are subject to IDEM approval. In the event that IDEM determines any plan to be deficient or otherwise unapprovable, the Respondent shall, upon written notice by IDEM, revise and resubmit the plan, in accordance with IDEM’s written notice. If, after three submissions of the plan by the Respondent, IDEM finds the plan to be deficient or otherwise unapprovable, IDEM may require the Respondent to revise and resubmit the plan, or alternatively, may modify and approve the plan, in which case the Respondent shall implement the plan as modified and approved by IDEM.

8. Upon approval by IDEM, any plan required pursuant to this Agreed Order shall be incorporated into the Agreed Order and shall be deemed an enforceable part thereof. The Respondent, upon receipt of written approval from IDEM, shall immediately implement the approved plan and adhere to the schedule contained therein.

9. The Respondent shall notify IDEM, in writing, within 10 days of completion of each action or milestone contained in any plan approved by IDEM pursuant to this Agreed Order. The notification shall include a description of the action completed and the date it was completed.

10. Within 30 days of the Effective Date of this Agreed Order, the Respondent shall determine whether it has sufficient legal authority to:

A. implement and enforce its sewer use ordinances, service agreements and/or other legally binding documents;

B. require that all sewers and connections be properly designed and constructed;

C. test and inspect all new and rehabilitated sewers, including both collector sewers and service laterals;

D. regulate flows from satellite collection systems (if any); and

E. prohibit the connection or introduction of stormwater sources to the sanitary collection system.

11. In the event that the Respondent determines that it does not have the legal authority described in Order Paragraph 10, the Respondent shall take all necessary steps to obtain such legal authority.

12. Within 120 days of the Effective Date of this Agreed Order, the Respondent shall submit to IDEM a statement certifying that it has the legal authority described in Order Paragraph 10.

13. Beginning on the Effective Date, the Respondent shall inspect its sanitary sewer overflow outfall portion of its sewage collection system during and/or after precipitation events, in order to determine whether a discharge has occurred. The Respondent shall document its inspections by recording the following:

A. the date and time of the inspection;

B. the name of the person(s) conducting the inspection;

C. the date the precipitation event began;

D. the time the precipitation event began (estimated or actual) and, for inspections conducted after the precipitation event, the time the precipitation event ended (estimated or actual), and the volume (estimated or actual) of the precipitation event;

E. observations as to whether a discharge from the sanitary collection system occurred, is occurring, or is about to occur, and if so the location of the discharge/impending discharge; and

F. the remedial measures taken in the event that a discharge is found to have occurred, to be occurring, or about to occur.

The Respondent shall maintain the required documentation at the Utility Office and shall make such documentation available to IDEM representatives for inspection and/or copying upon request.

14. Beginning on the Effective Date, in the event that a discharge from the sanitary sewer portion of its collection system occurs the Respondent shall report overflows and perform a response, as follows:

A. take all reasonable actions to cease the discharge as soon as possible;

B. properly clean the affected area;

C. remove and properly dispose of sewage and debris from the affected area;

D. report the discharge event as follows

(i) Within 24 hours of the Respondent’s discovery of the discharge, the Respondent shall provide verbal notification of the event to IDEM, at 317/232-8795 (or 317/232-8694) during regular business hours or 317/233-7745 during non-business hours;

(ii) Within five days of the Respondent’s discovery of the discharge, the Respondent shall submit written notification of the discharge to IDEM. The notification shall include the following information: the duration and cause of the discharge and the remedial action taken to eliminate it;

(iii) The Respondent shall report the duration and estimated volume of the discharge on the Discharge Monitoring Report and the Monthly Report of Operation; and

E. document all actions taken to cease the discharge and to remediate the affected areas, maintain copies of the documentation at the WWTP, and make such documentation available to IDEM representatives for inspection and/or copying upon request.

15. The Respondent shall implement the Sewer Improvement and Separation Plan set forth in Attachment 1, in accordance with the schedule contained therein.

16. The Respondent shall implement the Post Construction Compliance Monitoring Plan set forth in Attachment 2, in accordance with the schedule contained therein.

17. Within 60 days after completion of each phase of the Sewer Improvement and Separation Plan and the associated portions of the Post Construction Compliance Monitoring Plan, the Respondent shall submit to IDEM, for review and approval, a report that contains a summary of the data gathered as a result of the post construction compliance monitoring and an evaluation of the success of the phase in eliminating CSO discharges. The Respondent shall adequately address any IDEM comments regarding the report, within the timeframe required by IDEM. The Respondent’s obligations under this provision include, but are not limited to, gathering additional post construction compliance monitoring data in the event that IDEM deems necessary.

18. In the event that data resulting from implementation of the Post Construction Compliance Monitoring Plan, or other information indicates that any phase of the Sewer Improvement and Separation Plan is not adequate to eliminate CSO discharges, the Respondent shall, within 90 days of becoming aware of such inadequacy, develop and submit to IDEM, for approval, a CSO Compliance Plan (CP) that identifies:

a. the additional measures that will be implemented by the Respondent in order to eliminate CSO discharges; and

b. the post construction compliance monitoring program that will be implemented by the Respondent in order to determine whether the additional measures, upon implementation, are adequate to eliminate CSO discharges, along with a schedule, that includes specific milestone dates, for implementation of the post construction compliance monitoring.

19. The CSO CP is subject to IDEM approval. Following receipt of the CSO CP, IDEM may, in writing: (a) approve all of or any portion of the CSO CP; (b) approve all or a portion of the CSO CP upon specified conditions; (c) disapprove of all or any portion of the CSO CP, notifying the Respondent of deficiencies in the CP and granting the Respondent additional time within which to correct the deficiencies; (d) modify the submission to correct deficiencies; or (e) reject all or any portion of the CP.

20. The Respondent, upon receipt of written notification from IDEM of approval of the CSO CP, shall immediately implement the approved CSO CP and adhere to the schedules contained therein. The approved CSO CP shall be incorporated into this Agreed Order and shall be deemed an enforceable part thereof.

21. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Paul Cluxton, Enforcement Case Manager

Indiana Department of Environmental Management

Office of Enforcement – Mail Code 60-02

100 North Senate Avenue

Indianapolis, IN 46204-2251

22. The Respondent is assessed a civil penalty of Five Thousand One Hundred Dollars ($5,100). The civil penalty shall be paid in the following manner:

Amount Due	Date Due
$1,275	within 90 days of the Effective Date of this Agreed Order
$1,275	within 180 days of the Effective Date
$1,275	within 270 days of the Effective Date
$1,275	within 365 days of the Effective Date

Said penalty amount shall be due and payable to the Environmental Management Special Fund, reference Case 2004-14107-W on the check, and mail to the address in Paragraph 25 of this Agreed Order.

23. In the event the terms and conditions of the following Order paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

Order Paragraph Number	Violation	Penalty Amount
4	Failure to submit the CP, as required.	$250 per each week or part thereof late
5	Violation of SSO discharge prohibition contained in Attachment A of the Permit, subsequent to completion of implementation of the portion of the CP required pursuant to Order Paragraph 4.A.	$1000 per violation
6	Failure to submit SSO Elimination Compliance Plan, if required.	$250 per each week or part thereof late
7	Failure to revise and resubmit any plan required pursuant to this Agreed Order, as required.	$250 per each week or part thereof late
8	Failure to implement an approved plan, or to meet any milestone date set forth in any approved plan.	$500 per each week or part thereof late
9	Failure to notify IDEM, in writing, within 10 days of completion of each action contained in the approved action plan.	$250 per each week or part thereof late
12	Failure to timely submit certification statement.	$250 per each week late
13	Failure to inspect sanitary collection system, as required.	$500 per violation
13	Failure to document inspections of sanitary collection system or make documentation available to IDEM, as required.	$500 per violation
14	Failure to take all reasonable actions to cease the discharge as soon as possible; properly clean the affected area; remove and properly dispose of sewage and debris from the affected area; or report the discharge event, as required.	$500 per violation
14	Failure to document action taken to cease the discharge and to remediate the affected areas, or make documentation available to IDEM, as required.	$500 per violation
15	Failure to implement the Sewer Improvement and Separation Plan and adhere to the milestone dates set forth in the schedule.	$500 per each week or part thereof late
16	Failure to implement the Post Construction Compliance Monitoring Plan and adhere to the milestone dates set forth in the schedule.	$500 per each week or part thereof late
17	Failure to timely submit report/data.	$500 per each week or part thereof late
17	Failure to timely address any IDEM written concerns prior to approval of determination of success.	$500 per each week or part thereof late
18	Failure to timely submit a complete and sufficient CSO CP.	$500 per each week or part thereof late
19	Failure to timely revise and resubmit the CSO CP in accordance with written notice by IDEM.	$500 per each week or part thereof late
20	Failure to comply with any milestone date contained in the schedules set forth in the CSO CP.	$500 per each week or part thereof late

24. Stipulated penalties shall be due and payable within thirty days after the Respondent receives written notice that the Complainant has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of any of the stipulated penalties given above, the Complainant may seek any other remedies or sanctions available by virtue of the Respondent’s violation of this Agreed Order, or Indiana law, including but not limited to civil penalties pursuant to IC 13-30-4.

25. Civil and stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 N. Senate Avenue

Indianapolis, IN 46204-2251

26. In the event that the civil penalty required by Order Paragraph 22, is not paid within 30 days of the Effective Date of this Agreed Order, the Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

27. This Agreed Order shall apply to and be binding upon the Respondent, its successors, and assigns. The Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

28. In the event that any terms of the Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms.

29. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. The Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

30. This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or approval of any submittal made by the Respondent pursuant to this Agreed Order, shall not in any way relieve the Respondent of its obligation to comply with the requirements of any applicable permit or order or with any other applicable federal or state law or regulation.

31. The Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that the Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit or order or any applicable federal or state law or regulation. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties the Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

32. Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable federal or state law or regulation, except that IDEM may not seek additional civil penalties for the violations specified in the Notice of Violation.

33. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“EPA”) or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties the Respondent may incur as a result of such communications with the EPA or any other agency or entity.

34. "Force Majeure" for purposes of this Agreed Order, is defined as any event arising from causes totally beyond the control and without fault of the Respondent that delays or prevents the performance of any obligation under this Agreed Order despite Respondent’s best efforts to fulfill the obligation. The requirement that the Respondent exercise "best efforts to fulfill the obligation" includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force majeure event (1) as it is occurring and (2) following the potential force majeure event, such that the delay is minimized to the greatest extent possible. "Force Majeure" does not include changed business or economic conditions, financial inability to complete the work required by this Agreed Order, or increases in costs to perform the work.

The Respondent shall notify IDEM by calling the case manager within three (3) calendar days and by writing no later than seven (7) calendar days after it has knowledge of any event which the Respondent contends is a force majeure. Such notification shall describe the anticipated length of the delay, the cause or causes of the delay, the measures taken or to be taken by the Respondent to minimize the delay, and the timetable by which these measures will be implemented. The Respondent shall include with any notice all available documentation supporting its claim that the delay was attributable to a force majeure. Failure to comply with the above requirements shall preclude Respondent from asserting any claim of force majeure for that event. The Respondent shall have the burden of demonstrating that the event is a force majeure. The decision of whether an event is a force majeure shall be made by IDEM.

IDEM agrees that, if a delay is attributable to a force majeure, IDEM shall extend, in writing, the time period for performance under this Agreed Order, by the amount of time that is directly attributable to the event constituting the force majeure.

35. This Agreed Order shall remain in effect until the Respondent has complied with the terms of Order Paragraphs 3 through 26 and IDEM issues a Close-Out letter to the Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			City of Aurora
By:	___________________		By:		Hon. Donnie Hastings, Mayor
	Mark W. Stanifer, Chief				City of Aurora
	Water Enforcement Section
	Office of Enforcement
Date:	____________________		Date:		____________________
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
Department of Environmental Management
By:	______________________		By:	________________
	Joseph H. Merrick
	Office of Legal Counsel
Date:	_____________________		Date:	________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF				, 200	.
			For The Commissioner:
			(Signed November 4, 2005)
			Matthew T. Klein
			Assistant Commissioner
			of Compliance and Enforcement

Attachment 1

Sewer Improvement and Separation Plan

Description

The first phase of the project involves the upgrade of the Cochran PS and the construction of the new forcemain. By implementing this phase, flows collected upstream of the combined system will be rerouted directly to the Moore Street Station. Overflows at each existing CSO point will therefore be reduced. By implementing this phase first, lines in the separated system will be accurately sized for twenty-year design flows. If the installation of the new forcemain was implemented last, sanitary lines in the downtown area would be overly sized to accommodate flows until the new forcemain was installed. This would require higher capital construction costs. This phase is expected to be constructed in year three (3) of the ten (10) year schedule.

Each sensitive area identified in this report is a priority for CSO removal. The City’s CSO’s are located relatively close together and each sensitive area identified is downstream of the combined sewer overflow region, with the exception of Area Nos.1 and 2, located next to, and across the river from, the CSOs. Since each area of priority is downstream of or coincident with the CSO discharge points, and the distance from that area to each CSO is similar, each area could be impacted by a discharge event. The best way to prioritize CSOs for removal, therefore, is not by location, but by discharge quantity. By implementing the upgrade of the Cochran station and the new forcemain project as Phase 1, the majority of sanitary flows through the downtown area will be rerouted and therefore eliminated from overflowing. The new forcemain will greatly reduce both overflow volumes and contaminant levels.

Separation efforts comprise two of the project’s three phases – Phases 2 and 3. The second phase of the project will be constructed in approximately year six (6) and will involve separating the southern portion of the system. Phase 2 will comprise approximately 66% of separation efforts. This phase will route all sanitary flow to the Importing Street Lift Station and all stormwater to outfall No. 008.

Phase 3 of the project will separate the remaining 34% of the system, located in the northern downtown area. This phase will also direct sanitary flow to the Importing Street Station. Stormwater flows will be directed to outfalls 009 and 002. CSO 006 will also be plugged and abandoned as part of Phase 3. This final phase will be constructed in approximately year nine (9).

Schedule

Phase 1

Preliminary Eng. Revision	October-November 2005
Design	October-March 2006
IDEM Review	April-May 2006
Bidding	June 2006
Notice of Award/Start Constr.	August 2006
Construction	August-May 2007
System Startup	June-August 2007

Phase 2

Planning	September –February 2009
Design	February 2009-August 2009
Construction	August 2009-August 2010
System Startup	September-October 2010

Phase 3

Planning	September-February 2013
Design	February 2013-August 2013
Construction	August 2013-August 2014
System Startup	September-October 2014

Attachment 2

Post Construction Compliance Monitoring Plan

Phase 1 construction will greatly reduce overflows at CSO 002, 006, 007, 008, and 009. During Phase 2 construction, CSO 007 and 008 will be converted to storm sewer outfalls, therefore CSO discharges at 007 and 008 will be eliminated in their entirety, while discharges at CSOs 009, 002 and 006 will be further reduced. During Phase 3 construction CSOs 009, 002 and 006 will also be eliminated. Before, during and after Phase 1 and 2 construction is completed, the City of Aurora will implement a monitoring program to evaluate compliance with water quality standards. The monitoring will include visual inspection and grab samples. Monitoring will also be done throughout Phase 3 construction. The proposed monitoring will be conducted as follows:

1. Prior to Construction:

E. coli, BOD,TSS and Ammonia testing at outfalls to confirm baseline count. Baseline testing has already been completed at outfalls 002 and 009. Baseline testing will be completed at Outfalls 006, 007, and 008 prior to Phase 1 construction. This will be done for different storm events and various seasons as found practical based on project schedules.

2. Following Phase I and II construction during Wet Weather Events:

Sampling following Phase 1 and Phase 2 construction at Outfalls 002, 006, 007, 008, and 009 during wet weather conditions. Sampling will begin at the start of a discharge event with samples collected every 15 minutes for the first hour of the event and hourly thereafter for the duration of the event. Sampling will be done for three (3) separate precipitation events in order to collect data from different types of storms and multiple seasons. Testing will include E.coli, BOD, TSS and Ammonia.

3. Annually during and following construction until the Sewer Improvement and Separation Plan is fully implemented:

E. coli, BOD, TSS, and Ammonia testing at outfalls to demonstrate improvements during project implementation.

4. Following Phase 3 construction during Wet Weather Events:

Phase 3 will effectively eliminate all combined sewer overflows in Aurora. Sampling following Phase 3 construction will be conducted at Outfalls 002, 007, 008, and 009 (new storm sewer outfalls) during wet weather conditions to verify the combined sewer has been successfully separated. Sampling will be conducted hourly for the duration of the event. Sampling will be done for three (3) separate precipitation events. Testing will include E.Coli, BOD, TSS and Ammonia. All monitoring will be performed at CSO end of pipe locations.

Furthermore, for the third phase monitoring, the sampling of three separate precipitation events shall commence 20 minutes after the rain event begins. With respect to Outfalls 002, 007, 008, and 009, the end of pipe sampling location shall be indicated on a map attachment to each summary report as the first available upstream manhole on each outfall discharge line for Outfalls 002, 007, 008, and 009, because the end of these pipes are submerged in the Ohio River. With respect to Outfall 006, the post construction monitoring needs to provide for visual monitoring to determine whether discharges occur, as this outfall is to be plugged/physically eliminated.