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City agrees to comply with Clean Water Act

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Faced with hefty fines of more than $27,000 a day for violating the federal Clean Water Act, the city of Jeffersonville has reached a settlement with the federal and Indiana governments, the Department of Justice, and the U.S. Environmental Protection Agency.

The settlement resolved long-standing problems with sewer overflows into the Ohio River and local streams.

The United States filed a suit simultaneously with the consent decree, alleging the city was discharging more pollution into local waterways than allowed by existing permits. In the suit, the U.S. was seeking between $27,500 and $37,500 per day for each violation of the CWA. The state was seeking $25,000 per day for each violation.

The suit and consent decree come as a result of violations to the National Pollutant Discharge Elimination System (NPDES) permits issued to the city in 1999 and 2006. Jeffersonville's sewer system would carry overflow into streams and rivers when swollen with heavy rain or melted snow. Jeffersonville, the Department of Justice, the EPA, Indiana Attorney General, and state and federal governments have been negotiating a settlement for several years after the EPA and Indiana Department of Environmental Management investigated Jeffersonville.

In the decree, Jeffersonville agreed to develop and implement a long-term plan to prevent discharges of untreated wastewater by April 1, 2010. The city has until 2020 or 2025 to eliminate overflows to the Ohio River where feasible, as well as update and improve its sewer systems.

Jeffersonville agreed to pay a $49,500 civil penalty to the U.S. and $8,250 to the state. The state reduced its civil penalty from $82,500 provided the city completes supplemental environmental projects.

The total costs to upgrade the systems are estimated between $100 million and $150 million.

The consent decree is subject to a 30-day public-comment period and approval by the federal court. The decree can be found on the Department of Justice's Web site.

Jeffersonville took the initiative to try to fix the sewer-overflow problems, and was extremely cooperative throughout the negotiation process and negotiated in good faith, said Indiana Attorney General spokesperson Bryan Corbin.

The consent decree and suit were filed Thursday afternoon in U.S. District Court, Southern District of Indiana, New Albany Division.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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