The city of Duluth and Western Lake Superior Sanitary District agreement to stop sewage overflows is officially filed in federal court, signaling approval by the federal government.
The deal -- struck over the past five years between the two local governments and the federal Environmental Protection Agency, U.S. Department of Justice and Minnesota Pollution Control Agency -- was filed Tuesday in U.S. District Court in Minneapolis.
The court document requires the city and WLSSD to jointly spend $130 million by 2016 to fix the problem of rainwater leaking into the sanitary sewer system that sometimes causes massive overflows and bottlenecks in the system.
The EPA notes that, between 1999 and 2004, the city and the district saw at least 250 sewer overflows totaling more than 47 million gallons of untreated sewage entering the St. Louis River and Lake Superior.
The money, much of which already has been spent, goes to construct sewage overflow tanks and basins at key locations as well update pumping stations and other elements of the sewage collection system.
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The city also is spending money to disconnect homeowner's basement drains from the sewer system and to replace lines that run between homes and streets.
The fix will help keep untreated sewage out of Lake Superior but will cost homeowners and businesses more each month to pay for improvements through higher monthly fees and taxes.
"Duluth and the sewer district worked with the federal and state governments to agree on a remedial plan and settlement that will protect water quality in the Duluth area without the need for expensive and time-consuming litigation,'' said John C. Cruden, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division, in a statement announcing the final agreement.
The WLSSD and city also will combine to pay a $400,000 penalty, half to the EPA and half to the PCA.
The city and WLSSD have joint jurisdiction over the sewage system. The city owns and operates the arterial system of sewer collection lines and pump stations while the WLSSD operates larger lines and the sewage treatment plant in Lincoln Park-West End.
The consent decree is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Department of Justice Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html .