This post is found in the State Board of Accounts Most Recent Report filed September 30th, 2010 for the fiscal year ending December 31st, 2009, Page 31.
http://www.in.gov/sboa/WebReports/B37601.pdfThis project was initially identified and to be resolved back several years ago, McDermott's people have never address the concern. Now there is a non compliance portion ranging in cost from $400,000 to $300,000 in fines.
[quote]
Noncompliance – Legal/Contractual Provisions
A Consent Decree resolving the case of the United States of America, on behalf of the U.S.
Environmental Protection Agency vs. The Sanitary District of Hammond, et al. Civil No. 2:93CV
225 JM was approved and entered by the District Judge on June 17, 1999. The Consent Decree
contains both specific and general tasks and obligations and goals which are to be accomplished
within prescribed deadlines. The Consent Decree provides for the payment of stipulated penalties
in the event of the District's failure to comply with specified wastewater treatment plant performance
standards or to achieve facility improvement programs within the time limits imposed.
The District is currently in negotiations with representatives of U.S. EPA Region 5, the United
States Department of Justice and the Indiana Department of Environmental Management. The
subject of the negotiations is generally to modify the terms of the above Consent Decree so as to
contain additional obligations of the District with regard to the District's Long Term Combined
Sewer Overflow Control Plan.
It is believed that the amended Consent Decree will incorporate a
long term CSO control plan, with deadlines for the implementation of the plan's components. The
scope of the long term CSO control plan will be determined in part by a financial capability
assessment designed to determine the economic and social impact of such a substantial public
works project along with a use attainability analysis established pursuant to state and federal
regulations.
The total cost of this project could be as high as $80,000,000 over 20 years.
The Department of Justice, the U.S. EPA Region 5 and the Indiana Department of Environmental
Management are seeking civil penalties as provided in the existing Consent Decree for certain
NPDES Permit pollutant parameter violations alleged to have occurred over the last five years in
the sum of $473,000.
The District denies the existence and/or the extent of most of these
violations.
The District's liability is estimated to be less than $300,000 for such civil penalties.[/quote]