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R-14-48 <br />A RESOLUTION CONSENTING TO THE SETTLEMENT OF AN ADMINISTRATIVE <br />COMPLAINT BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br />REGION III AGAINST THE CITY OF PORTSMOUTH. <br />WHEREAS, the City of Portsmouth has a stormwater permit that is administered by the <br />Commonwealth of Virginia and enforced by both the Commonwealth and the Environmental <br />Protection Agency (EPA). This permit governs discharges from the MS4 to waters of the <br />Commonwealth and imposes certain operational and reporting requirements on those systems; and <br />WHEREAS, in June 2012, the EPA and the Virginia Department of Conservation and <br />Recreation conducted an inspection of the City's Municipal Separate Storm Sewer (MS4) Program; <br />and <br />WHEREAS, after the .inspection, the EPA completed its program evaluation and issued a <br />final report in September 2013 after consultation with the City; and <br />WHEREAS, as a result of the findings outlined in the final report a proposed Administrative <br />Penalty Order was issued in August 2014, and a final draft APO has been negotiated by the City and <br />the EPA; and <br />WHEREAS, as a result of its discussions with the City, the EPA has agreed in principle to a <br />proposed settlement that includes five modifications to the City's stormwater program plan and a <br />reduction in the civil penalty to $25,000 from $50,000; and <br />WHEREAS, in order to proceed with resolution of the matter, the City Council must give its <br />consent to the settlement which will be implemented by two orders: a Consent Order and Final <br />Agreement and an Administrative Order for Compliance on Consent. <br />NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia <br />that it hereby finds that the proposed settlement is in the best interests of the City and gives its consent <br />to the settlement. <br />BE IT FURTHER RESOLVED that the City Manager, or his designee, be and hereby is, <br />authorized to execute the Consent Order and Final Settlement and the Administrative Order for <br />Compliance on Consent and such other assurances and documents as may be deemed in the best in <br />interest of the City regarding this matter. <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on December <br />9, 2014. <br />Teste: <br />City Clerk <br />