Office of the City Manager INFORMATION CALENDAROctoberr 13, 2009 To: Honorable Mayor and Members of the City Council From: Phil Kamlarz, City Manager Submitted by: Claudette Ford, Director, Public Works Department Subject: Sanitary Sewer System – I nspection and Administrative Order by the U.S. Environmental Protection Agency INTRODUCTION This report provides additional information as a companion to the City Auditor’s Report on the same agenda. In the fall of 2008, the City of Berkeley was alerted by the East Bay Municipal Utility District (EBMUD) that they were in negotiations with the U.S. Environmental Protection Agency (EPA) regarding a potential court order. The EPA had determined that all discharges from EBMUD’s wet weather facilities were in violation of the Clean Water Act. EBMUD was alerting the City that the EPA was alleging that wet weaather flows ffrom the City’s sewer ssystem werre contributing to the illicit discharrges and that the City would soon be subject to an inspection by the EPA. EPA completed an inspection of the City’s sewer system in April 2009 and issued the Draft Findings of Violation and Order for Compliance (Compliance Order) on September 29, 2009. The Compliance Order found the City of Berkeley to be “causing and/or contributing to unauthoorized dischharges fromm the EBMUUD Wet Weather Faciliities”. CURRENT SITUATION The federal Environmental Protection Agency (EPA) and the State Water Resources Control ...