Title
Resolution to Approve Fourth Amendment with Varnum LLP for Legal Services to Contest the National Pollutant Discharge Elimination System (NPDES) Permit for the Wastewater Treatment Plant ($50,000.00)
Memorandum
Your approval is requested for the fourth amendment to the professional services agreement with Varnum LLP (Varnum) in the amount of $50,000.00 for legal services to contest the National Pollutant Discharge Elimination System (NPDES) permit issued by the Michigan Department of Environmental Quality (MDEQ) to the City's Wastewater Treatment Plant (WWTP). This amount also includes amounts to reimburse for expert witness services.
The lengthy history of the City's contest of its NPDES permit, including its collaboration with the Chelsea, Dexter, and Loch Alpine WWTPs, is set out in detail below. Although the contested case has been pending for a long time, it finally went to a hearing before an MDEQ Administrative Law Judge (ALJ) near the end of 2016. This fourth amendment to the professional services agreement with Varnum is intended to cover the final briefing after the contested case hearing, as well as potential follow up activities that may be needed. The total amount of the agreement after the fourth amendment would be $435,500.00. These amounts are the City's share of the contracted services, which is 75%.
MDEQ issues NPDES permits to treatment plants that define the conditions each plant must meet to operate and discharge treated water to surface waters of Michigan. Since December 2000, MDEQ has issued three NPDES permits to the WWTP. Each of these permits included discharge limits for phosphorus based on a total maximum daily load (TMDL) developed by MDEQ to address nuisance growths of aquatic vegetation in Ford and Belleville Lakes. The City has exercised its right to contest each of these NPDES permits with legal assistance from Varnum as described and for the reasons presented below.
During late 1994, the Middle Huron Ini...
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