August 28, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Georgia Environmental Protection Division
Permitting, Compliance, and Enforcement Program
4220 International Parkway, Suite 101
Atlanta, Georgia 30354
ATTN: Jeffrey Larson
Chief, Water Programs Enforcement Branch
Water Management Division
U.S. Environmental Protection Agency, Region 4
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
ATTN: Douglas Mundrick
Subject: Response to July 18, 2003 request from EPA and EPD
First Amended Consent Decree - City of Atlanta
Civil Action File No. 1:98-CV-1956-TWT
This letter responds to the July 18, 2003 request of EPA and EPD, (received effective August 2, 2003 as provided by FACD Paragraph XX) made in connection with an investigation of the cause of the City’s failure to meet the Indian Creek Trunk Relief Sewer Project deadline of February 28, 2003 and monitoring progress toward completion of the Project.
The City of Atlanta recognizes the significance of its failure to meet the February 28, 2003 Indian Creek Sewer Project deadline, and we are committed to remedying the structural defects that have challenged compliance with the Consent Decree project deadlines. To this end, the City has undergone a substantial reorganization in all departments of City government, one with a singular focus on improving operational processes. We believe that the reorganization will enhance our ability to timely complete the mammoth task before us.
The enclosed Consent Decree Systems Analysis Report is submitted as an analysis of obstacles, past and future, to timely completion and potential and/or suggested solutions. The Report addresses the agencies’ concern “that these observed problems may be symptomatic of additional and/or larger problems that the City may be experiencing which may cause the City to fail to meet one or more of the numerous, upcoming project deadlines set forth in the FACD and the Combined Sewer Overflow Consent Decree (CSO CD)” and provides additional detail on past obstacles to timely completion of the Indian Creek Trunk Sewer Project.
The Report also summarizes potential solutions to technical, fiscal and organizational obstacles and explores outcomes to either improve the City’s own internal process or transfer responsibility for compliance to one of several other organizational models rather than implement compliance through general municipal ordinances and processes.
In addition to providing the requested information, the report has offered the City the opportunity to share our marked improvements in administrative structures, adherence to Consent Decree requirements and our proposed solutions to conditions that may otherwise adversely impact construction schedule deadlines.
The centerpiece of our approach is the reorganization of the City of Atlanta administrative departments, specifically the Department of Watershed Management and the service departments of Finance, Law and Procurement. The combined reorganizations are in their early stages, but we are confident that the results will greatly improve how the City responds to the demands of the Consent Decrees. Indeed, this report is a reflection of the collaborative approach that we believe is necessary to meet future deadlines and requirements.
The City appreciates the proactive approach of EPA and EPD in requesting this analysis “to assure that consent decree projects are successfully completed and that there are no surprises when future construction deadlines become due.” Preparation of the Report, despite being completed in a relatively short period of time, has prompted internal dialogue and self-evaluation, which should result in improved processes to assure compliance. As we continue to refine and improve the administrative and legislative processes, to develop and evaluate options to improve our performance related to the consent decrees, we will supplement this response. In addition, we propose to schedule a meeting with EPA and EPD to discuss the Report and any questions or comments.
The City is dedicated to not only achieving full compliance with the Consent Decrees but also with exceeding expectations and providing a best-in-class system designed to make Atlanta a stellar example of an environmentally-attentive municipality dedicated to excellence.
Thank you for your consideration of the enclosed Report. If you require additional information, please let us know or call me at (404) 330-6100.
Sincerely,
Shirley Franklin
cc:
Chief, Environmental Enforcement Section Environmental and Natural Resource Division U.S. Department of Justice 1425 New York Avenue, Room 13065 Washington, D.C. 20530 Ref: DOJ Case No. 90-5-1-1-4195
United States Attorney Northern District of Georgia Richard Russell Building 75 Spring Street, S.W. Suite 1800 Atlanta, Georgia 30335
William Bush, Esq. U.S. Environmental Protection Agency, Region 4 Atlanta Federal Center 61 Forsyth Street, S.W. Atlanta, Georgia 30303
David H. Pope, Esq. 1355 Peachtree Street, N.E. Suite 2000 Atlanta, Georgia 30309
Georgia Environmental Protection Division Permitting, Compliance, and Enforcement 4220 International Parkway, Suite 101 Atlanta, Georgia 30354 ATTN: Marzieh Shahbazaz
Attorney General Department of Law State of Georgia 40 Capital Square, S.W. Atlanta, Georgia 30334
City Team: Jack E. Ravan, Commissioner Lynnette Young, Chief Operating Officer Greg Pridgeon, Chief of Staff Linda DiSantis, City Attorney Robert Hunter, Deputy Commissioner Sally Mills, Chief Environmental Officer Joseph Basista/PMT MWH/Khafra Stacey Abrams, Deputy City Attorney Pilar Penn, Assistant City Attorney Repository (Attn: Marilyn Johnson)
Enclosures: Consent Decree Analysis Report, Indian Creek Trunk Relief Sewer
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Copies of the Consent Decree Analysis Report, Indian Creek Trunk Relief Sewer will be available upon request on 8-29-03 from Janet Ward, Public Information Manager, Department of Watershed Management, at 404.330.6620 or jward@atlantaga.gov.
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