Sewer
settlement would cost county millions
Dec.
5, 2005 -- It
will take the county several years and millions
of dollars to repair leaky sanitary sewer lines
as required under a proposed settlement to a
state lawsuit over sewer overflows.
The
state attorney general's office has not officially
filed the suit alleging improper sewage dumping
during May 2004, but a draft has been sent to
the county and 28 other communities, as well
as the Milwaukee Metropolitan Sewerage District.
The
communities, including the county, have been
working to reach a settlement with the state
in advance of the actual filing of the suit.
The
proposed settlement calls for communities to
make varying degrees of repair to its sewer
systems. The county would be required to survey
its sewer system and make repairs to prevent
excessive leaks.
"Engineering
staff thinks the County will find enough problems
during the SSES (Sewer System Evaluation Survey)
that it will take several years to correct them
at any affordable budget level (say $3,000,000
per year)," Principal Assistant Corporation
Counsel John Schapekahm wrote in a memo to County
Board Chairman Lee Holloway.
The
sewer survey alone will likely cost about $1
million, Schapekahm said.
Schapekhahm
is recommending the county accept the settlement
offer.
The
Milwaukee Common Council's Judiciary and Legislation
Committee already has recommended the city accept
the settlement. The 2006 cost to the city is
estimated at $2.5 million, according to a fiscal
note. A portion of that would have been spent
anyway on manhole inspection and rehab, according
to city documents.
While
negotiations between the state and MMSD broke
down, Schapekahm wrote, the 29 communities continued
to negotiate with the state.
The
proposed settlement, Schapekahm wrote, includes
provisions for:
-
No
fines or penalties for alleged past violations.
-
No
admission of liability for alleged past
violations.
-
No
penalties for future overflows under most
circumstances as long as settlement obligations
are fulfilled.
-
Requirements
for sanitary sewer surveys and repairs.
Settling
the suit, he said, would allow the county and
other communities "to control the costs
of the communities' fixes. This eliminates the
risk of a more costly fix being ordered by the
Court."
In
addition, he said, "Settlement would avoid
defense costs for the State action, which could
run $100,000 or (much) more depending on the
retention of specialized outside counsel. Milwaukee
County would likely have to go it alone against
the resources of the State of Wisconsin, since
the 28 other communities seem intent on settling
with the State on the terms of the proposed
stipulation."
The
communities could be relieved of their obligations
under the settlement if the state adopts the
Taxpayer Bill of Rights or similar spending
restraints.
If
the settlement is approved by the communities
involved, it will be put forward for public
comment before being submitted to a court for
final approval.
To
read Schapekahm's memo and the proposed settlement,
including the requirements for individual ommunities
involved, click here.
