letter to regulators re msd-city communications

City of Cincinnati

Office of Mayor John Cranley 801 Plum Street, Suite 150Cincinnati, Ohio 45202Phone (513) 352-3250Fax (513) 352-5201Email: John.Cranley@cincinnati-oh.gov

August 26, 2014

Craig W. ButlerDirector, Ohio EPA50 West Town Street, Suite 700P.O. Box 1049Columbus, Ohio 43216-1049

Re: Communications with the Metropolitan Sewer District of Greater Cincinnati (MSDGC) and the City ofCincinnati.

Dear Director Butler:

As Mayor and City Manager of the City of Cincinnati, we write to confirm the long-standing line ofcommunication between Ohio EPA and the Metropolitan Sewer District of Greater Cincinnati (MSDGC).As set forth below, the sole point of contact regarding the operation and management of MSDGC is itsExecutive Director, and no one but he or his designee is authorized to speak for MSDGC on thosematters.

The City of Cincinnati is a home rule charter city under the Ohio Constitution. The City of Cincinnati isthe owner of extensive sewer system assets. Under its charter, the City of Cincinnati manages andoperates those assets through the City Department of Sewers.

The City of Cincinnati in 1968 entered into a 50-year agreement with the Hamilton County Board ofCommissioners to create MSDGC as a county sewer district. Subject to City management, the Cityagreed to lend its assets for county use so that the county could provide sanitary sewer service incompliance with health and environmental laws, which the County was unable to do on its own. TheCity passed an ordinance granting a license to use the City’s assets for the creation of the district, andthe 1968 Agreement was executed to establish the terms of the how the district would be operated. Inexchange for its use of the City’s sewer assets, the County agreed that the City would serve as the solemanagement agency and operator of the entire county district. Sole management under the 1968

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Agreement includes sole responsibility and authority for planning, design, construction andimplementation of all projects and the operation and management of all MSDGC assets and personnel.

Under the 1968 Agreement and the Charter of the City of Cincinnati, management of MSDGC is vested inthe Executive Director of MSDGC. No person or entity speaks for MSDGC on matters regarding themanagement and operations functions set forth in the Agreement other than the Executive Director orhis designee.

Similarly, the City of Cincinnati is a Defendant in federal Consent Decrees entered by the U.S. DistrictCourt for the Southern District of Ohio in 2004, to which Ohio EPA is also a party. The City recognizesthat it remains responsible under the Consent Decrees unless and until those decrees are terminated ora successor in interest is approved according to the terms of the Consent Decrees. Absent a terminationor the confirmation of a successor in interest, the City of Cincinnati speaks for itself as a Defendantthrough the City Manager or Executive Director of MSDGC or their designee. No other party, entity orperson is authorized to speak for the City of Cincinnati in matters relating to the Consent Decrees.

The City of Cincinnati is justifiably proud of its long management and operation of MSDGC and itsrecognized leadership in the cost-effective delivery of outstanding professional service. Theenvironmental and health improvement in our region over the last four and half decades of the City’smanagement and operation of MSDGC is substantial. The City of Cincinnati looks forward to continuingthis improvement for the benefit of our citizens, ratepayers, customers and our region for many decadesto come.

By this letter, the City of Cincinnati confirms the high importance it has always placed upon full andtimely communication with Ohio EPA as fundamental to its role as sole manager and operator and as anowner of regulated assets. As always, should you have any questions, please do not hesitate call at yourconvenience.

n Cranley Scott StilesMayor Interim City Manager

CC Harry Black, Incoming City ManagerJames A. Parrott, Executive Director MSDGCBarbara Van Til, US EPA Region VBonnie Buthker, Ohio EPA SWDO