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Port Clinton law director says city may move to end 1999 wastewater consent decree
Summary
Law Director Ms. Shenker told council the Federal EPA has signaled willingness to start paperwork to terminate a 1999 consent decree after reviewing the city's compliance; an ordinance to authorize termination was introduced and set for a second reading March 24.
Port Clinton’s Law Director said on March 10 that the city could seek termination of a 1999 consent decree governing wastewater improvements after what she described as recent federal engagement.
“Since then, the city has done what was required plus more,” Law Director Ms. Shenker said, recounting the consent decree history. She said a 2019 ordinance to terminate the decree was delayed by disagreements between the Federal EPA and the Ohio EPA, and that in 2026 the Federal EPA called Wastewater Treatment Foreman Dave Bacak to begin paperwork to terminate the decree.
Ms. Shenker said the Federal EPA had presented evidence that the city was performing well enough that the State EPA no longer had a case. A first-reading ordinance (Ordinance 11-26) authorizing action to terminate the Sept. 8, 1999 consent decree was introduced and will appear for its second reading March 24; no vote on termination occurred at the March 10 meeting.
Council took no formal action on the ordinance at the meeting. The Law Director’s comments provided context for why the administration is pursuing formal termination procedures rather than leaving the decree in place.
If council advances Ordinance 11-26 at the March 24 meeting, the city would be authorizing the Safety and Service Director to take the administrative steps described in the ordinance; the transcript does not spell out the subsequent procedural steps or a timeline for final federal or state approvals.
