Union criticizes judge's direction to ignore contracts, clean up Detroit sewage plant

[SpartanDem]

Source: Detroit Free Press

U.S. District Judge Sean Cox has told Detroit officials they can disregard the city charter and union contracts to speed the clean up of pollution at the sewage plant on the Detroit River.

Cox gave city officials 60 days to come up with plan to comply with the Clean Water Act. “If these local officials fail to devise and propose a workable solution to remedy the underlying causes of the serious and recurrent violations…this court will directly order a more intrusive remedy,” Cox said.

Union leaders immediately criticized the ruling, calling it an attack on home rule in Detroit. He seems to be suggesting that some type of dictatorship can solve this,” said John Riehl, president of AFSCME Local 207, which represents Detroit Water and Sewerage Department workers. “I don’t believe they have the right to do this.”
......
The city’s failure to comply with pollution laws is due in part to “various provisions of the city’s charter and ordinances and by existing contracts that prevent the city from making fundamental changes in the identified problem areas,” Cox wrote




Read more: http://www.freep.com/article/20110909/NEWS01/110909047/Union-criticizes-judge-s-direction-ignore-contracts-clean-up-Detroit-sewage-plant-?odyssey=tab|topnews|text|FRONTPAGE

[newblewtoo]

1. I can't believe this has been ongoing since 1977.

I am bit suspicious of the timing of the article, I guess I have always been paranoid.

Today’s order is the latest sign of Cox’s growing impatience with a lawsuit begun in 1977. Cox took over the case in December from Judge John Feikens who had overseen it since its inception. Feikens died earlier this year.


The city’s failure to comply with pollution laws is due in part to “various provisions of the city’s charter and ordinances and by existing contracts that prevent the city from making fundamental changes in the identified problem areas,” Cox wrote

But then I think about this line from the article "growing impatience" ? That I would be impatient after all these years is a mild understatement.

[SpartanDem]

2. You can read the full order here

DWSD has in an out complice with Clean

Highkight what said
On May 6, 1977, the EPA initiated this case against the State of Michigan, the City, and
the DWSD. The action was originally assigned to the Honorable John Feikens. The State of
Michigan was realigned as a party plaintiff because of the mutuality of interest in the subject
matter of this case. (Joint Stmt. of Stipulated Facts at ¶ 1). By Order dated June 29, 1977, Judge
Feikens joined as parties the 17 governmental entities that received wholesale sewerage services
from the DWSD pursuant to written contracts (the “First Tier Customers”). By Order dated July
6, 1977, Judge Feikens joined as parties all communities whose wastewater was treated by the
DWSD pursuant to either First Tier Customer contracts with the DWSD or contracts between
such First Tier Customers and their constituent community customers. (Joint Stmt. of Stipulated
Facts at ¶¶ 7 & 8).

The EPA’s May 6, 1977 Complaint alleged, among other things, that the discharged
effluent from the DWSD’s WWTP was in violation of the federal Clean Water Act. (Joint Stmt.
of Stipulated Facts at ¶ 2). The Complaint further alleged that: “the number of personnel
employed has not been sufficient, personnel are not adequately trained, and
purchasing of necessary and required supplies and equipment has not been timely or at an
acceptable level . . .” (Joint Stmt. of Stipulated Facts at ¶ 3).

.....
The Court finds that human resources issues have been a chronic problem for the DWSD
for the past 34 years. Specifically: 1) having an insufficient number of qualified personnel at
the WWTP has been a chronic problem for the DWSD; 2) there are excessive and unnecessary
delays in hiring qualified personnel across all job positions at the DWSD; 3) the DWSD’s
required use of the City’s Human Resources Department results in significant delays in filling
critical positions at the DWSD; 4) the City’s personnel policies, civil service rules, and union
rules and agreements restrict the compensation, recruitment and prompt hiring of necessary
personnel at the WWTP; 5) there is insufficient training of personnel at the DWSD and its
WWTP; 6) the DWSD’s WWTP has an insufficient number of certified operators for a
wastewater treatment plant of it size and complexity; 7) the DWSD is currently facing a serious
staffing crisis as a significant portion of its experienced workforce is ready to retire; 8) the City has failed to develop an adequate succession plan as to the DWSD and the WWTP; and 9) the job descriptions and qualifications for various positions within the DWSD are obsolete.
The above human resources issues have prevented the DWSD from achieving sustained
compliance with its NPDES permit, the various remedial plans in this action, and the Clean Water Act.




http://www.scribd.com/doc/64383011/2011-09-09-Opinion-and-Order-Denying-Without-Prejudice-City-of-Detroit-Motion-to-Dismiss-EPA-Lawsuit

[newblewtoo]

3. Thank you for the link

Many cities face similar problems with waste water operations.