WHEREAS, the City of Atlanta (“City”) has experienced violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance as set out in Exhibit “A” hereto; and

WHEREAS, these violations are subject to stipulated penalties imposed at the discretion of the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT, Paragraph XI.D.2; and

WHEREAS, the Department of Watershed Management of the City does not dispute the fact these violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance did occur; and

WHEREAS, the payment to EPA and EPD of this assessment by the City does not constitute a finding or adjudication, is not to be evidence of a violation of state or federal laws by the City, nor does the City by its consent agree to any violations of state or federal laws or admit any liability to any third party or parties; and

WHEREAS, funds for this purpose are available in account number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration); and

WHEREAS, the CSO Consent Decree, Section XI.O similarly provides for payment of interest on late payment of stipulated penalties; and

WHEREAS, it is deemed to be in the interest of the City to accept the proposed stipulated penalties and to pay the incident assessments to them; and

THE City COUNCIL OF THE CITY OF ATLANTA hereby resolves, that the Chief Financial Officer of the City is authorized to issue checks in the amounts of  Seventeen Thousand Dollars and Zero Cents ($17,000.00) payable to the Treasurer, United States of America as stipulated penalties imposed pursuant to the CSO Consent Decree at the discretion of the Environmental Protection Agency and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia for said violations for Failure to Maintain Adequate Operational Standards - Effluent Fecal Coliform Exceedance at the Custer Avenue Combined Sewer System Control Facility and the Clear Creek Avenue Combined Sewer System Control Facility on January 15, 2016; and

Be it Finally RESOLVED that the said payments be chargeable to Account Number 5051 (Water & Wastewater Revenue Fund) 170201 (DWM Wastewater Treatment & Collections) 5730009 (Penalties) 4310000 (Sanitary Administration) COA.