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Regulatory Information

The Consent Decree between the City of Baton Rouge/East Baton Rouge Parish (City-Parish), the U.S. Environmental Protection Agency (EPA), and the State of Louisiana was entered into in 1988. Since that time, terms have been refined and negotiated and were updated in the 2002 Consent Decree. The 2002 Consent Decree takes the place of the original document. However an “Agreement and Order Regarding the Modification of the Consent Decree” was lodged in late 2008 and then was approved by the EPA, State of Louisiana, and the Department of Justice (DOJ) in early 2009. The 2009 Consent Decree Modification includes additional provisions to the terms of the 2002 Consent Decree. The 2009 Consent Decree Modification adopts the C-P September 2008 Second Remedial Measures Action Plan (RMAP2) which includes comprehensive rehabilitation projects, capacity improvement projects, and wastewater treatment and storage improvement projects. In addition, there are some specific projects associated with the consolidation of the Central and South Wastewater Treatment Plants that are also a part of the plan. These projects are expected to improve efficiencies and position the C-P for millions of dollars in fiscal savings through the 25-year planning period.

In addition, in late 2012 the City-Parish submitted a request for compliance schedule extension (4 years) which was approved by DOJ, EPA, and LDEQ on June 16, 2013 in the “Revised Second Agreement and Order Regarding the Modification of the Consent Decree” (aka Revised Second Consent Decree Modification) which extends the overall completion date to December 31, 2018. The City-Parish proposed these compliance schedule project adjustments to defer the lower priority rehabilitation projects and those capacity projects in the upper reaches of the system while accelerating the additional North Wastewater Treatment Plant (NWWTP) Master Plan projects and NWWTP Public Project. There were many factors behind the reasons for the extension request, the greatest being due to the many force majeure events which affected the City-Parish directly during program implementation, in addition to the affordability issues the City-Parish was facing. The 4 – year extension request includes several additional projects outside of Consent Decree requirements that will greatly help improve operation and maintenance of the sewer collection system, and reduce sewer overflows even more dramatically.  These projects include emergency generators at the 400+ pumping stations, and the installation of a state of the art SCADA real-time control system to allow the City-Parish to manage wet weather flows to maximize in system storage and treatment to reduce overflows.  The City-Parish is currently following the 2002 Consent Decree, the 2009 Consent Decree Modification, and the 2013 Revised Second Consent Decree Modification.

Periodically the City-Parish Department of Environmental Services posts regulatory resources and deliverables associated with the 2002 Consent Decree, the 2009 Consent Decree Modification, and the 2013 Revised Second Consent Decree Modification in the Public Regulatory Document Repository.

For more information, a complete copy of all documents can be accessed by clicking the links below:

Public Regulatory Document Repository

Below is a list of public regulatory documents currently available:

Other Consent Decree Related Documents

Annual Reports to EPA

Quarterly Reports to EPA