Common use of Legal Implementation Mechanisms Clause in Contracts

Legal Implementation Mechanisms. US EPA has identified a Safe Drinking Water Act (SDWA) variance as the appropriate federal mechanism that will be used to implement this project. The legal provisions found at Section 1415(a)(3) of the SDWA give US EPA the authority to grant a variance from a treatment technique: “upon a showing by any person that an alternative treatment technique . . . is at least as efficient in lowering the level of the contaminant with respect to which such requirement was prescribed.” US EPA Region 5 proposed a variance for Columbus based on implementation of an alternative treatment technique that will be at least as efficient in lowering the level of lead as LSL sampling and replacement.6 US EPA Region 5 intends to issue the variance as soon as practicable, taking into account public comment on the proposal. The variance will become effective only if the City adopts a treatment change, and the treatment change results in an exceedence of the lead Action Level. Columbus will not be considered to be “operating under a variance” unless and until the variance becomes effective. The alternative treatment technique involves closer coordination between Columbus, OEPA and US EPA on water treatment changes as explained below, while allowing Columbus to adjust its existing drinking water treatment, to establish the most effective level of lead treatment in conjunction with its other water treatment processes, so that the entire treatment process will provide the same long-term benefit of protecting the citizens of Columbus as LSL sampling and replacement would. An added benefit is that Columbus has agreed to fund the LSCP at the rate of $300,000 per year. To ensure that the alternative treatment technique is as effective as possible, and provides at least an equivalent level of protection as the existing regulations, extra measures will be taken to ensure its effectiveness. The City will consult with experts in the field of lead treatment, as well as the OEPA, and US EPA Region 5. Consultations will involve optimizing the City’s current treatment, based upon the best technical judgment of the relevant experts. Columbus will implement treatment changes (as defined in the Glossary of Terms) only with the concurrence of the State. Finally, Columbus will carefully monitor levels of lead in the system, and take immediate steps to attempt to reverse any trend towards higher lead levels. Columbus will report monitoring results to OEPA and US EPA Region 5 as specified in Section VI.D of this Agreement. 6 A Notice of Availability of City of Columbus Project XL for Communities (XLC) Draft Final Project Agreement and Safe Drinking Water Act (SDWA) Draft Variance was published in the Federal Register on July 27, 2000 (65 FR 46166). This alternative treatment technique will be at least as efficient as the existing rule in lowering the level of lead in drinking water, since it is designed to ensure that levels are truly minimized system-wide as Columbus implements desired treatment changes. Through this alternative, benefits will be provided to all users, including those users whose LSLs would have been monitored and/or replaced under the existing rule. In addition to these benefits, the project will provide the substantial health benefits associated with the LSCP. In the event that the City of Columbus exceeds the Lead Action Level, the Ohio EPA intends to issue Director’s Findings and Orders addressing the Action Level exceedence and incorporating the schedules for compliance by the City set forth in the FPA. The Ohio EPA reserves the right to address any other of the City’s violations of the Ohio Revised Code and the rules adopted thereunder through enforcement or other means.

Legal Implementation Mechanisms. US EPA has identified a Safe Drinking Water Act (SDWA) variance as the appropriate federal mechanism that will be used to implement this project. The legal provisions found at Section 1415(a)(3) of the SDWA give gives US EPA the authority to grant a variance from a treatment technique: “upon a showing by any person that an alternative treatment technique . . . is at least as efficient in lowering the level of the contaminant with respect to which such requirement was prescribed.” US EPA Region 5 proposed will propose a variance for Columbus based on implementation of an alternative treatment technique that will be at least as efficient in lowering the level of lead as LSL sampling and replacement.6 replacement. US EPA Region 5 intends to issue the variance as soon as practicable, taking into account public comment on the proposal. The variance will become effective only if the City adopts a treatment change, and the treatment change results in an exceedence of the lead Action Levelaction level. Columbus will not be considered to be “operating under a variance” unless and until the variance becomes effective. The alternative treatment technique involves closer coordination between Columbus, OEPA and US EPA on water treatment changes as explained below, while allowing Columbus to adjust its existing drinking water treatment, to establish the most effective level of lead treatment in conjunction with its other water treatment processes, processes so that the entire treatment process will would provide the same long-term benefit of protecting the citizens of Columbus as LSL sampling and replacement wouldreplacement. An added benefit is that Columbus has agreed to fund the LSCP at the rate of $300,000 per year. To ensure that the alternative treatment technique is as effective as possible, and provides at least an equivalent level of protection as the existing regulations, extra measures will be taken to ensure its effectiveness. The City will consult with experts in the field of lead treatment, as well as the OEPA, and US EPA Region 5. Consultations will involve optimizing the City’s current treatment, based upon the best technical judgment of the relevant experts. Columbus will implement treatment changes (as defined in the Glossary of Terms) only with the concurrence of the State. Finally, Columbus will carefully monitor levels of lead in the system, and take immediate steps to attempt to reverse any trend towards higher lead levels. Columbus will report monitoring results to OEPA and US EPA Region 5 as specified in Section VI.D of this Agreement. 6 A Notice of Availability of City of Columbus Project XL for Communities (XLC) Draft Final Project Agreement and Safe Drinking Water Act (SDWA) Draft Variance was published in the Federal Register on July 27, 2000 (65 FR 46166). This alternative treatment technique will be at least as efficient as the existing rule in lowering the level of lead in drinking water, since it is designed to ensure that levels are truly minimized system-wide as Columbus implements desired treatment changes. Through this alternative, benefits will be provided to all users, including those users whose LSLs would have been monitored and/or replaced under the existing rule. In addition to these benefits, the project will provide the substantial health benefits associated with the LSCP. In the event that the City of Columbus exceeds the Lead Action Level, the Ohio EPA intends to issue Director’s Findings and Orders addressing the Action Level action level exceedence and incorporating the schedules for compliance by the City set forth in the FPA. The Ohio EPA reserves the right to address any other of the City’s violations of the Ohio Revised Code and the rules adopted thereunder through enforcement or other means.