Belowis Mr Adkins’ recentpostfoundonthe newlyrevisedcity website. (Itwasn’t easy to find theManager’s Blog. The “site tools” button, in tiny type at the bottom of the page,givesyou a drop down menu and you must chose “site map” and scrolldown thelistof contents to City Manager. Also undersite map is theFinancial Transparency Portal under Finance Dept, if you areinterested in trying to decipher it.

Adkins istellinghisstory witha typical slanted spin. Hedescribes the news station’s storyasinaccurate. Stories are not necessarily based in fact. Thefacts are contained in the Consent Decree athttps://www.courthousenews.com/deal-with-feds-requires-ohio-city-to-fix-sewer-system/

Here’sAdkins’ story with commentshighlighted in italics.

EPASewer Agreement InformationFEBRUARY14, 2018

Overthe weekend, an inaccurate storycame out regarding the Long Term Control Plan we agreed upon with theEPA. The news station (whatnews station?)whoposted the article has since updated the storywith an Editor’s Note (where?),but we know there are questions and want to clarify as much aspossible.

Thisis all part of the Long Term Control Plan that we’ve been talkingabout as a city and with the EPA for over ten years. Thelawsuit discussed in the story is thecompletion of the process, not the beginning. The Consent Decree inthe lawsuit represents the completed deal.

Thenews story seems to indicate thatthe city has long been in litigation and has paid lawyers and courtcosts unnecessarily for over ten years, just to avoid doingwhat they will have to do eventually anyway --- that is separate thesewers. The Long Term Control Plan is a detour, a plandoomed for failure and a waste ofmore time and money since it doesn’t separate the sewers. Also the Consent Decree does not specifically say Adkins’ LongTerm Control Plan is a feasible solution. If Middletown tries toimplement the Long Term Control Plan and it fails as a solution (andsuch folly surely will fail), the city will be fined heavily againand will be back to square one after having wasted more time and money on Adkins’ folly instead of just complying with EPA orders toseparate the sewers.

Everycity in Ohio that was built in the same time frame as Middletown isgoing through this process and also has had to address these issues.That was the standard construction of sewers at the time. It was thebest practice in place at the time, over 100 years ago. If you lookat my earlier blog posts,youcan see the large number of cities that have been or are goingthrough this exact same process.

What’sunique about Middletown compared to other cities is thelongterm failureto comply with EPA mandatesina timely fashion and misappropriating3enterprise funds --- water, sewer, and storm water sewer. It isillegal for these enterprise funds to be used for anything other thantheir designatedpurpose. Yet,Council repeatsthis illegal deed on a regular basis under theguidanceofMr Adkins. Theenterprise funds collectedon water bills (somesincethe 1970’s),amountingto hundreds of millions of dollars ---have alldisappeared!!!.

TheEPA didn’t file the suit until now because wewere working together toresolve the situation. Every Ohio city that has already executedtheir consent decree but hasn’t fully completed their obligationsis still likely in violation in some manner with EPA regulations.

Thecity worked with EPA because the court has finally forced them tocomply.

Weissued a press release in December to further clarify the actionsbeing taken:

ForImmediate Release

Agreementto Clean Water Act Proposed Consent Decree by Middletown, Ohio

Middletown,OH (December 21, 2017) — The City of Middletown, Ohio has agreed tothe terms of a proposed consent decree with the United States and theState of Ohio to resolve threatened U.S. EPA and Ohio EPA enforcementclaims under the Clean Water Act due primarily to combined seweroverflows (CSO’s). The proposed consent decree includes three majorwork components: 1.) Implementation of a Long-Term Control Plan(LTCP) to reduce CSO’s into the Great Miami River; 2.) Commitmentto planned sewer system rehabilitation; and 3.) Commitment to plannedwaste water treatment plant (WWTP) rehabilitation. All of thesecomponents are to be implemented over 25 years (by 2043). TheCity’s agreement allows the City to avoid protracted, costly anddisruptive federal court litigation, the results of which would beuncertain.

Thecity has already incurred “costly and disruptive federal courtlitigation” due to non-compliance with EPA mandates over the last40 plus years. Fines levied for non-compliance over the years areprobably unpaid as well.

Again,the EPA is not concerned with feasibility of Adkins’ Long TermControl Plan. The EPA neither condemns nor approves the folly ofAdkins’ Long Term Control Plan. The Consent Decree does require thesewer separation, halt of pollution of the water supply and rehab ofthe entire sewer system. The EPA won’t dictate how to achievethis. But failure is not acceptable.

“Thismutual agreement allows the City to prioritize criticalinfrastructure improvements to the sewer system and treatment plantthat were already plannedwhile improving water quality in the Great Miami River,” said CityManager Doug Adkins. “These improvements align with the City’soverall revitalization efforts to make Middletown a great place tolive, work, and grow, transitioning from our bright past to ourbrighter future.”

Pleasenote thattheinitialinfrastructure improvementswere planned inthe 1970’s, and were to be paid for with the addition of amandated“sewer charge” to the water bills fora period of only10years whichwouldcollect $74 million to completely pay for the project.Butthe improvement project was never initiated and the collected,mandated funds were illegally siphoned off, misappropriated and neverreturned. Thefunds are gone. Fortyyears later the original, mandated sewer charge is still on the waterbill plusan additional storm water sewer charge which will be increasedannually over the next 25 years to satisfy the Consent Decree handeddown by the court. What’sto stop city hall and Mr Adkins’ continuing misuse of these funds? It’s a matter of record in Council meetings that Adkins hassuccessfully advocated that Council transfer funds from all3 enterprisefunds---water, sewer andstorm water sewerfunds to illegallypayfor street repairs.

ProposedConsent Decree Agreement Basics

Long-TermControl Plan

Constructionof two large storage tanks and associated pump stations

Storm Water Redirection Project including new storm sewer and pump station

Green Infrastructure Project to divert storm water flow tributary to the Combined Sewer System into a regional detention basin

Estimated Cost $112 million

First, it is totally impractical to think that a storage tank or two will contain water run off (from the entire surface of Middletown) due to a particularly heavy rain possibly totaling millions of gallons. Where would this pair of (insufficient) colossal tanks and regional detention basin be located? Obviously, this is folly, pie in the sky and more waste of time and money. It isn’t even a good bandaid. Council --- why aren’t you asking to see the design and plans for this before contracting with some shyster who will say he can construct this folly? Are you going to approve one of your famous contracts (similar to contracts with downtown “revitalization investors”) which contains no recourse for failure to complete?

SewerSystem Rehabilitation

Rehabilitation of 40 miles of sewer pipe which is at or near the end of its useful life

Estimated Cost $74 million.

WWTP Rehabilitation (Wastewater Treatment Plant)

Critical rehabilitation and upgrades to major treatment plant components which are necessary for the plant to remain viable over the next 25 years

Estimated Cost $79 million

Inaddition, the City has agreed to complete a SupplementalEnvironmental Project (SEP) to significantly reduce the civil penaltyfor the alleged violations.The SEP includes capping of sediments in a designated section of theHydraulic Canal adjacent to the STM (810First Ave., Citycontact in 7/15/2009 Mike Robinette)/Wrenn Site. The project allows the City to obtain a “Covenant Notto Sue” from the Ohio EPA for the site under the Voluntary ActionProgram, which in turn will allow for future redevelopment of thesite. Thecivil penalty has been reduced to $55,000 in consideration of thisproject.

Adkinsrefers to The EPA’s civil penalties on Middletown as “allegedviolations?!?! Whatwould EPA think of this terminology? The STM/Wrenn Site and the adjacent Hydraulic Canal finesare fromyearsof“alleged”violation. Theseare not the only continuingviolationsand unpaid fines listed by the EPA!!!

“Thisproject is a “win-win” for the City and Ohio EPA,” said Adkins.“It will create a clean, shovel-ready building site for futuredevelopment consistent with the Downtown Master Plan.”

Theproposed consent decree has now been filed in the Federal DistrictCourt for the Southern District of Ohio. The filling will initiate a30-day comment period. Should no significant comments be receivedobjecting to the agreement, the US Department of Justice is expectedto file a motion asking the court to enter the proposed consentdecree as final and effective.

Thisplan helps to fixa century-old problem.It is a solution that not only solves the EPA combined sewer issue,but also upgrades our sewer plants and associated piping to maintainviability of our water and sewer infrastructure into the future. Italso improves quality of the water in the river and addresses an oldindustrialbrownfield site,making it available for redevelopment.

Yes,there are some very old sewer lines in Middletown. The problem whichEPA is requiring to be remedied was first addressed in the 1970’sand had to do with separation of the old original storm water andsanitary sewers in downtown Middletown, because of the subsequentdischarge into the river, of untreated sewage in violation of theClean Water Act. The planned solution was EPA approved, andmoney was collected via sewer charges on water billsbut the separation of sewers never happened.

Industrialbrownfield sites (Wrenn paper and Aeronca sites for example) thatAdkins mentions above were initially separate issues which shouldhave been resolved years ago, and the Federal Superfund moneywhich Middletown obtained for Aeronca’s cleanup was illegallymisappropriated (siphoned off) for other city obligations or claimedfor the old catchall administrative fee, leaving the cleanupunfinished or short of EPA approval. This is just one reason forsome of the fines EPA has levied. Now the cleanup and fines willcome out of the taxpayer’s pocket.

NeitherAdkins nor Journal News reporter, Richter, has revealed that there isa specific schedule over the next 25 years for replacing sewer linesand updating the entire system. If the deadlines are not met, veryheavy fines will be levied. The schedule and possible fines arelisted in the 30+ page consent decree.

MrAdkins didn’t mention in his blog post anything about the increasein our water bills or the fact that the bills will continue toincrease 10 to 15 percent every year for years to come (at least 25years) in order to pay the inflated costs.

Noneof this is or will be Mr Adkins’ problem since he is nearing theend of his 5 year plan to leave Middletown in ruins and be handsomelypaid for it. By the way has anybody, including Council, ever seen acopy of this plan?

Thanksto middletownscouter’spostwe can read, firsthand, (athttps://www.courthousenews.com/deal-with-feds-requires-ohio-city-to-fix-sewer-system/)aboutthe court orders which will finallyforce the city to separate the storm and waste water sewers.

EPA’slawsuitdoes not address the questionof why there is no money to pay for this increasingly expensiveproject (becausethe cost inflates with every year that passes).

Sewerseparationcharges (whichappeared on your bill as “sewer charges”) havebeen applied to the city water bills since the 1970’s, amounting tohundredsofmillions of dollars. Itwas never meant to go beyond aspecified number of years, say 10, when it was expected to have paidoff the project. About15 years agothecityfalselyclaimedthe additional, separate “stormwater sewer charge” (plusan illegal 2 dollar “program fee??”) whichthey addedto water bills was “Federallymandated” –not true. Theonly mandated charge was the original “sewer charge.”

So,wheredid allthatmoney go, you ask? Andwhywerenone ofthe sewer charges used to separate the sewers?

Our3previous and current (Mr Adkins) citymanagershave lead the citycouncils (knowinglyor unknowingly?) tomisusethe sewer funds as a slush fund –dipping into it at will - moving chunks of money from and to what MrAdkins’ finance department calls “various funds” - hiding thetrail of misappropriation (Federaloffense?),never to replenish the sewer funds. Theevidence of this maneuver is in practically every council agendaas “transfers between various funds” without description of whatfunds or for what purpose – all automatically approved by councilwithoutany discussion becauseMr Adkins said to do so. Totaldisregard for Sunshine Law!!

Andcouncil continues to think Mr Adkins is so wonderful! Why? He haslead the path to ruin and bankruptcyand beenrewarded for it!

Whobelieves that the funds should be replaced by those responsible fortheir disappearance?!?! Thealternative is that we, the taxpayers, will pay again – but at amuch higher price because ofthedelay.

Weneed to go en-mass (pitchforksandtorches inhand if necessary) toconfront city hall. But we must first find a way to inform all thecity taxpayers ofthis impending doom inorder to garnertheir support. JournalNews and Ed Richter are in Adkins’ pocket. Investigativereporter Craig CheathamonChannel9 News comes to mind.

Here is a really good video from a September 2007 Council meeting where there is a lengthy presentation on the Middletown Sewer Problem.