October 3, 2005

The Department of Environmental Quality and the city of Marlette have entered an amended Consent Judgment which resolves the city’s failure to implement major upgrades to its wastewater treatment plant as agreed to in a 2001 Consent Judgment. The amended Consent Judgment, signed on September 12, 2005, includes a $98,500 payment to the State of Michigan, and would provide significant penalties for further failures to act.

The agreement stems from the city’s original violations for exceeding National Pollutant Discharge Elimination System discharge permit limitations and allowing sanitary sewer overflows to occur. As part of the original compliance program, the city agreed to construct major upgrades to its WWTP; however, failed to initiate this process until recently, several years after the initial target dates passed.

“The city of Marlette agreed to modernize its wastewater treatment plant years ago, but failed to live up to that agreement,” said DEQ Director Steven E. Chester. “I am confident that the city’s recent change in leadership will result in a renewed commitment to uphold the original agreement, and keep their residents safe.”

The payment is a stipulated penalty for failure to meet the compliance schedule dates set forth in the 2001 agreement between the parties. The city has begun the process of initiating the upgrades with construction scheduled for completion in May, 2008.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised October 3, 2005 by Pat Watson