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HomeMy WebLinkAboutR86-137098 RESOLUTION NO. R86-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS APPROPRIATING $784.49 TOWARDS THE INTERVENTION BY THE TEXAS ~DNICIPAL T.FA~3E IN THE SPORTSMEN'S CLUB OF TEXAS, SIERRA CLUB AND ENVIRDNMENT~ DEFenSE FUND, INC. VS. ~9VI~AL PROTECTION AGenCY. WHEREAS, the Sportsmen' s Clubs of Texas, Sierra Club and Environmental Defense Fund, Inc. have filed suit against the U.S. Environmental Protection Agency; and WHEREAS, that suit alleges that the 1984 Texas Water Quality Standards promulgated by the Texas Water Ccmmlission and approved by the EPA are not stringent enough to satisfy the requirement of the Federal Clean Water Act; and WHEREAS, the Plantiff seek a declaratory judgement that the 1984 Water Quality Standards are invalid, and injunctive relief compeling the EPA to pc~ulgate more stringent water quality standards for Texas; and WHEREAS, if the Plantiff's are successful, it is anticipated that substantial and costly improvements may be required to be made to municipal wastewater systems throughout the State. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that the City of Plainview, Texas shall participate with other Cities in funding TML's intervention in this litigation and appropriates $784.49 toward the cost of the litigation. PASSED AND APPROVED this the 22nd day of July, 1986. E.V. RIDT,RHI3BER, Mayor A~*fEST: .~L ~4EN/City Secretary TEXAS MUNICIPAL LEAGUE July 3', 1986 MEMORANDUM To: From: Subject: Mayor Council Members or Commissioners City Managers, City Secretary or Clerk City Attorney TML Staff Sportsmen's Clubs of Texas, Sierra Club and Environmental Defense Fund, Inc. v. U.S. Environmental Protection A~ency, Civil Actio~ No. CA3-86-0121R, U.S. District Cour~ for ~he Northern District of Texas, Dallas Division The Sportsmen's Clubs of Texas, Sierra ClUb, and Environmental Defense Fund, Inc. filed ~his lawsuit against ~he EPA on January 10, 1986, alleging ~hat ~he 1984 Texas Water Quali~y S~andards promulgated 'by ~he Texas Water Commission and approved by the EPA are no~ s~ringen~ enough to satisfy ~he requirements of ~he Federal Clean Wa~er Ac~. The plaintiffs seek a declaratory judgmen~ ~hat ~he 1984 Wa~er Quali~y S~andards are invalid, and injunctive relief com- pelling ~he EPA ~o promulgate more s~ringent wa~er quali~y s~andards for Texas. If ~he plaintiffs are successful, i~ is anticipated ~ha~ substantial and cos~ly improvements may be required ~o be made ~o municipal was~ewa~er systems ~hroughout ~he State. The TML Board of Directors has authorized intervention by ~he Texas Municipal League in ~his lawsui~ for ~he following reasons: 1. Financial Impact: If ~he plaintiffs are successful and more s~ringen~ wa~er quali~y s~andards are promulgated for enforcement by ~he Texas Wa~er Commission, expensive improvements will very likely be required ~o be made to municipal was~ewater trea~men~ plants throughout ~he s~aSe, including those municipally-owned was~ewa~er plan~s which are already undergoing expensive and radical improvements under ~he presen~ standards. Small cities, especially ~hose which discharge ~reated effluent in~o smaller, intermit~en~ streams would also be significantly impacted by anadverse judgment or set~lemen~ of ~his lawsuit. Adequate Re?resentation: The par~ies to ~his suit are the Sierra Club, the Sportsmen's Clubs of Texas and the Environmental Defense Fund, and ~he Environmental Pro~ection Agency. Other en~i~ies have filed mo~ions ~o intervene. They are: The Texas Water Conservation Association, The Texas U~ili~ies Generating Company, The Association of Metropolitan Sewerage Agencies, the Texas Chemical Council, Wes~ Texas U~ili~ies, Central Power & Light Co., Sou~hwes~ Electric Power Co., and Houston 211 East Seventh, Suite 1020 · Austin, Texas 78701-3283 · (512) 478-6601 Lighting & Power Company. None of these parties or intervenors can be expected to address all of the issues in this lawsuit in a manner that would be.~t serve the interests of Texas cities. In the event the parties decide at some point to enter into settlement discussions, it will be important that Texas cities have a representative at the bargaining table who will seek an advantageous settlement for cities. If cities are not represented during such discussions, it is very possible that a settlement could be reached t~t would be advan- tageous to all parties and intervenors, but would be detrimental to cities. Any such settlement should achieve a balance between environmen- tal and economic concerns, and it is unlikely that such a result could be achieved absent the participation of cities in the settlement negotiations. The Austin law firm of Lloyd, Gosse!ink, Ryan & Fowler; P.C. has been retained to represent the interests of the Texas Municipal League in this litigation. TML filed its Motion for Leave to Intervene noting that TML member cities are vitally interested in water quality issues from the standpoint of both consumers and dischargers. It is also noted that cities rely upon surface water for drinking water supplies and recreational use, and that cities engage in discharges as a result of wastewater treatment and disposal activity. The Court was requested to allow TML to intervene assuming a compromise position aimed at 'striking a balance between water quality and local government solvency. Due to the nature and complexity of this litigation, it is suggested that a substantial litigation fund be raised. The TML Board of Directors has authorized a voluntary assessment consisting of $.035 per capita to fund the TML's intervention and participation on behalf of cities in this lawsuit. If_ your city desires to participate on a collective basis with others., please complete the attached authorization and remit your assessment to the TML office. Your participation is essential to assure the representation of you~ citizens in this vital matter. If there are any questions please contact Ted Willis or Susan Horton at the TML office.