February 7, 2014 -- A confidential settlement communication was received by ALCOSAN’s solicitor from the Department of Justice (DOJ) who serves as the legal representative for the EPA.  The DOJ indicated a willingness on the part of the government agencies to modify the Consent Decree. The communication also proposes a specific path forward for ALCOSAN and the regulatory agencies (EPA, the state Department of Environmental Protection (DEP) and Allegheny County Health Department) to follow in attempting to negotiate a mutually acceptable agreement by the end of this April. 

The letter confirms the agencies’ willingness to consider a phased approach to allow for green infrastructure and other flow reduction elements to be incorporated into the Wet Weather Plan. It also contemplates a high level of regional cooperation and coordination in implementing flow reduction/management programs and furthering substantive regionalization efforts.  The DOJ requests ALCOSAN's review and comment on the proposed negotiation process, calls for meetings among ALCOSAN, its municipal customers, EPA, DEP and the Allegheny County Health Department to discuss flow reduction and regionalization, and contemplates the negotiation of specific terms and conditions for a modified Consent Decree. 

“We are encouraged by the direction the agencies suggest to take with the Plan,” said ALCOSAN Executive Director Arletta Scott Williams.  “We look forward to working with all parties to further develop a regional based Plan that improves water quality.”

ALCOSAN will have no further statement on the letter until the legal review is completed which is expected by February 28.