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City of Cincinnati, OH (Greater Cincinnati Water Works (GCWW)) v. Sanitation District No. 1, KY (SD No. 1)The Greater Cincinnati Water Works (GCWW) and NACWA member agency Sanitation District No. 1 of Northern Kentucky (SD 1) reached a settlement in February 2009 to resolve a dispute over a new wastewater treatment plant built by SD 1 and located upstream from GCWW’s drinking water treatment plant. The issue dates to 2007 when GCWW challenged a discharge permit for SD1’s new Eastern Regional Water Reclamation Facility (ERWRF) because of concerns about impacts to its source water. GCWW’s drinking water facility is located downstream from the SD1 plant and its managers were concerned about the potential presence of emerging contaminants in the effluent from the wastewater facility. NACWA’s Board of Directors authorized the Association to file a brief supporting SD1 in the matter. However, before the brief was filed, SD1 and GCWW entered mediation, resulting in the current settlement. This agreement, the specific terms of which are confidential, provides for the dismissal of GCWW’s challenge. Under the settlement, SD1 will give notice to GCWW of certain types of treatment events and occurrences at the wastewater plant. Additionally, SD1 and GCWW will participate in a work-plan study of certain treatment processes at the ERWRF. NACWA’s involvement in this matter is now complete, but the Association will monitor progress on the settlement.
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