In a recent filing in U.S. District Court, the U.S. EPA expects the project's delay “will result in the discharge of hundreds of millions of gallons of untreated combined sewage that would not have otherwise been discharged.”

AKRON, Ohio — The city of Akron could be facing more than $1.2 million in fines from the Environmental Protection Agency after missing a deadline related to its ongoing sewer construction project, according to documents filed in U.S. District Court.

The court papers state the city is expected to miss the “Achievement of Full Operation” (AFO) deadline for the Ohio Canal Interceptor Tunnel (OCIT) by 290 days after providing an update that the city expects to reach the OCIT AFO completion date by Oct. 17, 2019, which is reportedly “290 days behind schedule.”

In the filing, the EPA expects the delay “will result in the discharge of hundreds of millions of gallons of untreated combined sewage that would not have otherwise been discharged.”

The delay could also result in more than $1.2 million in penalties against the city, according to the court documents. Akron has reportedly proposed a “stream restoration project” that the city noted may help in “mitigating the impact of the OCIT delay. The proposal is under review.

The city has been working on upgrades in a more than $1 billion combined sewer overflow project mandated by the EPA.

In a statement released to WKYC, the city of Akron responded to the filing stating the project is progressing, but “…like all complex construction projects, initial projections have been revised as the project developed.” The city also noted that the project is the single largest project in the city’s history, stating it has “required longer than projected to reach full operation.”

The city said that the “EPA has not issued any fines or penalties against the City of Akron. If such fines or penalties were to ever be issued, the project contractor is solely responsible for payment. At no time would any potential fines or penalties result in higher water or sewer bills for Akron residents. Mayor Horrigan has committed to not raise sewer rates through at least the start of 2021, and hopefully longer.”

The city noted the “significant burden” the project has placed on ratepayers in the city, but stated that the city is taking all reasonable steps to comply with the requirements and has kept “open lines” of communication on its progress.

Read the city of Akron’s full statement below:

In order to separate the City of Akron’s storm and sanitary sewer systems, and clean up the Cuyahoga River, the City of Akron is subject to the most restrictive consent decree in the country. Under the consent decree, the City of Akron is required to complete 26 major sewer projects at a total cost of over $1.2 billion. Since taking office, Mayor Horrigan’s administration has worked tirelessly to reduce the cost of the program by saving money on projects and obtaining and extending low or no interest loans. Since 2016, the City has saved more than $81 million on the program. The City has worked with the federal EPA and the Ohio EPA on proposed amendments to the consent decree that would substitute “greener” projects for “gray” alternatives that would create greater environmental benefit, sooner. There is currently an amendment pending before the District Court that would save ratepayers an additional $70 million. The Unites States and the State of Ohio fully support this amendment, which is better for ratepayers and the environment.

The existing consent decree contains aggressive timelines for completing projects. One of these projects is the massive Ohio Canal Interceptor Tunnel (OCIT)—a mile long storage tunnel capable of holding 25.6 million gallons of stormwater and sewage during heavy rain events. Rosie, the tunnel boring machine (TBM) that “broke through” beneath downtown Akron last fall, was the first crossover TBM to ever be used in the United States.

The OCIT is progressing, however, like all complex construction projects, initial projections have been revised as the project developed. This is the largest single public project in the City’s history, and it has required longer than projected to reach full operation.

Despite the significant burden these projects place on ratepayers, the City has taken all reasonable steps to comply with the requirements of the consent decree – and has kept open lines of communication with EPA stakeholders and the public regarding timelines and status of all projects. The EPA has been fully aware of all delays throughout the project.

To date, the EPA has not issued any fines or penalties against the City of Akron. If such fines or penalties were to ever be issued, the project contractor is solely responsible for payment. At no time would any potential fines or penalties result in higher water or sewer bills for Akron residents. Mayor Horrigan has committed to not raise sewer rates through at least the start of 2021, and hopefully longer.