Macomb County Motion For Compliance Schedule For Repairs To Oakland-macomb Inteceptor -- June 12, 2009

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff and Counter-Defendant, Civil Action No. 77-7110 Honorable John Feikens vs. STATE OF MICHIGAN, Defendant and Cross-Plaintiff And Cross-Defendant, vs. CITY OF DETROIT, a municipal corporation, and DETROIT WATER AND SEWERAGE DEPARTMENT Defendant and Cross-Plaintiff vs. ALL COMMUNITIES AND AGENCIES UNDER CONTRACT WITH THE CITY OF DETROIT FOR SEWAGE TREATMENT SERVICES et al.

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MACOMB COUNTY’S MOTION AND SUPPORTING BRIEF FOR ORDER ESTABLISHING COMPLIANCE SCHEDULE FOR REPAIRS TO CERTAIN DWSD INTERCEPTORS

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MACOMB COUNTY’S MOTION AND SUPPORTING BRIEF FOR ORDER ESTABLISHING COMPLIANCE SCHEDULE FOR REPAIRS TO CERTAIN DWSD INTERCEPTORS Macomb County moves this Court for a construction compliance order requiring structural repair and maintenance to certain major sewer interceptors in Macomb County which are identified in Exhibit 1 (the “OMI Interceptors”). The OMI Interceptors serve 830,000 households in Oakland and Macomb Counties and transport their sewerage for treatment at the DWSD sewage treatment works. For most households, there is no alternative means of either transport or treatment of their sewerage. Sections of these interceptors have suffered catastrophic failures in the past. Furthermore, the design of the interceptors (a design from 50 years ago) plus geologic and groundwater conditions at locations along the alignment create conditions susceptible to tunnel failure. A recent DWSD comprehensive inspection of the OMI Interceptors conducted by NTH Consultants has disclosed significant deterioration in the interceptors at numerous locations which, if not addressed, may be precursors to partial or complete structural failure. The NTH studies also developed an 8-year program of structural repairs and rehabilitation based on estimates of funding availability from the City of Detroit. In the event of a partial or full collapse, the likelihood of discharges of sewage to waters of the state is high and in some cases certain, at least in the short-term. That was the case in the 1978 sewer collapse at 15 Mile Road where sewage was discharged to the Clinton River for several weeks until a temporary by-pass was constructed. Such a discharge would violate the Clean Water Act, Detroit’s NPDES permit, and orders previously entered in this case.

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Because of the severe consequences of a partial or full collapse, it is essential that the repair work, and the improvements required to permit Detroit to conduct that repair work, be constructed on schedule and expeditiously. Detroit has begun the necessary repairs and has a present 8-year construction schedule to complete the repairs that reflects the likely availability of funding, but faces many obstacles including financing to completing the repair and rehabilitation work. It is essential that the construction schedule of repairs and rehabilitation be maintained. To insure expeditious progress on this essential repair and rehabilitation work and avoid catastrophic discharges of sewage to rivers and streams in Macomb County, Macomb County moves this Court for entry of an order mandating construction of the structural repairs on an established schedule. State funding for sewer improvements gives priority to projects being conducted pursuant to compliance orders establishing construction schedules. Macomb County requests that this Court adopt the construction schedule developed by NTH which is set forth in Exhibit 2. Because of the inherent uncertainties and difficulties in this tunnel work, Macomb proposes that any construction compliance order include the ability of Detroit or any other entity subject to the order to seek relief from the schedule in the event of unforeseen financing or technical difficulties. Macomb County and Oakland County are acquiring the OMI Interceptors pursuant to a global settlement agreement approved by this Court on May 12, 2009.

The Counties are

committed to proceeding with the repairs as well but face the same funding and other obstacles Detroit does. If funding can be obtained from the Michigan State Revolving Fund (“SRF”), it will be possible to expedite this work and accomplish the rehabilitation work in less than 8 years. Accordingly, entry of the requested order will benefit the Counties as well. A proposed order is attached. 2 Detroit_927008_1

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Detroit and Oakland County have been consulted on this motion and concur in the relief requested. RELIEF REQUESTED Macomb County requests that this Court order the City of Detroit and any other entity which may come to own the OMI Interceptors to implement the repairs and improvements according to the construction schedule in Exhibit 2. .

Respectfully submitted, BODMAN LLP By:

Dated: June 12, 2009

s/ R. Craig Hupp R. Craig Hupp (P36254) 6th Floor at Ford Field 1901 St. Antoine Street Detroit, Michigan 48226 313-259-7777 313-393-7579 (fax) [email protected]

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff and Counter-Defendant, Civil Action No. 77-7110 Honorable John Feikens vs. STATE OF MICHIGAN, Defendant and Cross-Plaintiff And Cross-Defendant, vs. CITY OF DETROIT, a municipal corporation, and DETROIT WATER AND SEWERAGE DEPARTMENT Defendant and Cross-Plaintiff vs. ALL COMMUNITIES AND AGENCIES UNDER CONTRACT WITH THE CITY OF DETROIT FOR SEWAGE TREATMENT SERVICES et al.

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MACOMB COUNTY’S BRIEF IN SUPPORT OF MOTION FOR ORDER ESTABLISHING COMPLIANCE SCHEDULE FOR REPAIRS TO CERTAIN DWSD INTERCEPTORS

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MACOMB COUNTY’S BRIEF IN SUPPORT OF MOTION FOR ORDER ESTABLISHING COMPLIANCE SCHEDULE FOR REPAIRS TO CERTAIN DWSD INTERCEPTORS Summary Macomb County moves this Court for an order establishing a construction schedule for structural repair and rehabilitation of certain major sewer interceptors in Macomb County which are identified in Exhibit 1 (the “OMI Interceptors”) on a court-ordered 8-year construction schedule. The OMI Interceptors serve 830,000 households in Oakland and Macomb Counties and transport their sewerage for treatment at the DWSD sewage treatment works.

These

households generate daily sewage flow of millions of gallons of sewage. For most households, there is no alternative means of either transport or treatment of their sewerage. A collapse of the interceptor could lead to the discharge of all of that sewage to surface waters because, until temporary bypasses could be constructed, there would be no other place to discharge this sewer flow. To state the obvious, such a release would violate the Clean Water Act, 42 U.S.C. 1251 et seq., the City of Detroit’s NPDES permit, and the spirit if not the express terms of the many orders entered by this Court since the inception of this case. Sections of these unreinforced interceptors have suffered catastrophic failures in the past. Furthermore, the design of the interceptors (a design from 50 years ago) plus geologic and groundwater conditions at locations along the alignment create conditions susceptible to tunnel failure.

Each of these failures has led to hugely expensive repairs and litigation between

wholesale ratepayers and the City of Detroit over the allocation of the associated repair costs in the sewer rates. Each has caused or threatened to cause significant sanitary sewage overflow (“SSO”) releases to the waters of the state.

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A sewer tunnel collapse on the Romeo Arm Interceptor in 2004 prompted a comprehensive inspection of the OMI Interceptors and other interceptors in Macomb County. That inspection revealed numerous serious defects in the interceptors, many of which are precursors to structural failure. To prevent further failure and the likely release of sewage to surface waters, it is imperative that these structural repairs proceed as expeditiously as possible. Given the serious threatened release to surface waters that these defects pose, it is essential that correction of these deficiencies be mandated by a construction compliance order of this Court. Furthermore, funds from the Michigan State Revolving Fund (“SRF”) that may be available to finance a portion of the repairs gives priority to projects being conducted pursuant to compliance construction schedules. The availability of SRF funding will permit the City or Macomb and Oakland Counties to expedite the rehabilitation schedule, lessening the risk of a catastrophic collapse before rehabilitation is completed. History of the OMI Interceptor System The OMI Interceptors are a portion of an existing sanitary sewer system that was built in Macomb County in the late 1960s and early 1970s by the Detroit Water & Sewerage Department (“DWSD”). The OMI interceptors have three components in Macomb County: Edison Corridor, Oakland Arm and Avon Arm. The Edison Corridor, that has many severe structural defects, is the sole conduit for transport of sanitary sewage to DWSD wastewater treatment facility for over 830,000 people in the Macomb and Oakland County communities. The OMI Interceptors accept sanitary flows generated from communities that are either part of the Clinton Oakland Sewage Disposal District (“C-OSDS”) in Oakland County or the Macomb County Wastewater Disposal District (“MCWDD”) in Macomb County.

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The OMI Interceptors were constructed in 1970 and 1971 as was the Romeo Arm Interceptor and Lakeshore Interceptor in eastern Macomb County. Both the design and the in situ hydrogeological conditions are similar for all of these interceptors. Over the past 28 years these interceptors have experienced a number of catastrophic failures. On three occasions, partial or full collapses of portions of the Edison Corridor Interceptor (1980) or Romeo Arm interceptor (1978 and 2004) have disrupted service to much of the tributary areas in Macomb and Oakland Counties and on one occasion led to sanitary sewer overflows for several weeks to the Clinton River. The failures in 1978 on the Romeo Arm just east of the Edison Corridor and in 1980 in the Edison Corridor very close to the junction with the Romeo Arm led to a comprehensive failure evaluation by the U.S. Army Corps of Engineers, at the urging of this Court. Special Report: 15 Mile Road/Edison Corridor Sewer Tunnel Failure Study (September 1980). The study concluded that the unreinforced design of all of these interceptor tunnels coupled with certain construction practices and subsurface conditions of high groundwater and fine soils that occur throughout the alignments of these interceptors made a recipe for future tunnel failures. The conclusions merit quoting in full as an explanation of past failures and prediction of the future. “108. Conclusions are presented sequentially as follows: a.

Seismic activity was not a factor [in the failures].

b. Concrete composition, homogeneity, and quality were not factors and there was no evidence of detrimental chemical reactions. c. At end of construction, the concrete liner contained open construction joints and/or cold joints at several locations. d. The fine to medium sands, silty sands, and silts will pipe through openings as narrow as 0.01 in. under water pressures less than 2 psi. 3 Detroit_927008_1

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e. After construction, the external water pressure on the tunnel invert ranged from 4 to 8 psi. f. Soil piped into the tunnel in varying amounts depending on the location of the strata of piping soil with respect to open construction joints and/or cold joints. As material piped into the tunnel, the tunnel lost bottom and side support. g. When loss of support occurred beneath the invert, the resulting loading caused the structure to crack circumferentially as was observed in Distressed Area No. 3. h. When loss of support occurred at the springline, the resulting nonuniform loading caused the resistance of the structure to be exceeded and initiated the pattern of ovalling and longitudinal cracking and spalling observed in all distressed areas. “109. In summary, the distress actually began immediately following construction as soon as the groundwater level was sufficiently high to initiate piping of soil through open construction and cold joints. This piping took place over a significant period of time. As greater loss of support occurred, the concrete liner deformed, the cracks opened wider, and more soil was allowed to pipe into the tunnel. These events progressed until the distress was manifested by the crack pattern found, and by total collapse at Distressed Area No. 1 and partial collapse at Distressed Area No. 3. Varying degrees of distress were experienced depending upon the location of the strata of piping soil with respect to open construction and/or cold joints.” Special Report, pp. 182-83. In layman’s terms, these interceptors are prone to small cracks. Groundwater discharges through the cracks into the sewer tunnel. That flow carries fine soil into the tunnel, leaving a growing void outside the tunnel.

Unreinforced tunnels rely on soil outside the tunnel for

structural support. As the void is created, the tunnel deforms, opening the crack and increasing the rate of soil erosion into the tunnel. After a certain amount of erosion, the sewer tunnel’s structural integrity is lost, tunnel deformation increases and continued erosion will almost certainly lead to a collapse. The Special Report prompted a comprehensive inspection on the OMI Interceptors by Jenny Engineering Corporation. Other defects were found throughout the interceptor system and over the next few years very substantial repairs were made. 4 Detroit_927008_1

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The collapse of a section of the Romeo Arm Interceptor in 2004 renewed questions as to the structural integrity of this critical link in the suburban area’s sanitary sewage transport system. In response to this concern, DWSD contracted with NTH Consultants, Ltd. to conduct a multi-million-dollar comprehensive investigation and evaluation of the condition of the OMI Interceptors and adjacent interceptors. This comprehensive inspection of the OMI Interceptors disclosed significant deterioration in the interceptors at numerous locations which, if not addressed, may be precursors to partial or complete structural failure. The NTH reports for the OMI Interceptors included: •

Report—Sewer Condition Investigation & Evaluation Edison Corridor Interceptor Oakland-Macomb Interceptor, PCI-5, PCI-6, PCI-7 DWSD Contract CS-1372, Task 48 January 30, 2008

•

Report on Sewer Condition Investigation & Evaluation Oakland Arm and Avon Sewers Oakland-Macomb Interceptor, PCI-8, PCI-9, PCI-10A, PCI-10B, PCI-11A DWSD Contract CS-1372, Task 48 January 30, 2008

•

Supplemental Report—Sewer Condition Investigation & Evaluation DWSD Contract No. PCI-5 – Edison Corridor Interceptor DWSD Contract CS-1372, Task 48 August 11, 2008

The Oakland and Avon Arms were inspected using closed circuit television (“CCTV”), geophysical techniques (multi-channel analysis of surface waves – “MASW”) and the drilling of test borings.

The same methods plus SONAR were used to inspect the Edison Corridor

Interceptor. CCTV inspection was performed using float mounted or tractor mounted cameras. An NTH subcontractor, Inland Waters, Inc. (IWI), conducted the CCTV inspection in the presence of a NTH field representative. 5 Detroit_927008_1

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Observations were recorded using the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP) format. All IWI and NTH field personnel, as well as NTH personnel who reviewed the CCTV recordings, are PACP certified. PACP categorizes groundwater infiltration into four classifications. They are, from most to least severe, described as follows: •

Gusher – Where water enters the sewer under pressure through a defect or failed joint.

•

Runner – Where water flows continuously along the pipe wall through a defect or joint.

•

Dripper – Where water drips – with no continuous flow – into the pipe through a defect or joint.

•

Weeper – Where water is visible on the inner surface of the pipe due to a defect or failed joint, but no dripping is noted. Runners and Gushers are considered to be most critical due to the likelihood that fine soil

material can be washed into the sewer along with the infiltration. Such loss of supporting material can lead to undermining of the pipe and eventual structural failure of the sewer. The great depth at which the Clinton-Macomb Interceptor tunnel was constructed together with the relatively high water table within Macomb County produced conditions under which moderate to severe pipe defects could be readily identified by observing groundwater infiltration into the tunnel during the CCTV inspection. The PACP ratings – as they apply to structural evaluations – are shown below. •

Rating 1 – Excellent Condition – Only minor defects, if any present – Failure is unlikely in the foreseeable future.

•

Rating 2 – Good Condition – Defects are present but no deterioration has begun – Failure unlikely for at least 20 years.

•

Rating 3 – Fair Condition – Moderate defects are present that will worsen – Failure can be expected in 10 to 20 years.

•

Rating 4 – Poor Condition – Severe defects are present – Failure in less than 10 years is likely.

•

Rating 5 – Pipe has failed or is likely to fail within 5 years! 6 Detroit_927008_1

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The NTH inspections discovered numerous areas where significant infiltration is occurring continuously. These were often accompanied by identifiable indications of voids adjacent to the pipe where surrounding soil has been washed into the interceptor. Thus there are many locations where the structural failure process is well under way. The inspection has also identified areas where serious structural deficiencies in the pipe wall were visibly evident. Numerous areas with ratings of 4 and 5 were identified. In many of these locations there is evidence of voids outside the sewer tunnel. These represent areas where failure can be expected to occur within 10 or 5 years, respectively, unless appropriate structural rehabilitation is performed. Also identified were a large number of areas with ratings of 3 which have less than 20 years of expected service prior to potential failure. It is apparent that few, if any, reaches of this critical interceptor can be expected to operate without structural failure through the next 10 years without substantial rehabilitation. A more detailed description of these identified problems is included in Exhibit 3. Proposed Rehabilitation and Repair NTH recommended numerous repairs to avoid tunnel collapses and to restore a minimum 20-year structural service life. There will be a variety of repairs to the lining of the interceptors and filling of voids outside the interceptors. Greatly complicating the repair and rehabilitation work are the circumstances that the tunnels are as much as 60 feet below ground level and, except with intermittent interruption, must continue during their rehabilitation to convey sewage from the tributary areas. As a consequence, this massive rehabilitation project cannot expeditiously proceed unless sewage flow is reduced as needed. To allow for systematic retention of flow allowing workers to enter the tunnel, a series of flow control gates must be constructed. The gates will prevent or restrict 7 Detroit_927008_1

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flows from moving downstream. This will utilize upstream tunnel capacity as storage and provide for work to be completed “in the dry” within downstream segments. Construction methods selected will allow for use of methods and materials able to be installed in segments over time and that can be immersed under water within hours of installation. A description of the specific rehabilitation proposed for the OMI Interceptors is set forth in Exhibit 4. The total rehabilitation costs to address the PACP Class 5 and 4 defects is about $120,000,000 while addressing the PACP 3 defects and fully restoring the OMI Interceptors to a 20-year structural life will bring the total cost to $160,000,000 including contingencies. Without low cost SRF financing and presently available American Reinvestment and Recovery Act of 2009 (“ARRA”) stimulus dollars which permit substantial loan forgiveness, financing of this $160 million structural repair will certainly slow this project down substantially. Structural Repair and Rehabilitation Schedule Failure of the OMI Interceptors could result in the total loss of sanitary sewage capacity for over 830,000 people in Oakland and Macomb Counties and prevent flow from being transported to DWSD for treatment.

Within hours of even a partial blockage tributary

communities would no longer be able to discharge flow to the interceptor. To prevent the possibility of massive system backup into basements, untreated sanitary flows would have to be diverted to drains and streams tributary to the Clinton River and Lake St. Clair. That occurred for several weeks as the result of the 1978 collapse. Because the magnitude of the harms likely to flow from such a failure, it is imperative that compliance construction schedule be ordered by this Court to insure steady expeditious construction to resolve or prevent structural failures and tunnel collapses. Detroit has a present 8-year schedule to make the repairs. That construction 8 Detroit_927008_1

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schedule is based on estimates of financial resources presently available. The project faces many obstacles, including funding, to complete the repair and rehabilitation work on that schedule. Macomb County and Oakland County are acquiring the OMI Interceptors pursuant to a global settlement agreement approved by this Court on May 12, 2009. The global settlement agreement expressly acknowledges that the acquisition is contingent on obtaining adequate financing by the Counties to carry out the extensive rehabilitation. Obtaining SRF funding is an essential component of the adequate financing the Counties need to close on the transaction. If the acquisition closes, the Counties are committed to proceeding with the repairs and will be able to do so at an expedited pace because of the SRF and stimulus funding. In anticipation of taking ownership of the OMI Interceptors and as strong evidence of their intent to close on the acquisition, Macomb and Oakland Counties have contracted with NTH to undertake a $4 million final engineering design study to develop a highly expedited 5year structural construction schedule based on the availability of SRF funding and stimulus dollars, so as to shorten by several years NTH’s original 8-year construction schedule. Accomplishment of a 5-year construction schedule is dependent on receiving financial assistance from the SRF for wastewater improvements. Accordingly, the Counties are preparing an SRF funding application for this work. Applications are scored for funding priority by MDEQ based on a number of criteria including whether a project is subject to a court-ordered construction schedule. A court-ordered construction schedule will both insure that the project proceeds timely to avoid a collapse and will also increase the likelihood of SRF funding that will further expedite progress on the rehabilitation. Failure to obtain SRF funding for the project will jeopardize the acquisition of the OMI Interceptors.

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SRF funding is uncertain at present. SRF funding decisions will not be made until November 2009, but the project scoring process will occur in July 2009. To be considered in the scoring, the construction schedule must be in place before July 1, 2009. An expedited 5-year construction schedule is dependant on SRF funding.

Because of the foregoing, and

notwithstanding Macomb County’s desire and intent to complete the recommended structural construction work in 5 years, the County does not request that this Court order that the 5-year construction schedule be accomplished. As additional support for adopting a schedule not as ambitious as the 5-year construction schedule that has been developed, it is likely that as the structural repair and rehabilitation work proceeds, the need for additional rehabilitation work will be identified, and that delays for a variety of reasons on a project as complex and challenging as this will be unavoidable. There is no productive purpose served by ordering a construction schedule that, absent the SRF funding that is not now in hand, will be very difficult to achieve. Support for the Requested Relief The City of Detroit and Oakland County were consulted in the preparation of this motion and concur in the relief requested.

In addition, Oakland County will be undertaking the

structural repair and rehabilitation work jointly with Macomb County. The City has already begun the structural rehabilitation work and agreed that the Counties could retain its engineers, NTH Consultants, so that the remaining work could be engineered on an expedited basis. Both the City of Detroit and Oakland County strongly support this motion. This is an example of the new cooperative working relationship that has resulted from the global settlement, as furthered by the coordinated action of the Directors’ Council which has been briefed in detail on the need for this court-ordered construction schedule. 10 Detroit_927008_1

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RELIEF REQUESTED Macomb County requests this Court order the City of Detroit and any other entity which may come to own the OMI Interceptors to implement the repairs and improvements according to the construction schedule developed by NTH Consultants in Exhibit 2. A proposed form of order accompanies Macomb County’s motion.

.

Respectfully submitted, BODMAN LLP By:

Dated: June 12, 2009

s/ R. Craig Hupp R. Craig Hupp (P36254) 6th Floor at Ford Field 1901 St. Antoine Street Detroit, Michigan 48226 313-259-7777 313-393-7579 (fax) [email protected]

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff and Counter-Defendant, Civil Action No. 77-7110 Honorable John Feikens vs. STATE OF MICHIGAN, Defendant and Cross-Plaintiff And Cross-Defendant, vs. CITY OF DETROIT, a municipal corporation, and DETROIT WATER AND SEWERAGE DEPARTMENT Defendant and Cross-Plaintiff vs. ALL COMMUNITIES AND AGENCIES UNDER CONTRACT WITH THE CITY OF DETROIT FOR SEWAGE TREATMENT SERVICES et al. _____________________________________________________________________________/ ORDER ESTABLISHING COMPLIANCE SCHEDULE FOR INTERCEPTOR REPAIRS

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WHEREAS the City of Detroit through its Detroit Water and Sewerage Department owns and operates major interceptor sewers serving the sewer system needs for 830,00 persons in Oakland and Macomb County; WHEREAS there have been four partial or complete collapses of portions of these sewers since they were constructed in the mid 1970s including a complete collapse on the Romeo Arm in 1978, two locations with partial collapses in the Edison Corridor in 1980, and a complete collapse in the Romeo Arm Interceptor in 2004; WHEREAS the City of Detroit has recently completed a detailed inspection of these interceptors which has disclosed conditions which are precursors to additional partial or complete collapses; WHEREAS in the event of a collapse, the discharge of sewerage to waters of the United States may be inevitable as there may be no other manner in which to handle the sewerage generated by the tributary population; WHEREAS such a discharge of sewerage to the Clinton River did occur as a result of the 1978 Romeo Arm collapse; WHEREAS such a release to waters of the United States would cause serious harm to the environment and pose a substantial health risk; WHEREAS such a discharge to waters of the United States would violate the Clean Water Act as well as violate the City’s NPDES permit which requires it to treat all sewerage entering its system to standards specified in the permit, WHEREAS, the City has adopted a program to rehabilitate and repair these interceptors that, notwithstanding its urgency, is subject to numerous obstacles, including financing;

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WHEREAS the Court recognizes that the subject interceptors may be transferred to the ownership and control of another entity as provided by the Settlement Agreement approved by and entered as an Order of this Court on May 12, 2009, and WHEREAS the Court finds that it is essential that a court-mandated schedule for the construction of structural repairs and rehabilitation be entered to assure that construction proceeds expeditiously to minimize the risk of further collapses and discharges of untreated sewage into the waters of the State of Michigan as has occurred in the past, IT IS HEREBY ORDERED THAT the City or any entity which subsequently owns or operates the OMI Interceptors shall carry out structural repair and rehabilitation construction activities according to the schedule attached. Further the City of Detroit or any entity which subsequently owns or operates the OMI Interceptors shall have the right to ask the Court to amend this Compliance Order in order to extend the construction compliance schedule due to unforeseen financing or technical difficulties.

Dated: U.S. District Court Judge

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff and Counter-Defendant, Civil Action No. 77-7110 Honorable John Feikens vs. STATE OF MICHIGAN, Defendant and Cross-Plaintiff And Cross-Defendant, vs. CITY OF DETROIT, a municipal corporation, and DETROIT WATER AND SEWERAGE DEPARTMENT Defendant and Cross-Plaintiff vs. ALL COMMUNITIES AND AGENCIES UNDER CONTRACT WITH THE CITY OF DETROIT FOR SEWAGE TREATMENT SERVICES et al. _____________________________________________________________________________/ PROOF OF SERVICE

R. Craig Hupp certifies that he is a partner of Bodman LLP and that on June 12, 2009 he caused to be served a copy of Macomb County's Motion for Order Establishing Compliance Schedule for Repairs to Certain DWSD Interceptors and this Proof of Service, upon: Charles E. Barbieri; Valerie J.M. Brader; Jonathan Bulkley; Peter A. Caplan; George G. Constance; Timothy L. Cronin; Ernest J. Essad, Jr.; Robert J. Franzinger; Beth S. Gotthelf; George G. Kemsley; Charles S. Kennedy, III; Annette M. Lang; F. Thomas Lewand; Robert A. Marzano; Patrick B. McCauley; Donald B. Miller; Marilyn A. Peters; David W. Potts; Jaye Quadrozzi; Barry Seifman; John D. Staran; David S. Steingold; Wayne E. Walker; Robert C. Walter; Avery K. Williams and Rodger D. Young via electronically from court, and upon:

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Joseph W. Colaianne Oakland County Corporation Counsel 1 Public Works Drive Waterford, Michigan 48328

John H. Fildew 645 Griswold Street Suite 3600 Detroit, Michigan 48226-4291

Robert J. Hribar 16931 19 Mile Road Mt. Clemens, Michigan 48044

Mark D. Jacobs Dykema Gossett (Detroit) 400 Renaissance Center Detroit, Michigan 48243-1668

Charles E. Lowe Lowe, Lewandowski 905 W. Ann Arbor Trail Plymouth, Michigan 48170

William Misterovich Macomb County 115 S. Groesbeck Highway Mt. Clemens, Michigan 48043

Pamela J. Stevenson Michigan Dept of Atty. General 300 S. Washington Square Suite 530 Lansing, Michigan 48913 by having same placed in the United States mail with first class postage fully prepaid. I declare under penalty of perjury that the foregoing statement is true and correct to the best of my information, knowledge and belief. _s/ R. Craig Hupp______________ R. Craig Hupp (P36254) 6th Floor at Ford Field 1901 St. Antoine Street Detroit, Michigan 48226 313-259-7777 313-393-7579 (fax) [email protected]

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INDEX OF EXHIBITS 1.

The OMI Interceptors - map

2.

Compliance Schedule for OMI Interceptors

3.

Summary of Existing Defects With PACP Score of 4 or 5

4.

Summary of High Priority Repairs

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Exhibit 3 Summary of Existing Defects With PACP Score of 4 or 5 PCI-5 Edison Corridor from Northeast Sewage Pump Station to Ten Mile Road The following observations were made during the CCTV inspection of PCI-5: •

PACP Condition 4 – due to severe surface scaling including missing aggregate was noted at 6 locations and continuous severe scaling in 3 extended areas 95, 1037 and 45 feet in length.

•

PACP Condition 4 – due to running infiltration potentially causing soil loss surrounding the pipe was noted at 9 locations.

•

PACP Condition 4 – due to visible high water marks at or greater than the spring line of the pipe was noted in multiple reaches.

Subsequent MASW analysis was performed along the length of PCI-5 except where surface conditions prohibited. These geophysical investigations confirmed the likelihood of loose soil and/or voids adjacent to the sewer in at least 12 locations – one of which appears to be at least 200 feet in length! At least 3 of these locations directly correlate with locations of CCTV observed cracks and fractures. PCI-6 Edison Corridor from Ten Mile Road to Common Road The following observations were made during the CCTV inspection of PCI-6: •

PACP Condition 4 – due to severe surface scaling including missing aggregate was noted at 18 locations and continuous severe scaling in 11 extended areas 22, 32, 64, 27, 14, 23, 10, 25, 23, 20 and 22 feet in length.

•

PACP Condition 4 – due to running infiltration potentially causing soil loss surrounding the pipe was noted at 2 locations.

•

PACP Condition 4 – due to visible high water marks at or greater than the spring line of the pipe was noted in multiple reaches.

Subsequent MASW analysis was performed along the length of PCI-6 except where surface conditions prohibited. These geophysical investigations confirmed the likelihood of loose soil and/or voids adjacent to the sewer in at 30 locations – including 9 that extend considerable lengths as follows: 200, 200, 300, 1000, 280, 500, 1100, 400, and 1100 feet. At least 13 of these locations directly correlate with locations of CCTV observed cracks and fractures. PCI-7 Edison Corridor from Common Road to Fifteen Mile Road Two of the reaches were lined with a 9’-0” precast concrete pipe in 1981 when severe structural failures were identified and repaired. This reduced diameter segment remains

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problematic since the pipe invert does not maintain a consistent slope – thus trapping sediment and slime at the lip of the lining pipe fostering the production of hydrogen sulfide which in turn caused pipe lining deterioration. The following observations were made during the CCTV inspection of PCI-7: •

PACP Condition 5 – due to exposed and corroding reinforcing steel was noted at 2 locations; due to visible reinforcing steel at 11 locations; and due to continuously visible reinforcing steel in two extended areas each about 5 feet in length.

•

PACP Condition 4 – due to severe surface scaling including missing aggregate was noted at 15 locations.

•

PACP Condition 4 – due to running infiltration potentially causing soil loss surrounding the pipe was noted at 8 locations.

•

PACP Condition 4 – due to visible high water marks at or greater than the spring line of the pipe was noted in multiple reaches.

•

PACP Condition 4 – due to a vertical alignment transition was noted at one location.

Subsequent MASW analysis was performed along the length of PCI-7 except over the Red Run Drain. These geophysical investigations confirmed the likelihood of loose soil and/or voids adjacent to the sewer in at least 14 locations – two of which appear to be 200 and 300 feet in length! At least 7 of these locations directly correlate with locations of CCTV observed cracks and fractures. PCI-8 Fifteen Mile Road & Edison Corridor to Dodge Park Road & Utica Road The following observations were made during the CCTV inspection of PCI-8: •

PACP Condition 5 – due to gushing infiltration was observed at 3 locations.

•

PACP Condition 5 – due to severe scaling including visible reinforcement was observed in 1 continuous area 25 feet in length.

•

PACP Condition 4 – due to running infiltration was identified at 19 locations.

Subsequent MASW analysis was performed on four reaches of PCI-8. The reaches were 2,700, 2,000, 900, and 1,400 feet in length and were selected to correspond with locations of running and gushing leaks previously identified. These geophysical investigations confirmed the likelihood of loose soil and/or voids adjacent to the sewer in at least 17 locations – one of which appears to be at least 40 feet in length. At least 7 of these locations directly correlate with locations of CCTV observed cracks and fractures. PCI-9 Utica Road & Dodge Park Road to Clinton River Road The following observations were made during the CCTV inspection of PCI-9: •

PACP Condition 5 – due to gushing infiltration was observed at 1 location.

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•

PACP Condition 5 – due to a hole visible in a joint was observed in 1 location.

•

PACP Condition 4 – due to running infiltration was identified at 9 locations.

PCI-10A Clinton River Rd & M-59 to 2,300 Feet West of Ryan Rd in River Bends Park The following observations were made during the CCTV inspection of PCI-10A: •

PACP Condition 5 – due to gushing infiltration was observed at 4 locations.

•

PACP Condition 5 – due to severe scaling including visible reinforcement was observed in 2 locations.

•

PACP Condition 4 – due to running infiltration was identified at 8 locations.

•

PACP Condition 4 – due to high water marks at or greater than the spring line of the pipe was observed in numerous reaches.

PCI-10B In River Bends Park from 2,300 Feet West of Ryan Rd to Dequindre Rd near Avon Rd The following observations were made during the CCTV inspection of PCI-10B: •

PACP Condition 5 – due to gushing infiltration was observed at 1 location.

•

PACP Condition 4 – due to running infiltration was identified at 11 locations.

•

PACP Condition 4 – due to high water marks at or greater than the spring line of the pipe were observed in numerous reaches.

PCI-11A (Avon Arm Interceptor) M-59 & Utica Rd to Dequindre Rd and M-59 The following observations were made during the CCTV inspection of PCI-5: •

PACP Condition 5 – due to gushing infiltration was observed at 1 location.

•

PACP Condition 5 – due to severe scaling including visible reinforcement was observed in 4 locations.

•

PACP Condition 5 – due to severe scaling including protruding reinforcement was observed at one location.

•

PACP Condition 4 – due to bends in the sewer greater than 20 degrees was identified at 15 locations.

•

PACP Condition 4 – due to high water marks at or greater than the spring line of the pipe was observed in 23 reaches.

•

PACP Condition 4 – due to running infiltration was identified at 7 locations.

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PACP Condition 4 – due to severe scaling including missing aggregate was observed in two continuous sections 13 and 5 feet in length as well as at one manhole, PACP Condition 4 – due to multiple fractures was identified at 2 locations.

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Case 2:77-cv-71100-JF

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Exhibit 4 Summary of High Priority Repairs They have been grouped here by PCI number from south to north, PCI-5 through PIC-11. PCI-5 (a)

Structurally rehabilitate the portion between Stephens Road and Ten Mile Road.

(b)

Provide a protective coating in the portion between Stephens road and Ten Mile Road due to hydrogen sulfide issues in this area.

(c)

Grout the 9 running leaks identified.

PCI-6 (a)

Seal the numerous leaks in area of suspected void between Stations 19+42 and 33+75.

(b)

Seal the numerous leaks in area of suspected void between stations 35+00 and 40+00.

(c)

Cement grout voids located at 25+25, 57+50, 71+50, 74+00, 103+50, 105+00, 110+90, 115+10 to 117+30, 123+30 to 125+90, and 128+80.

(d)

Power wash and install a protective coating at I-696 and Frazho Roads (Stations 56+00 to 47+00 and 32+00 to 19+00).

PCI-7 (a)

Seal 8 running leaks at Stations 134+41, 119+09, 108+19, 105+71, 95+23, 65+13, 26+33 and 15+45.

(b)

Rehab the existing liner and install a protective coating in the 1981 Repair Section Station 110+30 to 134+00.

(c)

Powerwash and install a protective coating from Station 104+00 to 110+30.

(d)

Seal all leaks and cement grout near Station 10+00.

PCI-8 (a)

Perform chemical grouting in those areas where multiple cracks were noted.

(b)

Seal the 22 running or gushing leaks with chemical grout.

(c)

Rehab fractures at Stations 7+74, 13+94, 93+50 and between 95+56 and 95+97.

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(d)

Reline the outlet of sewage meter ST-S-2 [near Fifteen Mile and Dodge Park Roads].

(e)

Reline between Stations 31+00 and 14-02.

PCI-9 (a)

Rehab the hole observed at Station 76+83.

(b)

Seal the one gushing and 9 running leaks with chemical grout.

(c)

Perform chemical grouting in the areas of multiple cracking.

PCI-10A (a)

Seal running and gushing leaks with chemical grout.

(b)

Rehab the areas at Stations 150+07 and 41+49 where scaling has exposed reinforcing steel.

PCI-10B (a)

Seal running and gushing leaks with chemical group.

(b)

Rehab sewer lining at Stations 208+51, 218+07 and 218+41 where scaling has exposed reinforcing steel.

PCI-11A (a)

Seal the 8 running and gushing leaks with chemical grout.

(b)

Rehab the areas near Stations 137+34, 64+22, 63+20, 63+00 and 41+44 where the reinforcing steel is exposed and/or projecting.

(c)

Rehab the areas where there is missing aggregate near Stations 50+43 to 50+36 and 50+12 to 50+07.

Rehab areas where there is projecting aggregate near 138+68, 132+17, 125+80 and 70+15 and between Stations 61+40 to 62+60, 59+54 to 59+72 and 50+12 to 50+31.

2 Detroit_930264_1