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Warren mayor hopeful Freshwater lawsuit is nearing end

WARREN — Mayor Doug Franklin on Tuesday said he understands the lawsuit filed against the city by the Freshwater Accountability Project may be close to a settlement and is hoping it will be complete before the end of the year.

Law Director Gregory Hicks is expected to outline the status of the lawsuit with city council during an executive session at the end of tonight’s council meeting. Hicks would not comment on the lawsuit, only stating there has not been anything filed in federal court indicating the suit has been settled.

An environmental group, Freshwater Accountability Project, filed suit against Patriot Water and Warren in the summer of 2017 stating, in part, Patriot repeatedly exceeded standards for zinc, molybdenum and ammonia.

Warren, the suit claims, failed to issue local limits for barium and does not adequately regulate or monitor for radionuclides.

Freshwater Accountability Project attorneys Megan M. Hunter and James Yskamp last month filed motions asking the federal court to allow partial summary judgments against both Patriot Water and the city.

The Freshwater Accountability project is based out of Grand Rapids, Ohio.

The filing stated that Warren violated the Clean Water Act thousands of times by failing to issue adequate controls as required by its National Pollutant Discharge Elimination System permit.

“Warren violated the terms and conditions of its NPDES permit each and every day from June 27, 2012 to July 19, 2017,” according to the recent filing.

The city has spent $527,339.27 in 2017 and 2018 in connection with the Freshwater lawsuit, according to city Auditor Vince Flask. It has encumbered another $3,916.62 as a result of the lawsuit, according to Flask.

rsmith@tribtoday.com

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