The Parties have now agreed to certain modifications to the Consent Decree, as set forth
herein. The proposed modifications address certain injunctive obligations related to
improvements that have either been built or are required under the Consent Decree to be built at
Toledo's Bay View Plant, and, as an additional requirement, requires Toledo to perform a certain
Pathogen Study, described in Paragraph 4. The proposed amendments to the Consent
Decree result from negotiations among the Parties regarding these amendments and EPA's conditional approval of Toledo's proposed Long Term Control Plan to control Toledo's combined sewer overflows, which Toledo submitted to EPA on April 24, 2009, pursuant to Paragraph 32 of the Consent Decree. EPA has conditioned its approval of Toledo?s proposed Long Term Control Plan, issued to Toledo on June 5, 2009, upon the Court?s entry of this proposed First Amendment to Consent Decree (the First Amendment ). Second Amendment to consent decree filed 4/19/2022