LISBON — Since the city of Salem complied with all requirements of a consent decree agreement with the state of Ohio over a phosphorous discharge issue that dated back to 2002, the consent order is now terminated.

Columbiana County Common Pleas Court Judge Scott Washam issued the judgment entry Wednesday, granting a joint motion filed by both the city and Ohio Attorney General Dave Yost to terminate the consent order entered on Nov. 10, 2022.

“Since entering the consent order, defendant city of Salem has completed all the injunctive relief and paid all civil penalties required under the consent order. There are no remaining obligations left to be implemented by defendant under this consent order,” the motion said.

The consent order ended years of negotiations between the city and the state over how to settle the dispute over the violations levied against the city by the Ohio Environmental Protection Agency over phosphorous discharge levels.

The phosphorous issue began in 2002 when the OEPA issued a renewal permit to the city which put a more stringent limit on the level of phosphorous the city could discharge into the Middle Fork of Little Beaver Creek from the wastewater treatment plant located on Pennsylvania Avenue.

The city appealed the limit to the Environmental Review Appeals Commission, but ERAC upheld the decision of the OEPA. The ruling was appealed again, sent back to ERAC, and ended up in court again, eventually making it to the Ohio Supreme Court. The case was made moot when the OEPA adopted the federal limits for phosphorous discharge.

The OEPA and Ohio Attorney General’s Office originally issued a proposed 29-page consent decree to the city in February 2013. The two sides had been trying to resolve the situation since then, finally coming to an agreement in 2022.

A previous penalty of $983,000 was negotiated down to $50,000 as part of the final consent agreement, to be paid in two separate payments of $25,000 each. The Salem Utilities Commission also had to bring the city wastewater treatment plan into full compliance, which has been done, along with payment of the civil penalty.

During a city council meeting last month, Utilities Superintendent Butch Donnalley reported that Phase Three improvements at the city wastewater treatment plant had reached substantial completion, meaning that all the new equipment, processes, and buildings the department was required to install under the consent decree were complete and operational. At the time, he said the department’s attorney was working with Yost to complete the paperwork to have the consent decree lifted. During the recent Utilities Commission meeting, he said the paperwork was completed and pending review by the judge.

The joint motion said the improvements at the wastewater treatment plant had been constructed, the civil penalty had been paid and an operation and maintenance plan had been submitted to the state.

(Staff Writer Morgan Ahart contributed to this story)