Ohio files lawsuit on safety of dam

Between 100 and 300 people downstream are at risk.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- As promised, the state is taking legal action in Trumbull County Common Pleas Court over safety of the Lower Girard Lake Dam.
A lawsuit filed Friday by Ohio Attorney General Jim Petro against the city of Girard says the city promised to submit timelines for breach of the dam by March 30, 2005, or repair by June 30, 2005.
The state says Girard did neither, and it wants them done immediately.
The dam has an inadequate spillway capacity and seriously deteriorating concrete, the suit says.
The undersized spillway will not pass the expected inflow during a maximum flood. This could cause dam failure because of the sliding or tipping of the concrete middle portion of the embankment, or erosion of its foundation, the suit says.
People at risk
The state further says that a 1999 final environmental assessment of the dam by the Army Corps of Engineers estimated that between 100 and 300 people downstream of the dam are at risk from a sudden failure.
In October 2005, when the Ohio Department of Natural Resources sent the city a letter warning of the lawsuit, Mayor James Melfi said the city has met some ODNR demands -- such as keeping the valves to the Lower Girard Lake Dam completely open and maintaining the lake at the Upper Girard Lake Dam at least 10 feet below normal pool.
Melfi said the city was working on other demands, such as making sure all gates and valves are operational. Melfi said, however, the city can't afford to repair or replace the dam.
"I am sorry it has come to this, because ODNR has worked with the city and been patient with the city," he said at the time. Melfi could not be reached Friday afternoon. He's said it would cost $10 million to $12 million to replace the dam or about $3 million to repair it. City officials have sought federal funds to fix the dam.
Water source
The lakes were bought in 1995 so that Girard could get away from relying on the Mahoning Valley Sanitary District and have its own water supply. However, Melfi said, it would take a $40 million filtration plant to make that possible.
The state's suit orders the city to immediately remedy the dam safety violations, make all of the gates on the Upper Girard Lake Dam operational, and maintain the water level of the Upper Girard Lake Dam at least 10 feet below normal pool until the Lower Girard Lake Dam is repaired or breached.
It also orders the city to maintain the valves on the Lower Girard Lake Dam completely open and immediately submit plans for the repair or breach of the dam.