EPA v. JACKSON, MS, CITY OF

Case summary

SEPTEMBER 30, 2023 - STIPULATED ORDER ON SEWER SYSTEM (CWA CASE) On September 29, 2023, the United States and State of Mississippi moved for entry of a Stipulated Order in the United States District Court for the Southern District of Mississippi. The Stipulated Order places the operation of the City?s sewer system under the temporary control of an Interim Third-Party Manager and is intended to put the City on a pathway to compliance with the federal Clean Water Act and the Mississippi Air and Water Pollution Control Law. On September 30, 2023, the judge entered the Stipulated Order. On March 1, 2013, the U.S. District Court for the Southern District of Mississippi entered a comprehensive Clean Water Act settlement (consent decree) with the City of Jackson, MS. Jackson has agreed to make improvements to its sewer systems to eliminate unauthorized overflows of untreated raw sewage and unauthorized bypasses of treatment at the Savanna Street Wastewater Treatment Plant (WWTP), the City?s largest WWTP. When wastewater systems overflow, they can release untreated sewage and other pollutants into local waterways, threatening water quality and contributing to beach closures and disease outbreaks. The consent decree requires Jackson to implement specific programs designed to ensure proper management, operations and maintenance of its sewer systems. In order to address the problems of wet weather overflows of raw sewage from the sewer lines, Jackson will develop and implement and comprehensive sewer system assessment and rehabilitation program. The city will also develop and implement a comprehensive performance evaluation and composite correction program to reduce the bypasses of treatment at the Savanna Street WWTP. The consent decree also requires Jackson to develop and implement numerous sewer system capacity, management, operations and maintenance programs, including a pump station operation and preventive maintenance program, a WWTP operation and maintenance program and a water quality monitoring program. In addition to the control requirements, the consent decree requires Jackson to pay a civil penalty of $437,916. As part of the settlement, Jackson has also agreed to implement a Supplemental Environmental Project valued at $875,000 that will provide environmental benefits to the local community. The project involves reducing the flow of water from entering the sewer system by eliminating illicit stormwater connections and repairing defective private lateral sewer lines from low income residential properties. The United States has reached similar agreements in the past with numerous municipal entities across the country including Mobile and Jefferson County (Birmingham), Ala.; Miami-Dade County, Fla.; Atlanta and DeKalb County, Ga.; Northern Kentucky Sanitation District #1 and Louisville MSD, Ky.; Memphis, Knoxville and Nashville, Tenn.; New Orleans, La.; Hamilton County (Cincinnati), Oh. CD TERMINATED ON 9/30/2023.

Defendants (1)

• JACKSON, MS, CITY OFNamed in complaintNamed in settlement

Facilities (3)

• JACKSON POTW - TRAHON AND BIG CREEK WWTF

  ONE APACHE DRIVE, JACKSON, MS, 39212

  Registry ID: 110055990726

• JACKSON POTW, PRESIDENTIAL HILLS

  FRANKLIN D ROOSEVELT DRIVE W, JACKSON, MS, 39213

  Registry ID: 110008515491

• JACKSON POTW, SAVANNA STREET

  3810 I-55 SOUTH AND SAVANNAH ST, JACKSON, MS, 39212

  Registry ID: 110000727394

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• JACKSON, MS, CITY OFentered 2013-03-01

  Primary law: CWA

  Federal penalty: $262,750 · State/local: $175,166 · SEP: $875,000

• JACKSON, MS, CITY OF- STIPULATED ORDER ON SEWER SYSTEM (CWA CASE)entered 2023-09-30

  Primary law: CWA

Timeline (5 milestones)

• 2009-08-27Referred To Dept Of Justice
• 2009-09-11Enforcement Action Data Entered
• 2012-11-20Complaint Filed With Court
• 2023-07-26Final Order Lodged
• 2023-09-30Final Order Entered