EPA v. JEFFERSON COUNTY, ALABAMA (BNK)

Case summary

PROTECTIVE PROOF OF CLAIM (EXISTING CWA CONSENT DECREE). On Nov 8, 2011, Jefferson County, Al filed what has been reported as the largest municipal bankruptcy in US history due to its claim of inability to repay creditors that issued bonds for sanitary sewer and school infrastructure improvements. The bankruptcy case was filed in the US Bankruptcy Court in Birmingham, Alabama. Jefferson County is liable to the United States with respect to the discharge of pollutants (in the form of sanitary sewer overflows or SSOs from its municipal sanitary sewer system) without the required NPDES permits and for violations of its NPDES permits issued pursuant to the CWA. On Dec 9, 1996, the US District Court for the ND of AL entered a CD requiring Jefferson County to undertake comprehensive injunctive relief to bring its sewer collection, transmission and treatment facilities into compliance with the CWA. See Consent Decree in R. Allen Kipp, Jr., et al., and Cahaba River Society v. Jefferson County, Alabama and the Jefferson County Commission, Civil Action No. 93-G-2492-S, United States v. Jefferson County, Alabama, Jefferson County Commission, State of Alabama, Civil Action No.94-G-2947-S. (CONSOLIDATED). On Apr 16, 2008, Dec 8, 2008, Feb 23, 2009, and Apr 29, 2009, the District Court entered Orders terminating provisions of the CD with respect to certain portions of Jefferson County’s sewer system: the Warrior Creek Complete Waste Treatment System, Turkey Creek Complete Waste Treatment System, Trussville Complete Waste System, and the Prudes Creek Complete Waste Treatment System. The applicable CD criterion for such termination was Jefferson County’s successful showing that it had achieved substantial compliance with the goal of eliminating SSOs in these complete waste treatment systems. However, in the Apr 29, 2009 Order, the Court expressly noted that the provisions applicable to the remaining complete waste treatment systems covered in the CD shall remain in full force and effect until such time as the appropriate motion is made to terminate the provisions of the CD applicable to those systems. On Apr 23, 2012, the Court entered an Order terminating provisions of the CD with respect to the County’s Leeds Complete Waste Treatment System. Subsequently, there are four other complete waste treatment systems not covered by the previous orders. Jefferson County has not yet filed a motion arguing that it has achieved substantial compliance with the goal of eliminating SSOs in these remaining complete waste treatment systems. In fact, in at least one of the remaining systems (Valley Creek), SSOs appear to have been increasing. As a result, the CD remains in full force and effect, as to these remaining systems: the Village Creek, Valley Creek, Cahaba River and Five Mile Creek complete waste treatment systems. Jefferson County has completed all of the required injunctive relief provisions in the CD requiring specific remedial measures with respect to these remaining waste treatment systems. Until Jefferson County is able to successfully show that it has achieved substantial compliance with the goal of eliminating SSOs in each of the remaining systems, the County’s only significant remaining CD injunctive relief requirement is to continue implementation of the Collection System Operation and Maintenance Plan (O&M Plan) set forth in Section VII.P of the CD. The O&M Plan includes provisions for the mgmt of fats, oils and grease and the continual assessment and rehabilitation of the sewer collection system. Specifically, Section VII.P.4 of the CD states that “[t]he O&M Plan shall include proposed sewer repair and rehabilitation measures and the conditions under which they will be used.”

Defendants (1)

• JEFFERSON COUNTY, ALABAMANamed in complaintNamed in settlement

Facilities (21)

• VALLEY CREEK WRF

  3923 CLEARWATER DRIVE, BESSEMER, AL, 35023

  Registry ID: 110000513187

• CAHABA RIVER WRF

  3900 VEONA DANIELS ROAD, BIRMINGHAM, AL, 35244

  Registry ID: 110000513249

• CAHABA RIVER WRF

  3900 VEONA DANIELS ROAD, BIRMINGHAM, AL, 35244

  Registry ID: 110000513249

• VALLEY CREEK WRF

  3923 CLEARWATER DRIVE, BESSEMER, AL, 35023

  Registry ID: 110000513187

• CAHABA RIVER WRF

  3900 VEONA DANIELS ROAD, BIRMINGHAM, AL, 35244

  Registry ID: 110000513249

• VALLEY CREEK WRF

  3923 CLEARWATER DRIVE, BESSEMER, AL, 35023

  Registry ID: 110000513187

• VALLEY CREEK WRF

  3923 CLEARWATER DRIVE, BESSEMER, AL, 35023

  Registry ID: 110000513187

• FIVE MILE CREEK WRF

  3410 HAPPY HOLLOW RD, FULTONDALE, AL, 350682019

  Registry ID: 110037221262

• CAHABA RIVER WRF

  3900 VEONA DANIELS ROAD, BIRMINGHAM, AL, 35244

  Registry ID: 110000513249

• VILLAGE CREEK WRF

  1440 PLEASANT HILL ROAD, BIRMINGHAM, AL, 35224

  Registry ID: 110024539132

• CAHABA RIVER WRF

  3900 VEONA DANIELS ROAD, BIRMINGHAM, AL, 35244

  Registry ID: 110000513249

• CAHABA RIVER WRF

  3900 VEONA DANIELS ROAD, BIRMINGHAM, AL, 35244

  Registry ID: 110000513249

• CAHABA RIVER WRF

  3900 VEONA DANIELS ROAD, BIRMINGHAM, AL, 35244

  Registry ID: 110000513249

• VALLEY CREEK WRF

  3923 CLEARWATER DRIVE, BESSEMER, AL, 35023

  Registry ID: 110000513187

• VALLEY CREEK WRF

  3923 CLEARWATER DRIVE, BESSEMER, AL, 35023

  Registry ID: 110000513187

• …and 6 more

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• JEFFERSON COUNTY, ALABAMA (BNK) (04-2014-C004)entered 2013-12-03

  Primary law: CWA

Timeline (8 milestones)

• 2012-03-26Referred To Dept Of Justice
• 2012-03-29Enforcement Action Data Entered
• 2013-08-02Complaint Filed With Court
• 2013-11-06Final Order Lodged
• 2013-12-03Enforcement Action Closed
• 2013-12-03NPDES Closed
• 2013-12-03Concluded
• 2013-12-03Final Order Entered