EPA v. CITY OF JACKSON, MISSISSIPPI

Case summary

NOVEMBER 29, 2022 - INTERIM STIPULATED ORDER The Order provides for an Interim Third Party Manager (ITPM) whose objectives are to: (1) operate the City?s drinking water system (System) in compliance with the SDWA; (2) implement capital improvements; (3) implement the Order; (4) abate the imminent and substantial endangerment; and (5) operate and control the City?s water billing system (known as the Water Sewer Business Administration (WSBA)). Duties of ITPM: The ITPM will assume all responsibilities, functions, duties, powers, and authority of the City for running the System and the WSBA. These responsibilities include: Operate, maintain, manage and control the System, including implementing priority capital improvements (the Priority Projects List) subject to available funding. Direct ITPM employees, contractors; City employees and City contractors in operation and maintenance of the System, undertaking projects on the Priority Projects List, operating and managing the WSBA, and other duties under the Order Hire staff for administrative, financial, advisory, legal, accounting. Enter into contracts on behalf of the City for implementation of the Order. Develop a Financial Management Plan for the System that takes into consideration short-term, mid-term, and long term financial needs; rates and rate structure; debt restructuring opportunities; and debt capacity. Seek out and apply for grants, loans, and other sources of funds for implementation of the order. Collect fees and pay bills related to the System Submit Quarterly Status Reports to the court including a description of projects and activities, status, proposed modifications to Priority Project List and an accounting of monies spent by the ITPM. Coordination, Compliance and Reporting: The ITPM will consult and coordinate with the City and EPA on matters which may materially impact the sewer system; The ITPM will respond to notices of violation and orders under the SDWA; complete reports required by regulatory agencies and submit reports required under grants or loans from government agencies. Duties of the City: Cooperate with the ITPM in all respects, fund the operations and maintenance activities, provide to the ITPM the City?s share of any matching funds for any federal or state loans or grants related to the System. Develop an annual budget for the System with ITPM based on projected receivables. Because this is an Interim Stipulated Order (and NOT a traditional Consent Decree), the Order stays litigation for an initial period of six months to allow the parties time to negotiate a Consent Decree, which may be extended upon motion to the court.

Defendants (1)

• CITY OF JACKSON, MISSISSIPPINamed in complaintNamed in settlement

Facilities (1)

• CITY OF JACKSON

  JACKSON, MS

  Registry ID: 110013008501

Statutes cited

• SDWA 1431-PWS — Emergency Powers/PWS
• SDWA 1412/1414 — National Drinking Water Regulations
• SDWA 1412 — Nat'l Drinking Water Compliance Schedule - Effective Date

Enforcement conclusions (1)

• CITY OF JACKSON, MISSISSIPPI (INTERIM STIPULATED ORDER TO STABILIZE)entered 2022-11-29

  Primary law: SDWA

Timeline (5 milestones)

• 2022-08-30Referred To Dept Of Justice
• 2022-09-06Enforcement Action Data Entered
• 2022-11-29Complaint Filed With Court
• 2022-11-29Final Order Lodged
• 2022-11-29Final Order Entered