U.S., Tenn. Announce Clean Water Act Agreement with Memphis
The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the TennesseeAttorney General announced a comprehensive Clean Water Act (CWA) settlement with the City of Memphis, Tenn.
Memphis agreed to make improvements to its sewer systems to eliminate unauthorized overflows of untreated raw sewage. The city estimates such work will cost approximately $250 million.
“This collaborative agreement with the city of Memphis will reduce raw sewage overflows, protecting area waterways now and into the future,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance.
A consent decree was filed Monday in U.S. District Court for the Western District of Tennessee in Memphis. The U.S. and Tennessee previously filed a complaint against Memphis in February of 2010, seeking injunctive relief and civil penalties for Memphis’ alleged violations of the CWA and the Tennessee Water Quality Control Act.
The major features of the consent decree will require Memphis to implement specific programs designed to ensure proper management, operation and maintenance of its sewer systems to eliminate unauthorized overflows of untreated raw sewage. In order to address the problem of grease buildup within the sewer lines, Memphis developed and will be required to implement a comprehensive fats, oil and grease program.
The consent decree will also require Memphis to develop and implement a continuing sewer assessment and rehabilitation program to ensure that the integrity of sewer infrastructure is appropriately maintained to prevent system failures that would likely result in unauthorized overflows. The consent decree will also require Memphis to perform corrective measures in certain specifically identified priority areas.
In addition to the control requirements, the consent decree will also require Memphis to pay a civil penalty of $1.29 million. Half of this amount will be paid to the U.S. The other half of the civil penalty will be paid by Memphis through the performance of certain state projects. These projects include implementation of improvements to Memphis’ Geographic Information System and implementation of an effluent color study to better delineate limits for the color of Memphis’ permitted discharges into the Mississippi River.
