City agrees to comply with Clean Water Act

Back to TopE-mailPrintBookmark and Share

Faced with hefty fines of more than $27,000 a day for violating the federal Clean Water Act, the city of Jeffersonville has reached a settlement with the federal and Indiana governments, the Department of Justice, and the U.S. Environmental Protection Agency.

The settlement resolved long-standing problems with sewer overflows into the Ohio River and local streams.

The United States filed a suit simultaneously with the consent decree, alleging the city was discharging more pollution into local waterways than allowed by existing permits. In the suit, the U.S. was seeking between $27,500 and $37,500 per day for each violation of the CWA. The state was seeking $25,000 per day for each violation.

The suit and consent decree come as a result of violations to the National Pollutant Discharge Elimination System (NPDES) permits issued to the city in 1999 and 2006. Jeffersonville's sewer system would carry overflow into streams and rivers when swollen with heavy rain or melted snow. Jeffersonville, the Department of Justice, the EPA, Indiana Attorney General, and state and federal governments have been negotiating a settlement for several years after the EPA and Indiana Department of Environmental Management investigated Jeffersonville.

In the decree, Jeffersonville agreed to develop and implement a long-term plan to prevent discharges of untreated wastewater by April 1, 2010. The city has until 2020 or 2025 to eliminate overflows to the Ohio River where feasible, as well as update and improve its sewer systems.

Jeffersonville agreed to pay a $49,500 civil penalty to the U.S. and $8,250 to the state. The state reduced its civil penalty from $82,500 provided the city completes supplemental environmental projects.

The total costs to upgrade the systems are estimated between $100 million and $150 million.

The consent decree is subject to a 30-day public-comment period and approval by the federal court. The decree can be found on the Department of Justice's Web site.

Jeffersonville took the initiative to try to fix the sewer-overflow problems, and was extremely cooperative throughout the negotiation process and negotiated in good faith, said Indiana Attorney General spokesperson Bryan Corbin.

The consent decree and suit were filed Thursday afternoon in U.S. District Court, Southern District of Indiana, New Albany Division.


Sponsored by
Subscribe to Indiana Lawyer
  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.