ILNews

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT