Tuesday, November 29, 2022

EPA Files Proposed Consent Decree

 The Justice Department issued the following statement. 

Today, the United States filed a proposal in federal court that — if approved by the court — would appoint an Interim Third Party Manager to stabilize the city of Jackson, Mississippi’s public drinking water system, and build confidence in the system’s ability to supply safe drinking water to the system’s customers. The city and the Mississippi State Department of Health (MSDH) have signed this order and agreed to its terms. At the same time, the Justice Department, on behalf of U.S. Environmental Protection Agency (EPA), filed a complaint against the city alleging that the city has failed to provide drinking water that is reliably compliant with the Safe Drinking Water Act (SDWA) to the system’s customers. 

The proposal, which was called a “proposed stipulated order” in court filings, is meant to serve as an interim measure while the United States, the city, and MSDH attempt to negotiate a judicially enforceable consent decree to achieve long-term sustainability of the system and the city’s compliance with the SDWA and other relevant laws.  

“Today the Justice Department is taking action in federal court to address long-standing failures in the city of Jackson’s public drinking water system,” said Attorney General Merrick B. Garland. “The Department of Justice takes seriously its responsibility to keep the American people safe and to protect their civil rights. Together with our partners at EPA, we will continue to seek justice for the residents of Jackson, Mississippi. And we will continue to prioritize cases in the communities most burdened by environmental harm.”

“Over the past year, I’ve had the privilege to spend time with people on the ground in Jackson – many who’ve struggled with access to safe and reliable water for years," said EPA Administrator Michael S. Regan. “I pledged that EPA would do everything in its power to ensure the people of Jackson have clean and dependable water, now and into the future. While there is much more work ahead, the Justice Department’s action marks a critical moment on the path to securing clean, safe water for Jackson residents. I’m grateful to the Attorney General for his partnership and commitment to this shared vision.”

“Every American — regardless of where they live, their income, or the color of their skin — deserves access to safe, reliable drinking water,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “For many years now, the people of Jackson have lived in uncertainty — uncertainty about whether, on any given day, the water that flows from their taps will be safe to drink. With our court filings today, we have taken an important step towards finally giving the people of Jackson the relief they so desperately deserve.”

“It is vital that providers of drinking water comply with federal and state laws designed to ensure the safety of the water,” said U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi. “Through this litigation, we will act to ensure that the city of Jackson’s water system will be compliant with the Safe Drinking Water Act and other state and local regulations so that those serviced by the system can have confidence that the water they are consuming is safe. The proposed agreed interim order is a critical first step.” 

The proposal seeks the court’s appointment of an Interim Third Party Manager that would have the authority to, among other things:

  • Operate and maintain the city’s public drinking water system in compliance with SDWA, the Mississippi Safe Drinking Water Act, and related regulations;
  • Take charge of the Water Sewer Business Administration, the arm of the city responsible for billing water users;
  • Implement capital improvements to the city’s public drinking water system, in particular, a set of priority projects meant to improve the system’s near-term stability, including a winterization project meant to make the system less vulnerable to winter storms; and
  • Correct conditions within the city’s public drinking water system that present, or may present, an imminent and substantial endangerment to the health of the city’s residents. 

This court filing marks the latest efforts to address Jackson’s drinking water crisis, but there is much work still to be done to solve the myriad problems plaguing Jackson’s public drinking water system. On July 29, MSDH issued a boil-water notice for Jackson’s public drinking water system. The next month, the city proclaimed an emergency after excessive rainfall and extreme flooding prevented the system from delivering any water to the approximately 160,000 persons living within the city and in certain areas of nearby Hinds County who rely on the system. That meant that many of those residents had no running water to drink, or to use for basic hygiene and safety purposes like washing hands, showering, flushing toilets, fighting fires, or washing dishes. The water pressure was not restored until Sept. 6, and the boil-water notice remained in effect until Sept. 15.

Kingfish note: I'm reading the consent decree right now and taking notes.  The case is assigned to U.S. District Judge Henry Wingate. 

The Street Committee says the city received no bids in response to its RFP to operate the water system. 

 

 

13 comments:

Anonymous said...

No proposals for running the water system? Duh... COJ has not proven an ability to pay the existing water bills... just force the city to hire Richard's and let their incompetence show there as well...

Anonymous said...

The comments make it sound like a civil rights issue rather than an environmental issue

Anonymous said...

>The Street Committee says the city received no bids in response to its RFP to operate the water system.
To the shock of no one who reads this blog (except certain cheerleaders).

Anonymous said...

Once again the STATE will be blamed by all of Jackson for the city not operating the water plant correctly. If they could just fix the broken pipe behind my building that has been broken since last November and reported and looked at 9 times.

Anonymous said...

The perfect trifecta to run the water department: Socrates, Richards, and Wallace.

Anonymous said...

Special rules for special people.

Anonymous said...

Someone should go to jail for what's been happening at that water plant. Accountability, transparency and competency are really, really basic expectations for government. Blaming the other side and turning a blind eye when our side shirks their duty is how corrupt and incompetent leaders stay in place. Mississippi will remain at the bottom as long as voters accept it.

Anonymous said...

I pray the Mayor’s sister. Rukia READS this and accepts the Feds findings. Judge Wingate is a good and fair Judge & not one to play with!

Anonymous said...

when the national democrats can even see through the BS at the local level..that's saying something..

Anonymous said...

@1:25, I read it the same way. The comments from everyone but LaMarca sounded like they were saying "Well, you KNOW this is someone other than the City's fault, right? Probably some white republicans, if you want to know the truth....."

South Jacksonian said...

The next month, the city proclaimed an emergency after excessive rainfall and extreme flooding prevented the system from delivering any water

Edited for accuracy:
"The next month, the city proclaimed an emergency after excessive incompetence and extreme apathy prevented the system from delivering any water"

Anonymous said...

Same corruption another day. The guy they appointed is making a ridiculous salary and has been involved with the water system shenanigans for a while. Follow the money. Their is a reason the mayor is okay with this process and not with the state assisting.

Conductor said...

For you hangers-on who think Chokwe is going to be scooped up into a federal role by the Biden regime, it won't happen. Remember when Phil worked so hard at getting a federal appointment from Trump? As soon as Trump's handlers found out all about Phil, that potato was quickly dropped.

Phil had too much baggage and Chokwe has ten times as much.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.