Jackson, MS Sewer System

Stipulated Order for Sewer Repair

The United States Department of Justice (DOJ), the Environmental Protection Agency (EPA), Mississippi Department of Environmental Quality (MDEQ) and the City of Jackson, MS, agreed to a stipulated order, lodged in federal district court on July 26, 2023.  The order south to accelerate needed sewer system repairs and address spills of raw and undertreated sewage into homes, businesses, streets, yards and waterways.  U.S. District Court Judge Henry Wingate of the United States District Court for the Southern District of Mississippi entered a final stipulated order in the Clean Water Act matter on September 30, 2023. 

The final stipulated order appoints interim third-party manager Ted Henifin to manage, operate and maintain the City’s sewer system. Henifin has been serving as interim third-party manager over the City’s drinking water system and Water and Sewer Billing Administration since November 2022.

The stipulated order requires implementation of programs and capital projects to improve the sewer system’s condition, operations; and maintenance to bring near-term relief to the city’s residents and businesses.  The order is an interim measure until the parties negotiate modifications to an existing 2013 judicially enforceable consent decree to achieve the sewer system’s long-term compliance with federal and state regulations.

The EPA, DOJ and MDEQ hosted three public meetings during the 30-day public comment period to receive input on the proposed order. Hundreds of residents attended.  Oversight and transparency were popular comments.  Agreements were made to make changes to the order  requiring additional financial reporting. EPA worked with the court disclosing certain public comments to Henifin to help investigate the individual drinking water and sewer concerns raised. 

The stipulated order acknowledges the City failed to achieve significant progress under a 2013 consent decree.  The sewer system deteriorated over the last ten years.  This resulted in violations of the consent decree, the federal Clean Water Act (CWA), the Mississippi Air and Water Pollution Control Law (MAWPCL) and the city’s National Pollutant Discharge Elimination System (NPDES) permits associated with the sewer system.

The stipulated order requires Henifin to remediate over 200 locations with current, ongoing SSOs. Most of these locations have SSOs due to broken pipes. The order also requires specific sewer rehabilitation projects, assessment and rehabilitation of two wastewater treatment plants (Trahon and Savanna WWTPs), and annual sewer pipe cleaning requirements. 

Public Participation

The stipulated order requires the interim third-party manager to hold a public meeting within thirty (30) Days after filing each Quarterly Status Report. The goal is to provide progress updates about the implementation of the requirements of the stipulated order. The order requires the interim third-party manager to establish and maintain a public website to inform the public of its work, post Status Reports, post requests for proposals, and post other information pertinent to public disclosure. 

Links

• Final Stipulated Order on Sewer System (pdf) (669.88 KB)
• DOJ, EPA, MDEQ Orden estipulada sobre el sistema de alcantarillado de la ciudad de Jackson Hoja informativa del período de comentarios (pdf) (292.64 KB)
• DOJ, EPA, MDEQ Stipulated Order on City of Jackson, MS Sewer System Comment Period Fact Sheet – August 2023 (pdf) (334.33 KB)
• Interactive Map of the Sewer Overflows

For more information about City of Jackson, MS drinking water, please visit the EPA Jackson drinking water web page at https://www.epa.gov/ms/jackson-ms-drinking-water.