The Sierra Club today will tell the Metropolitan Sewer District, Hamilton County government and the city of Cincinnati it intends to sue them for allowing raw sewage to flow into waterways.

        The environmental group alleges there are more than 100 sanitary sewer overflows that have discharged raw sewage and industrial waste into the Little Miami River and Mill Creek. Sanitary sewers carry raw sewage to treatment facilities but often overflow into waterways during heavy rain.

        The Sierra Club alleges there have been 198 days of violation during the past eight months which, at $25,000 per day, adds up to a potential $4.9 million in fines.

        The MSD is negotiating with the Department of Justice to reach an affordable way to eliminate the overflows. The Justice Department has been trying to force the elimination of sewer overflows since the early 1990s.

        Glen Brand, spokesman for the organization's Midwest office, said the lawsuit can be filed anytime after the 60-day notice expires.Its aim is to give the Sierra Club and county residents a voice in the settlement.

        “We feel we have to resort to a lawsuit to get public officials to carry out their legal responsibilities ... ” he said.

        Pat Karney, director of MSD, said his agency has been aggressive in trying to eliminate the overflows. He said about five have been eliminated in the last two years. About 100 are left.

        Sierra Club officials are asking for a federal court consent decree that would provide a solution to the overflows, including a compliance schedule.

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