Thursday, February 28, 2002
Sierra Club files suit against Hamilton Co.
By Dan Horn
The Cincinnati Enquirer
The Sierra Club sued in federal court Wednesday to force the Metropolitan Sewer District to clean up raw sewage overflows in Hamilton County.
The environmental group's lawsuit comes just two weeks after MSD officials signed an agreement with federal authorities to fix the overflow problem.
As part of the agreement, MSD promised to fix 17 of the worst overflow sites and to put together a plan to repair more than 80 others.
The overflows occur when water from heavy rains fills sanitary sewers, forcing raw sewage to spill into creeks, drainage ditches and neighborhoods.
In its lawsuit in U.S. District Court, the Sierra Club claims MSD's agreement fails to address some of the most serious health and environmental problems caused by the sewage overflows.
The lawsuit asks a federal judge to order a comprehensive plan to fix all of the overflow sites in Hamilton County.
The agreement struck (by MSD) won't solve the problem, said Glen Brand, spokesman for the Sierra Club in Cincinnati. It won't prevent raw sewage from being discharged into waterways and residents' back yards.
He said MSD's promise to repair 17 sites at a cost of $74 million does not go far enough. Mr. Brand said any agreement should explain in detail how the county will repair all of the overflow sites.
County officials, who approved MSD's agreement with federal authorities, declined comment on the lawsuit. But they defended the agreement as a sensible way to deal with a complex problem.
Because the agreement is a federal consent decree, they say, a federal court will be watching to make sure MSD adheres to the terms of the deal.
MSD Director Pat Karney said the agreement sets a timetable to fix the 17 worst sites in the next few years and calls for a detailed plan to fix the remaining sites over the next 20 years. Those repairs could cost between $400 million and $1 billion.
He said the agreement gives the county time to solve the problem in a cost-effective way that will not dramatically increase sewer rates.
This creates rate stabilization for our customers, Mr. Karney said. It's a combination of what is the best outcome for the citizenry and for the environment.
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