The Clean Water Act establishes the basic law that regulates the discharge of pollutants in U.S. waters.
A lawsuit that likely will result in increased utility fees for city residents is brewing between the city of Corpus Christi and the Environmental Protection Agency over enforcement of the Clean Water Act. Attempts to reach a settlement between the two failed toward the end of 2015, setting up a possible battle in federal court. If the two entities do not agree on a settlement by Jan. 8, the EPA will almost certainly bring suit against Corpus Christi seeking enforcement of the Clean Water Act.
For some time, the EPA has alleged that the city’s wastewater treatment plants and sewage facilities are in violation of the Clean Water Act and other laws. The Clean Water Act establishes the basic law that regulates the discharge of pollutants in U.S. waters. The EPA also asserts the city has violated Texas laws that govern the discharge of pollutants.
The EPA asserts the city’s six wastewater treatment plants have violated federal law standards numerous times since 2007. Offenses include violating effluent limits, or pollution discharge standards, “more than 120 times” as stated in a confidential settlement letter dated Nov. 2, 2015.
In the same letter, the EPA also asserts that more than 7,000 sanitary sewer overflows occurred in homes and neighborhoods. City officials deny the accuracy of that assessment and insist improvements have been made in city wastewater treatment that has been unrecognized by the EPA.
The two governmental entities, which have tried to settle the lawsuit since 2012, disagree about the length of time the city should have and the amount of money the city must spend to implement corrective action. While the city has offered to spend $655 million in capital improvements to its water treatment and sewage facilities over 15 years, the EPA insists the city spend $808 million and complete the work within 10 years.
Any settlement would eventually become part of a consent decree issued and enforceable by a federal court. Failure by the city to spend the money or complete the improvements in a timely manner could lead to a charge of contempt of court. For this reason, the city insists the amount of money and the timeline conform to what it believes to be possible.
The $153 million difference between the EPA’s offer and the city’s offer is apparently unbridgeable. The city says it cannot come up with that kind of money for repairs within that time frame. Both sides appear to believe they have reached an impasse in the negotiations.
Whatever happens, one thing is certain for the residents of Corpus Christi: They can expect their wastewater rates to go up significantly. The only question is how much.
Andrew Greenwell is a lawyer with a civil trial and appellate practice with a focus on commercial litigation. He was listed as a Super Lawyer in 2011-12 and 2014-15 and a Best Lawyer since 2005.
