The United States of America et al v. The City of Jackson, Mississippi

Filing 40

STIPULATED ORDER ON SEWER SYSTEM. Signed by District Judge Henry T. Wingate on 7/31/2023. (nd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
(Northern Division)
UNITED STATES OF AMERICA,

)
)
and the STATE OF MISSISSIPPI,
)
)
Plaintiffs,
)
)
)
v.
)
)
)
THE CITY OF JACKSON, MISSISSIPPI, )
)
Defendant.
)
)

Case No. 3:12-cv-790-HTW-LGI
STIPULATED ORDER ON
SEWER SYSTEM

I.

BACKGROUND

WHEREAS, the Parties—Plaintiffs the United States of America, on behalf of the United
States Environmental Protection Agency (“EPA”), and the State of Mississippi, acting through the
Mississippi Commission on Environmental Quality and the Mississippi Department of
Environmental Quality (collectively “MDEQ”), and Defendant the City of Jackson, Mississippi
(“City”)—agreed to a Consent Decree to resolve the Plaintiffs’ claims against the City for alleged
violations of the Clean Water Act, 33 U.S.C. § 1251 et seq. (“CWA”), the Mississippi Air and
Water Pollution Control Law, Miss. Code Ann. § 49-17-1 et seq. (“MAWPCL”), and the City’s
National Pollutant Discharge Elimination System (“NPDES”) permits arising from the City’s
Wastewater Collection and Transmission System (“WCTS”) and Wastewater Treatment Plants
(“WWTPs”) (collectively the “Sewer System”);
WHEREAS, the City’s WCTS transports wastewater to three publicly owned WWTPs—
the Savanna Street WWTP, the Trahon/Big Creek WWTP, and the Presidential Hills WWTP—
which are operated by the City pursuant to NPDES permit numbers MS0024295, MS00444059,
and MS0030295, respectively;
WHEREAS, on March 1, 2013, the Court entered a Consent Decree in this case as a
judgment of the Court pursuant to Federal Rules of Civil Procedure 54 and 58 (see Dkt. No. 10)
(“Consent Decree”), and pursuant to Section XVII (Effective Date) of the Consent Decree, the
effective date of the Consent Decree is therefore March 1, 2013;
WHEREAS, the Consent Decree requires the City to undertake, among other things:
(1) the evaluation and rehabilitation of the City’s WCTS, the Savanna Street WWTP, and the main
transmission pipe to the Savanna Street WWTP, known as the West Bank Interceptor; (2) the
development and implementation of numerous programs to ensure proper capacity, management,
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operations, and maintenance of the Sewer System; and (3) the implementation of certain work
required by two prior administrative orders agreed to between the City and MDEQ;
WHEREAS, as the Parties began reporting to the Court in 2021 in joint status reports, the
City has failed to achieve significant progress under the Consent Decree and, as a result, the City
continues to routinely violate the CWA, the MAWPCL, and its NPDES permits and the City’s
Sewer System has deteriorated further;
WHEREAS, the City represents that the City’s performance under the Consent Decree has
been delayed by a number of factors that have impacted the City’s financial capability to comply
with the Consent Decree, including a long period of significantly reduced water and wastewater
billing collections attributed to a failed investment to modernize the City’s customer water meters
and billing system; the downgrading in 2018 of the City’s bond rating; a global COVID-19
pandemic; historic worker shortages, inflation, and supply chain disruption; and a continuing
declining population;
WHEREAS, the Parties have engaged in regular negotiations since 2019 to modify the
Consent Decree’s compliance requirements and deadlines in recognition of the current state of the
Sewer System, longstanding and unanticipated financial difficulties represented by the City, and
the resulting practical realities created by the limited progress under the Consent Decree by the
City;
WHEREAS, because of the City’s violations of the Consent Decree and the law, the
WCTS experiences recurring Sanitary Sewer Overflows (“SSOs”) and/or sewer failures that spill
raw sewage into homes, businesses, streets, yards, waterways, and other properties and the
Savanna Street WWTP repeatedly engages in Prohibited Bypasses of wastewater by releasing
untreated or under-treated wastewater into the Pearl River;
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WHEREAS, from March 1, 2020, to February 28, 2022, the City reported 460 SSOs,
which released over 111,081,920 gallons of untreated wastewater, 13 SSOs at the West Bank
Interceptor low point, which released over 95,219,768 gallons, and 27 Prohibited Bypasses from
the Savanna Street WWTP, which allowed 4,465,590,000 gallons of untreated or under-treated
wastewater to discharge into the Pearl River;
WHEREAS, in March 2023, EPA and MDEQ conducted a three-day Clean Water Act
compliance inspection of the City’s Sewer System and observed that the Trahon/Big Creek WWTP
was not being properly operated and maintained because it lacked a functional grit removal system,
the second oxidation ditch had not been cleaned out or used, and one of the two secondary clarifiers
had not recently been rehabilitated and was not functioning;
WHEREAS, there are currently approximately 215 known locations in the City’s WCTS
requiring immediate emergency repair as a result of known SSOs or other conditions indicative of
sewer failure, yet the City has been unable to respond quickly to or rehabilitate the vast majority
of them;
WHEREAS, due to delays in performance under the Consent Decree and the Parties’
understanding of current conditions of the Sewer System, the Parties have mutually identified
certain capital projects, repairs, and improvements to the Sewer System’s condition and operations
and maintenance that they expect will bring quicker relief to the City’s residents and businesses
and which projects, repairs, and improvements can be completed in a relatively short time
compared to requiring full compliance with the Consent Decree;
WHEREAS, on November 29, 2022, in a separate civil case the United States, on behalf
of EPA, filed a complaint against the City under the Safe Drinking Water Act, 42 U.S.C. § 300f et

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seq. (see United States v. City of Jackson, Mississippi, Case No. 3:22-cv-00686-HTW-LGI (S.D.
Miss.)) (hereinafter “Drinking Water Case”);
WHEREAS, on November 29, 2022, the Court issued an interim stipulated order in the
Drinking Water Case—agreed to by the United States, the Mississippi State Department of Health,
and the City—that appointed an interim third-party manager for the City’s Water System and
Water/Sewer Business Administration Division (see Dkt No. 6 in Drinking Water Case);
WHEREAS, the Parties now request that the Court issue this Stipulated Order on Sewer
System (“Stipulated Order”) to similarly appoint an interim third-party manager for the City’s
Sewer System;
WHEREAS, the Parties recognize the City has over $8 million in American Rescue Plan
Act (“ARPA”) funds that will be partially matched by State ARPA funds through the Mississippi
Municipality and County Water Infrastructure grant program administered by MDEQ;
WHEREAS, the Parties recognize $125 million has been authorized for the U.S. Army
Corps of Engineers (“USACE”) to design and construct improvements to the Sewer System and
Water System under the Water Resources Development Act Section 219; this significant funding
is available to improve the Sewer System and Water System provided (i) the Sewer System Interim
Third-Party Manager (“ITPM”) or the City enters into a Project Partnership Agreement with
USACE, (ii) the USACE (after discussions with the ITPM or the City) then submits a work plan
request to the Assistant Secretary of the Army (Civil Works) to obtain its portion of the funding
that will be utilized for that work plan year, (iii) the Assistant Secretary of the Army (Civil Works)
approves the funding, and (iv) the ITPM or the City is able to provide local matching funds (or
obtain a waiver) before initiation of the project(s) approved in the work plan;

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WHEREAS, in February 2023, the City and USACE entered into a Project Partnership
Agreement for work to rehabilitate the Savanna Street WWTP;
WHEREAS, the ITPM has indicated that within 30 Days of the Order Effective Date he
intends to enter into contracts/agreements to respond to sewer overflows and post signage about
sewer overflows for which there is a reasonable expectation of public exposure as well as to
continue the Fats, Oils, and Grease inspections of food service establishments;
WHEREAS, the Parties agree that the City is violating the Consent Decree, the CWA, the
MAWPCL, and the NPDES permits, and assessment of stipulated penalties under the Consent
Decree, modification of the terms of the Consent Decree, and/or litigation is necessary to resolve
such non-compliance;
WHEREAS, the Parties intend to modify the terms of the Consent Decree and recognize
that any such modification must take into account the finances, resources, and other considerations
associated with the City’s Water System;
WHEREAS, the Parties agree that during the pendency of this Stipulated Order, the
Consent Decree is stayed;
WHEREAS, the Parties agree that upon termination of this Stipulated Order, the stay of
the Consent Decree shall be lifted;
NOW THEREFORE, the Parties agree and stipulate, and the Court ORDERS:
II.
1.

JURISDICTION AND VENUE

This Court has jurisdiction over the subject matter of this action, pursuant to 28

U.S.C. §§ 1331, 1345, and 1355, and Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and over
the Parties. This Court has supplemental jurisdiction over the state law claims asserted by the
State pursuant to 28 U.S.C. § 1367. Venue lies in this District pursuant to Section 309(b) of the
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CWA, 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1391(b) and 1395(a), because it is the judicial
district where the City is located, where a substantial part of the events or omissions giving rise to
the claims occurred, and where the alleged violations occurred.
III.
2.

DEFINITIONS

Unless otherwise expressly provided in this Stipulated Order, terms used in this

Stipulated Order that are defined by the CWA and the regulations promulgated thereunder shall
have the meanings ascribed to them therein. Whenever the terms set forth below are used in this
Stipulated Order, the following definitions shall apply:
“Building Backup” shall mean a wastewater release or backup into a building that is caused
by blockages, flow conditions, or other malfunctions in the WCTS. A wastewater backup or
release that is caused by blockages, flow conditions, or other malfunctions of a Private Lateral is
not a Building Backup.
“City” shall mean the City of Jackson, Mississippi.
“City Council” shall mean the duly elected Jackson City Council pursuant to Miss. Code
Ann. § 21-8-7.
“Day” or “Days” shall mean a calendar day or calendar days. In computing any period of
time under this Stipulated Order, where the last day would fall on a Saturday, Sunday, or federal
holiday, the period shall run until the close of business of the next working day.
“Director of Public Works” or “Public Works Director” shall mean the Director of the City
of Jackson’s Public Works Department, or of any successor department of the City of Jackson, and
may include any persons within the Public Works Department with the appropriate delegated
authority to act on behalf of or in the absence of the Director of Public Works.
“EPA” shall mean the United States Environmental Protection Agency and any successor
departments or agencies of the United States.
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“Emergency Sewer Failure” or “ESF” shall mean locations of known SSOs or other
conditions indicative of sewer failure that have been prioritized for assessment and repair and are
identified on Appendix C.
“ITPM Agents” shall mean the ITPM’s staff and agents including officers, managers,
accountants, consultants, professionals, contractors, engineering firms, and counsel.
“Mayor” shall mean the duly elected Mayor of the City of Jackson, pursuant to Miss. Code
Ann. § 21-8-7, and may include any persons with the appropriate delegated authority to act on
behalf of the Mayor.
“MDEQ” shall mean the Mississippi Department of Environmental Quality and any of its
successor departments or agencies of the State of Mississippi.
“MOM” or “Management, Operations, and Maintenance” shall mean a program of
accepted industry practices to properly manage, operate, and maintain sanitary wastewater
collection, transmission, and treatment systems, and respond to Sanitary Sewer Overflow events.
“Month” shall mean calendar month.
“MSDH” shall mean the Mississippi State Department of Health and any successor
department or agency of the State of Mississippi.
“New Contracts” shall mean all City contracts pertaining to the Sewer System entered into
after the Order Effective Date.
“Office of the City Attorney” shall mean the City of Jackson’s Office of the City Attorney,
as defined in Section 2-216 of the Code of Ordinances, City of Jackson, Mississippi, and any
successor department or office of the City, and shall include any outside counsel retained by the
City for representation in this matter.
“Order Effective Date” shall mean the date of entry of this Stipulated Order by the Court.
“Paragraph” shall mean a portion of this Stipulated Order identified by an Arabic numeral.
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“Parties” shall mean the United States, MDEQ, and the City of Jackson.
“Pre-Existing Contracts” shall mean all City contracts pertaining to the Sewer System in
existence as of the Order Effective Date.
“Private Lateral” shall mean that portion of a sanitary sewer conveyance pipe that extends
from the wastewater main to the single-family, multi-family, apartment, or other dwelling unit or
commercial or industrial structure to which wastewater service is or has been provided.
“Prohibited Bypass” shall mean the intentional diversion of waste streams from any portion
of a treatment facility which is prohibited pursuant to the terms set forth at 40 C.F.R. § 122.41(m).
“Public Works Department” shall mean the City of Jackson Department of Public Works
and any successor department or office of the City of Jackson.
“Quarter” and “Quarterly” shall refer to the calendar year quarters beginning on January 1,
April 1, July 1, and October 1.
“Sanitary Sewer Overflow” or “SSO” shall mean any discharge of wastewater to waters of
the United States or the State from the City’s Sewer System through a point source not specified
in any NPDES permit, as well as any overflow, spill, or release of wastewater to public or private
property from the Sewer System that may not have reached waters of the United States or the State,
including all Building Backups.
“Section” shall mean a portion of this Stipulated Order identified by a Roman numeral,
unless the Stipulated Order states that the “Section” referred to is a section of a statute or
regulation.
“Sewer Service Charges” shall mean rates and amounts required to be paid for sewer
services per month by customers whose sewage and wastewater empties into the City’s collection
and treatment systems as prescribed in Section 122-234 and Section 122-235 of the Code of
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Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 10 of 56

Ordinances, City of Jackson, Mississippi or such charges as may otherwise be imposed by the
ITPM in accordance with the authority provided in this Stipulated Order and/or the interim
stipulated order (Dkt. No. 6) in the Drinking Water Case.
“Sewer System” shall mean the WCTS and the WWTPs.
“Water System” shall mean the City’s public drinking water system consisting of the
surface water system identified as PWS ID No. MS0250008, the groundwater system identified as
PWS ID No. MS0250012, and appurtenant treatment, storage, and distribution facilities.
“WCTS” or “Wastewater Collection and Transmission System” shall mean the municipal
wastewater collection, retention and transmission system, including all pipes, force mains, gravity
sewer lines, pump stations, pumps, manholes, and appurtenances thereto, which are owned or
operated by the City.
“WWTPs” or “Wastewater Treatment Plants” shall mean devices or systems used in the
storage, treatment, recycling, and reclamation of municipal wastewater. For purposes of this
Stipulated Order, this definition shall include all facilities owned, managed, operated, and
maintained by the City, including but not limited to the following treatment facilities: the Savanna
Street WWTP located at 3810 I-55 South & Savanna Street, Jackson, Mississippi 39121; the
Trahon/Big Creek WWTP located at One Apache Dr., Landfill Road, Byram, Mississippi; the
Presidential Hills WWTP located at Franklin D. Roosevelt Dr. W, Jackson, Mississippi; and all
components of such wastewater treatment plants.
“Water/Sewer Business Administration Division” or “WSBA” shall mean the division
within the Department of Public Works responsible for all aspects of billing customers for and
collecting payments from customers for water, sewer, and sanitation services, which currently
includes the responsibility for (i) establishing customer service agreements and setting up the
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associated account(s), including, where necessary, the setting and commissioning of new meters;
(ii) collecting water and sewer consumption data using meters and an advanced metering
infrastructure system and, where necessary, obtaining manual meter reads; (iii) processing the
collected data using a billing software system; (iv) generating bills for water and sewer services
based directly on the consumption data and the associated volumetric rate and for sanitation
services based on a flat charge; (v) causing bills to be mailed to customers, including coordination
with the Water/Sewer Utilities Division in mailing out required notices; (vi) responding to
customer issues about bills; (vii) collecting and processing customer payments; and (viii)
providing administrative hearings to customers for billing disputes and representing the interests
of the Water/Sewer Utilities Division in such administrative hearings and any appeals of the
decision of the hearing officer.
“Water/Sewer Utilities Division” shall mean the City of Jackson’s Water/Sewer Utilities
Division of the Department of Public Works and any successor division or department of the City
of Jackson.
IV.
3.

INTERIM THIRD-PARTY MANAGER

Interim Third-Party Manager.

In accordance with Federal Rule of Civil

Procedure 66, Edward “Ted” Henifin is hereby appointed as Interim Third-Party Manager of the
Sewer System. The ITPM and ITPM Agents shall have the status of officers and agents of this
Court. Solely for the purpose of implementing this Stipulated Order, Ted Henifin may operate
through JXN Water, Inc., or a successor entity. Any document submitted pursuant to the Stipulated
Order through JXN Water, Inc., or a successor entity, to the City, MDEQ, or EPA shall be signed
by Ted Henifin as ITPM.
4.

Objectives. The ITPM shall pursue the following objectives:
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a.

To operate, maintain, manage, and control the Sewer System in compliance

with the CWA, MAWPCL, their implementing regulations, and all applicable NPDES permits,
and to implement capital improvements to the Sewer System, including those identified in the
Sewer Priority Project List (attached hereto as Appendix A); and
b.

To comply with all the requirements of this Stipulated Order, including but

not limited to: (i) implementing each of the projects included in the Sewer Priority Project List, in
accordance with the Sewer Priority Project List Implementation Schedule (“Implementation
Schedule”); (ii) advising, consulting, and collaborating weekly with the Director of Public Works
and consulting with EPA and MSDH, in making financial, managerial, planning, and operational
decisions about the Sewer System where such decisions have the potential to materially impact the
Water System; (iii) performing all reporting requirements outlined in Paragraph 17 (ITPM
Reporting Requirements) herein; and (iv) making discretionary financial, managerial, planning,
and operational decisions that are in the best interest of the Sewer System.
5.

Responsibilities and Authority of ITPM. Except as otherwise provided in this

Stipulated Order, in accordance with Fed. R. Civ. P. 66, the ITPM shall have the full power and
authority necessary to carry out the requirements of this Stipulated Order and all powers and
authority under all applicable state and federal law and, as an appointed officer of this Court,
assumes all of the responsibilities, functions, duties, powers, and authority of the City insofar as
they affect compliance with this Stipulated Order. The ITPM, as well as any ITPM Agents as
specifically directed in writing by the ITPM, assumes all of the responsibilities, functions, duties
powers, and authority of the City insofar as they affect compliance with any of the City’s
outstanding debt obligations for the Water System and Sewer System. The ITPM shall:

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a.

Operate, maintain, manage, and control the Sewer System, including

implementation of the Sewer Priority Project List in accordance with the Implementation
Schedule, consistent with the terms of this Stipulated Order;
b.

Advise, consult, and collaborate weekly with the Director of Public Works

on all material aspects of complying with this Stipulated Order and operation of the Sewer System
and advise, consult, and collaborate with the Director of Public Works and consult with EPA and
MSDH in making financial, managerial, planning, and operational decisions about the Sewer
System where such decisions have the potential to materially impact the Water System;
c.

Pay any and all bills related to the Sewer System from accounts established

for the benefit of the Sewer System, including but not limited to the ITPM Professional Sewer
Budget, Sewer O&M Account, and/or Sewer Capital Improvements Account (as defined herein),
as appropriate;
d.

Collect all funds generated through the operations of the WSBA and those

funds generated through the operations of the Sewer System and Water System (“System
Revenues”), including, but not limited to, tap fees; Fats, Oils, and Grease (FOG) permits; fees
from the disposal of septage, leachate, and other sewage byproducts; fees from the operation of
the Industrial Pretreatment Program; and any fines assessed for violations of the City’s Sewer Use
Ordinance, Sections 122-166 through 122-180;
e.

Pay any and all bond indebtedness and loans of the Sewer and Water

Systems (“System Indebtedness”) as they become due, or early in the ITPM’s discretion.
Reimburse the City on the 15th of each month the amount of state sales tax intercepted during the
previous month by the State of Mississippi for State Revolving Loan Fund (“SRF”) payments
related to Sewer and Water Systems’ SRF debt outstanding as of the Order Effective Date. Make
any necessary reporting to the appropriate lenders, reporting agencies, bond holders, bond insurers,
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and any other agencies or entities in accordance with the loan and bond documents for the
outstanding System Indebtedness with the assistance of the financial professionals retained by the
ITPM in its discretion. System Indebtedness may be restructured, refinanced, retired, defeased or
otherwise modified in the best interest of the Sewer System to the extent allowed by law and
consistent with obligations associated with existing System Indebtedness. As such, the ITPM in
consultation with the City, shall have the full authority to take all steps necessary to execute a
restructuring, refinancing, retirement, defeasance or other modifications of outstanding System
Indebtedness, including but not limited to entering into agreements with agents, banks, insurers,
or other parties. Additionally, the issuance of new debt in support of the Sewer System is within
the authority and discretion of the ITPM. Any disputes between the City and the ITPM arising
from the ITPM’s reporting obligations or its restructuring, refinancing, retirement or other
modifications of outstanding System Indebtedness shall be within the exclusive jurisdiction of this
Court. Notwithstanding any provision of this Order, a dispute arising between the City and the
ITPM regarding obligations related to system indebtedness shall not extend, postpone, or affect in
any way any obligation of the City or the ITPM under this Stipulated Order.
f.

Work cooperatively with the City to ensure that information will be properly

submitted to the appropriate lenders, reporting agencies, bond holders, bond insurers, and any other
agencies or entities as heretofore referenced pursuant to the fulfillment of any continuing
disclosure obligations with respect to existing System Indebtedness as of the date of this Stipulated
Order;
g.

Not take or fail to take any action that would cause tax-exempt System

Indebtedness existing as of the date of this Stipulated Order to lose its tax-exempt status;

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h.

Consult with professionals, including legal and financial advisors, prior to

the issuance, restructuring, refinancing, retirement, or other modifications of outstanding System
Indebtedness and to ensure compliance with obligations associated with System Indebtedness.
i.

Direct ITPM Agents, City employees, and City contractors in the operation,

maintenance, management, and control of the Sewer System; in the undertaking of the Sewer
Priority Project List; and in the performance of duties associated with this Stipulated Order;
j.

Respond to notices of violation, information requests, and lawful orders

regarding the Sewer System from local, state, and federal governments;
k.

Complete, sign, verify, and submit reports required under the CWA,

MAWPCL, and NPDES permits or required under any grants or loans or other financial
instruments (including but not limited to Municipality and County Water Infrastructure grants and
SRF loans);
l.

Timely complete, sign, verify, and submit NPDES permit renewal

applications for each WWTP, including performing any sampling necessary to complete such
applications;
m.

Timely complete and execute all documents required under 11 Miss.

Admin. Code Part 6, Chapter 1, Rule 1.1.6.B(1) regarding new connections to the Sewer System;
n.

Make best efforts to implement MOM programs to properly manage,

operate, and maintain the Sewer System, including, but not limited to, the following programs: (i)
Sewer Overflow Response Plan (“SORP”), which includes posting signage about sewer overflows
for which there is a reasonable expectation of public exposure, originally approved under the
Consent Decree as Appendix E on October 10, 2011; (ii) Gravity Line Preventive Maintenance
Program (“GLPMP”), approved by EPA on April 21, 2015, which includes programs and
procedures for cleaning and CCTV of lines on a recurring scheduled basis as outlined in the
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GLPMP; (iii) Fats, Oils, and Grease (“FOG”) Control Program, approved by EPA on August 9,
2016; and (iv) Pump Station Operations Program (“PSOP”) and Pump Station Preventive
Maintenance Program (“PSPMP”), each approved by EPA on June 17, 2014. The ITPM shall
submit any proposed revisions to the substance of the SORP, GLPMP, FOG, PSOP, or PSPMP no
later than three hundred sixty-five (365) Days after the Order Effective Date to EPA and MDEQ
and shall implement the programs, as revised, upon written approval by EPA after consultation
with MDEQ. Any modification of a MOM program proposed by the ITPM and approved by EPA,
after consultation with MDEQ, shall not be considered as a modification of the Consent Decree
already entered in this case;
o.

Access, without limitations, the staff, documents, books, records, electronic

data, and facilities of the City deemed necessary by the ITPM for carrying out this Stipulated Order
and make such employees and items available to any ITPM Agent;
p.

Hire any ITPM Agent that the ITPM deems necessary for the performance

of administrative, financial, advisory, legal, technical, accounting, or other services;
q.

Enter into contracts, as provided herein, on behalf of or for the benefit of

the City, that are necessary for the operation and maintenance of the Sewer System and/or to
comply with or implement this Stipulated Order;
r.

Hire and/or contract directly with such operators or ITPM Agents that are

necessary for the undertaking of the Sewer Priority Project List or preparing financial reports or
legal documents associated therewith;
s.

Make such purchases as the ITPM deems necessary for the benefit of the

Sewer System. In exercising procurement authority and awarding New Contracts that do not
involve funds from grants or loans administered by MDEQ, the ITPM may choose not to comply
with Miss. Code Ann. § 31-7-13 and instead use best efforts to have the procurement process be
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competitive, transparent, and efficient. For any purchases that are made using funds from grants
or loans administered by MDEQ, the ITPM must comply with the terms, conditions, and
assurances of the grant or loan providing the funds including compliance with Miss. Code Ann.
§ 31-7-13;
t.

Perform, modify, or terminate Pre-Existing Contracts. The ITPM’s ability

to modify or terminate Pre-Existing Contracts shall be governed by the contract’s terms or as
allowed by law. The ITPM shall consult with the Office of the City Attorney in modifying or
terminating Pre-Existing Contracts;
u.

Enter into New Contracts related to the Sewer System. The terms and

conditions of any New Contracts entered into by the ITPM shall be based on a form contract agreed
upon by the ITPM and the City. The ITPM shall consult with the Office of the City Attorney in
negotiating New Contracts whose terms extend beyond one (1) year after the Order Effective Date.
The ITPM’s ability to modify or terminate New Contracts shall be governed by the contract’s
terms or as allowed by law;
v.

Submit, within sixty (60) Days of the Order Effective Date, through a

professional financial advisor, an update to the Financial Management Plan dated January 27,
2023, prepared pursuant to the interim stipulated order in the Drinking Water Case, that takes into
consideration the short-term (12-18 Months), mid-term (1.5 to 5 years), and long-term (more than
5 years) operation and maintenance and capital improvement funding needs of the Sewer System,
Water System, and WSBA; identifies possible sources of funding, including but not limited to SRF
loans, Municipality and County Water Infrastructure grants, and Water Resources Development
Act Section 219 matching funding, for those needs and includes an implementation plan and
schedule for seeking such funding; identifies opportunities for debt restructuring relevant to the

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Sewer System, Water System, and/or WSBA and includes a plan and schedule for seeking such
debt restructuring; and update the Financial Management Plan as warranted;
w.

Within ninety (90) Days of the Order Effective Date, and annually until the

termination of this Stipulated Order, meet with the City to discuss the need to adjust the Sewer
Service Charge structure, the Sewer Service Charges under the existing or a modified structure,
and any fees that the City charges customers for sewer utilities:
i.

If, in reliance on the latest Financial Management Plan and after

consulting with the Mayor and the Mayor’s staff, the ITPM deems a modification of the
Sewer Service Charge structure or a Sewer Service Charge or fee increase appropriate to
meet the requirements of this Stipulated Order, the Mayor shall propose an amendment,
consistent with the ITPM’s recommendation, to Sections 122-234 and/or 122-235, Code
of Ordinances of Jackson, Mississippi, to be placed on the agenda of the next scheduled
regular City Council meeting;
ii.

In the event the City Council does not pass an amendment proposed

by the Mayor in accordance with the preceding sub-Paragraph and more than three hundred
sixty-five (365) Days have passed from the date of the last Sewer Service Charges
adjustment, the ITPM shall have the full power and authority to adjust the Sewer Service
Charges, Sewer Service Charges structure, and/or fees without the necessity of any actions
on the part of the City Council and with thirty (30) Days’ notice to the Mayor, Director of
Public Works, the City Council, and the Sewer System’s customers published in
accordance with Miss. Code Ann. § 21-13-11 and published on the ITPM’s website;
x.

Seek out, apply for, and execute state and federal grants, loans, and other

sources of funds (including but not limited to Municipality and County Water Infrastructure grants,
SRF loans, and funds under Water Resources Development Act Section 219) for the
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implementation of this Stipulated Order and for funding of the ITPM Professional Sewer Account,
Sewer O&M Account, and Sewer Capital Improvements Account, as they are defined herein,
subject to the limitations of Paragraph 6 (Limitations of ITPM’s Authority). Where local matching
funds are required to access available grants, the ITPM shall make best efforts to obtain such funds
—taking into account all available WSBA revenues for the Water System and Sewer System—
and, if not available, seek a waiver of any such local matching requirement;
y.

Modify, update, or reprioritize the Sewer Priority Project List and the

Implementation Schedule, consistent with Paragraph 19 (EPA Review);
z.

Develop and submit to the Parties an ITPM Transition Plan that shall set

forth necessary and reasonable actions the City and the ITPM shall take to transition operation,
maintenance, management, and control of the Sewer System and the timeframes for such actions.
The Plan shall include logistical steps, at a minimum, to transfer the ITPM’s processes and
procedures (as applicable), contracts and contract oversight, staff, bank account access, and to
provide necessary training to relevant City employees and/or contractors;
i.

The ITPM shall begin meeting with the Public Works Director at

least weekly (or another schedule as mutually agreed between the Public Works Director
and the ITPM) to discuss the ITPM Transition Plan no later than three (3) years after the
Order Effective Date. If the Court enters an order granting a motion for termination of
the interim third-party managership under Paragraph 10 or an order granting a motion for
termination of the Stipulated Order under sub-Paragraphs 28.a, b, or c, then the ITPM
shall begin such meetings with the Public Works Director within seven (7) Days of entry
of such order;
ii.

The ITPM Transition Plan shall be submitted to the Parties no later

than three (3) years after the Order Effective Date. If the Court enters an order granting a
18

motion for termination of the interim third-party managership under Paragraph 10 or an
order granting a motion for termination of the Stipulated Order under sub-Paragraphs 28.a,
b, or c, the ITPM shall submit the ITPM Transition Plan to the Parties within sixty (60)
Days of entry of such order. The Parties shall have thirty (30) Days following the date of
submittal to review and comment on the ITPM Transition Plan. Within fifteen (15) Days
after receiving comments from all Parties, the ITPM shall file the ITPM Transition Plan on
the Court’s docket for the Court’s approval. Any Party shall be permitted to file any
objection to the ITPM Transition Plan within thirty (30) Days of its submission to the
Court;
aa.

Develop a Further Measures Report that includes a comprehensive review

of the status of the projects and MOM programs required under this Stipulated Order and
recommendations for additional work and programs to be performed. The ITPM shall submit the
Further Measures Report to the Parties concurrently with the ITPM Transition Plan;
bb.

The ITPM shall make its staff and contractors, including WSBA staff and

contractors, reasonably available—consistent with their existing duties during the transition period
under the ITPM Transition Plan—to educate, interface with, and assist the City in the transfer of
responsibilities to implement this Stipulated Order. During the transition period under the ITPM
Transition Plan, the ITPM shall pay necessary and reasonable salaries and training costs for City
employees and/or contractors that will carry out the programs and procedures of the Stipulated
Order in accordance with the Court-approved ITPM Transition Plan;
cc.

Subject to the exception in sub-Paragraph 5.s, comply with the terms,

conditions, and assurances of any current or future grant or loan that funds the Sewer System;
dd.

In the ITPM’s judgment, except as otherwise required herein, consult with

EPA and MDEQ with respect to any material aspect of complying with this Stipulated Order and
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secure technical advice or assistance from EPA and MDEQ for the purpose of ensuring compliance
with the CWA and all other applicable laws and regulations;
ee.

Cause to be issued any notices to customers, EPA, and/or MDEQ required

under the CWA, MAWPCL, and their implementing regulations;
ff.

Cause to be compiled and issued any reports to customers required under

the CWA, MAWPCL, and their implementing regulations;
gg.

Cause to be implemented procedures and practices, including procedures in

the SORP, to receive customer complaints at any hour of any day regarding SSOs and conditions
of the Sewer System and to track and address customer complaints;
hh.

Determine, in consultation with the Director of Public Works the amount of

WSBA revenues that shall be directed to the Sewer System;
ii.

Provide funding in an amount of up to $400,000 per year to support the

City’s efforts to modify the Consent Decree or negotiate a superseding Consent Decree under
Paragraph 27, including the City’s retention of consultants and attorneys. The funding will be
included in periodic updates to the Financial Management Plan. The ITPM shall commence
providing the funding no earlier than two (2) years following the Order Effective Date and on a
date/schedule agreed to by the ITPM and the City. If the Court enters an order granting a motion
for termination of the interim third-party managership under Paragraph 10 or an order granting a
motion for termination of the Stipulated Order under sub-Paragraphs 28.b or c, the ITPM shall
commence providing the funding on a date/schedule agreed to by the ITPM and the City. The City
and the ITPM will make best efforts to agree on the amount of funding necessary, subject to the
annual cap above or as mutually agreed between the City and the ITPM. The City will provide
the ITPM with specific documentation of the uses of such funds;

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jj.

Make best efforts over the four (4) years from the Order Effective Date to

implement the Supplemental Environmental Project (“SEP”) pursuant to Appendix F of the
Consent Decree to the extent of the balance remaining in the City’s escrow fund for the SEP; and
kk.

Reimburse the City for the fully burdened personnel costs of any City staff

retained on the JXN Water, Inc. staff during the term of this Stipulated Order within forty-five (45)
Days of receipt of a detailed invoice from the City for costs incurred.
6.

Limitations of ITPM’s Authority. Unless otherwise ordered by the Court, the

ITPM shall not:
a.

Encumber or sell any real property asset of the City;

b.

Purchase any real property for administrative use without the consent of the

c.

Transfer ownership of any Sewer System assets from the City of Jackson to

City;

any other governance structure or operating entity;
d.

Propose or agree to consolidate the Sewer System with any other public or

private utilities;
e.

Authorize another governmental agency to operate a publicly owned

treatment works within the Sewer System’s current service areas; or
f.

Apply for a loan in excess of the amount of additional debt capacity

recommended in the latest Financial Management Plan.
7.

ITPM/City Disputes. Disputes between the ITPM and the City shall be limited to

disputes relating to: (i) Sewer Service Charge increases, (ii) grant applications and SRF loan
applications or any other indebtedness in excess of the amount of additional debt capacity
recommended in the latest Financial Management Plan, (iii) the form contract for New Contracts,
(iv) the date/schedule and amounts for the ITPM’s provision of funding to support the City’s
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efforts to modify the Consent Decree or negotiate a superseding Consent Decree, (v) issues that
arise under this Stipulated Order relating to the Sewer O&M Account, or (vi) decisions regarding
the Sewer System that have the potential to materially adversely impact the Water System or
WSBA. A dispute will be initiated by the City serving on the ITPM a written notice of dispute
within ten (10) Days of the Office of the City Attorney receiving knowledge of an action by the
ITPM which has aggrieved the City, with a copy to both EPA and MDEQ. The ITPM and the City
will engage in informal discussions in an attempt to resolve any dispute. If the City and the ITPM
cannot resolve the dispute within thirty (30) Days of the invocation of informal discussions, the
City may file a request to this Court for judicial resolution within ten (10) Days of the conclusion
of the informal discussion period. The United States and MDEQ shall be permitted to file
statements of position with respect to any disputes submitted to this Court within thirty (30) Days
of the City’s filing of the motion for judicial resolution.
8.

Liability of the ITPM.
a.

The ITPM is subject to the oversight of the Court.

b.

Except for instances of willful misconduct or gross negligence, the ITPM

and ITPM Agents shall have the status of officers and agents of this Court, and shall be vested
with the same immunities as vested with this Court. No suit shall be filed against the ITPM or
ITPM Agents without leave of this Court except as provided in 28 U.S.C. § 959(a).
c.

Subject to the following sub-Paragraph 8.d, the City shall indemnify, hold

harmless, and defend the ITPM and ITPM Agents from any claim asserted by a third-party with
respect to actions taken in their official capacity within the scope of this Stipulated Order, with the
exception of any gross negligence or willful misconduct, including but not limited to conduct
which constitutes fraud, malice, libel, slander, defamation, or any criminal offense.

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d.

With respect to Sewer Overflow Response Plan (SORP) obligations relating

to Building Backups caused by the Sewer System but not attributable to force majeure or other
mitigating circumstances, that occur within one (1) calendar year following the Order Effective
Date, the City will continue to pay the cost of cleanup for Building Backups verified to the City’s
Risk Manager by the ITPM. Thereafter, the ITPM shall be responsible for the cost of cleanup for
Building Backups that occur after one (1) calendar year following the Order Effective Date and
which are caused by the Sewer System but not attributable to force majeure or other mitigating
circumstances. With respect to any payments by the City for damages arising from such Building
Backups that occur after one (1) calendar year following the Order Effective Date, the ITPM shall
reimburse the City up to $250,000 per year in damages.
e.

In light of the need for the ITPM and ITPM Agents to focus their attention

on the obligations of this Stipulated Order, unless granted leave of the Court, the ITPM and ITPM
Agents may not testify in any litigation or proceeding, other than this case, with regard to acts or
omissions of the City, the ITPM, or ITPM Agents relating to the Sewer System.
9.

Removal or Replacement of the ITPM.
a.

For good cause shown, the United States, MDEQ, or the City may move for

removal or replacement of the ITPM.
b.

After forty-five (45) Days’ notice to the Parties, the ITPM may file a notice

of withdrawal with this Court.
c.

The ITPM shall cooperate with the Parties to identify an appropriate

replacement and to take any steps necessary to facilitate the transfer of ITPM authority to the
replacement ITPM. This shall include, but not be limited to, the transfer/assignment of financial
authority, all contractual matters, entities/agents used by the ITPM, and other actions to allow the
replacement ITPM to assume all ITPM responsibilities and authority under this Stipulated Order.
23

d.

In the event the ITPM’s appointment is terminated for good cause in

accordance with sub-Paragraph 9.a or the ITPM provides the notice required under sub-Paragraph
9.b, the Parties shall, jointly or separately, propose at least one ITPM candidate for replacement.
The Court shall select and appoint the replacement ITPM from the candidates provided by the
Parties.
e.

Unless the ITPM has elected to withdraw due to some disability or other

exigent circumstance that prevents the performance of ITPM duties, the ITPM shall continue to
perform ITPM duties until at least thirty (30) Days after the ITPM’s filing of the notice of
withdrawal.
f.

Withdrawal or termination of the ITPM shall not relieve the City from

complying with all other provisions of this Stipulated Order or from complying with all
requirements of the CWA, the MAWPCL, or any other local, state, or federal law. In the event of
any vacancy of the ITPM position, the Parties shall request a status conference with the Court to
address the vacancy. Until such time as a replacement ITPM is appointed by this Court, the City
shall perform all the activities of the ITPM under this Stipulated Order, subject to the provisions
of Section V (City Dispute Resolution), or take any such actions otherwise ordered by the Court.
The Court shall order any financial institutions in which funds of the ITPM have been deposited
to immediately authorize the Chief Financial Officer of the City to access and withdraw said funds
in accordance with this Stipulated Order only for such time until a replacement ITPM is appointed
by the Court. Upon appointment of the replacement ITPM, the City shall provide an accounting
to the Court of the use of any such funds, and all remaining funds (less those accounted for and
approved by the Court of the former ITPM) shall be restored within ten (10) business days and
made available to the replacement ITPM.
10.

Termination of the Interim Third-Party Managership of the Sewer System.
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a.

Any Party may move to terminate the interim third-party managership of

the Sewer System and authorize the City to resume operating, maintaining, managing, and
controlling the Sewer System before this Stipulated Order terminates. Such motion shall be
granted upon a showing by a preponderance of the evidence that (i) the ITPM has substantially
complied with the Stipulated Order and (ii) the City is capable of operating, maintaining,
managing, and controlling the Sewer System in compliance with this Stipulated Order, and is
capable of completing the projects identified in the Sewer Priority Project List on the timeline set
forth in the Implementation Schedule.
b.

If the Court grants a motion for termination under sub-Paragraph 10.a,

termination of the interim third-party managership shall not be effective until and unless (i) the
Court has approved an ITPM Transition Plan under the process set forth in sub-Paragraph 5.z, if
not already approved, (ii) the ITPM has submitted the Further Measures Report required under
sub-Paragraph 5.aa to the Parties, if not already submitted, and (iii) the City has submitted the
Staffing and Training Plan required under sub-Paragraph 15.f to the Parties, if not already
submitted.
11.

ITPM Professional Sewer Budget.
a.

Within thirty (30) Days of the Order Effective Date, the ITPM shall

establish an ITPM Professional Sewer Account (the “ITPM Professional Sewer Account”) to track
expenses and revenues related to the Sewer System to be used consistent with the ITPM
Professional Sewer Budget, attached hereto as Appendix B (“ITPM Professional Sewer Budget”).
The ITPM shall have financial control and fiduciary responsibility of the ITPM Professional Sewer
Account, including accrued interest.
b.

Upon the creation of the ITPM Professional Sewer Account, the ITPM shall

notify the Parties in writing of its creation. Such notice shall include the identity and location of
25

the bank at which the ITPM Professional Sewer Account is established, the account number, and
other identifying information. The ITPM may use accounts already established provided there is
a mechanism for separate accounting between the Water and Sewer Systems. The ITPM shall
provide this information to the Court under seal.
c.

The ITPM Compensation, as reflected in Appendix B, may be derived from

interest accrued in the Sewer Capital Improvements Account and in the Sewer Operations and
Maintenance Account, which interest is not derived from monies paid by customers for water and
sewer services.
d.

The City and the ITPM shall, with assistance from EPA and MDEQ as

appropriate, identify funding or other funds to support the ITPM Professional Sewer Budget. If
there are insufficient funds for the ITPM Professional Sewer Budget, the Budget shall be funded
from the Sewer Operations and Maintenance Account.
e.

Consistent with the ITPM Professional Sewer Budget, the ITPM is

authorized to draw down the ITPM’s and the ITPM Agents’ compensation and expenses from the
ITPM Professional Sewer Budget with the exception of operators or engineering firms hired to
perform operations and maintenance.
f.

The ITPM shall maintain supporting documentation such as timesheets,

invoices, receipts, and contracts and shall provide such documentation to any Party, if requested.
g.

The ITPM shall make best efforts to conserve the funds in the ITPM

Professional Sewer Account.
h.

If, in the best professional judgment of the ITPM, a modification to the

ITPM’s Professional Sewer Budget is necessary, the ITPM, in consultation with the Director of
Public Works under sub-Paragraph 5.hh, shall submit any proposed increase of the ITPM’s
compensation or of the overall budget to EPA and MDEQ, subject to the provisions of Paragraph
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19 (EPA Review). After the conclusion of EPA and MDEQ’s review period under Paragraph 19
(EPA Review), the ITPM shall file the proposed modification with the Court.
12.

Sewer Operations and Maintenance Account.
a.

Within thirty (30) Days of the Order Effective Date, the ITPM shall

establish a Sewer Operations and Maintenance Account (the “Sewer O&M Account”) for purposes
of depositing revenues to be used to fund operations and maintenance activities of the Sewer
System, including those operations and maintenance activities to be performed by contractors or
to respond to imminent and substantial endangerments to the health of persons or to the welfare of
persons due to the Sewer System. The ITPM may use accounts already established provided there
is a mechanism for separate accounting between the Water System and Sewer System. The ITPM
shall have financial control and fiduciary responsibility of the Sewer O&M Account, including
accrued interest.
b.

Upon the creation or designation of the Sewer O&M Account, the ITPM

shall notify the Parties in writing of its creation/designation. Such notice shall include the identity
and location of the bank at which the Sewer O&M Account is established/designated, the account
number, and other identifying information. The ITPM shall provide this information to the Court
under seal.
c.

The Sewer O&M Account shall be funded in amounts directed by the ITPM

from WSBA revenues and any applicable grants, loans, and financial assistance.
13.

Sewer Capital Improvements Account.
a.

Within thirty (30) Days of the Order Effective Date, the ITPM shall

establish or designate a Sewer Capital Improvements Account (“Sewer Capital Improvements
Account”) for the purpose of depositing all federal and state grants, loans, and other financial

27

assistance awarded for, and any WSBA revenues directed by the ITPM toward, capital
improvements related to the Sewer System.
b.

The purpose of the Sewer Capital Improvements Account is to fund capital

improvements of the Sewer System, including the work identified in the Sewer Priority Project
List.
c.

Upon the creation/designation of the Sewer Capital Improvements Account,

the ITPM shall notify the Parties in writing of its creation/designation. Such notice shall include
the identity and location of the bank at which the Sewer Capital Improvements Account is
established/designated, the account number, and other identifying information. The ITPM may
use accounts already established provided there is a mechanism for separate accounting between
the Water System and Sewer System. The ITPM shall provide this information to the Court under
seal.
d.

The ITPM shall have financial control and fiduciary responsibility over the

Sewer Capital Improvements Account, including accrued interest. Subject to the exception in
sub-Paragraph 5.s, all expenditures from the Sewer Capital Improvements Account shall be made
in a manner consistent with the terms and conditions of the originating loan, grant or other financial
assistance.
e.

The Sewer Capital Improvements Account shall be funded in amounts

directed by the ITPM from WSBA revenues, in accordance with existing bond and loan
agreements, and any applicable grants, loans, and financial assistance.
14.

Bank Accounts Generally. Upon the creation/designation of any bank accounts

to carry out the requirements of this Stipulated Order, the ITPM shall notify the Parties in writing
of its creation/designation. Such notice shall include the identity and location of the bank at which
the account is established, the account number, and other identifying information. The ITPM shall
28

provide this information to the Court under seal. The ITPM shall have financial control and
fiduciary responsibility of all such bank accounts, including accrued interest.
15.

Duties of the City. During the pendency of this Stipulated Order, the City shall:
a.

Cooperate with the ITPM in all respects, including executing any required

documents to allow the ITPM to fully exercise its obligations under this Order;
b.

In coordination with the ITPM, apply for and execute grants to support the

ITPM Professional Sewer Budget;
c.

Within seven (7) Days of the Order Effective Date, take all actions (if any)

needed to convey all System Revenues, including revenues related to interjurisdictional
agreements, and those funds generated through the operations of the Sewer System and Water
System, including, but not limited to, tap fees; FOG permits; fees from the disposal of septage,
leachate, and other sewage byproducts; fees from the operation of the Industrial Pretreatment
Program; and any fines assessed for violations of the City’s Sewer Use Ordinance to the ITPM
and ensure that the ITPM directly receives all such future revenues;
d.

At the direction of the ITPM, immediately, but in no less than seven (7)

Days of the ITPM’s request, deposit into the Sewer Capital Improvements Account (i) the City’s
matching funds for any federal or state loans or grants related to the Sewer System which are in
City accounts as of the Order Effective Date, (ii) the City’s funds from any federal or state loans
or grants related to the Sewer System which are in City accounts as of the Order Effective Date,
(iii) the City’s funds held in reserve for System Indebtedness debt service payments due on
September 1, 2023 and December 1, 2023, and (iv) the City’s funds held in escrow for the
Supplemental Environmental Project as described in Appendix F of the Consent Decree.
Thereafter, (i) federal or state loans or grants or other financial assistance awarded to the City for
the Sewer System shall be directly deposited into the Sewer Capital Improvements Account, and
29

(ii) the City shall, within seven (7) Days of the ITPM’s request, deposit into the Sewer Capital
Improvements Account its matching funds for any federal or state loans or grants related to the
Sewer System, which shall specifically include all ARPA matching funds (in an amount no less
than $8,828,512) held by the City for Sewer System projects as of the Order Effective Date;
e.

Direct its employees to support the ITPM and continue supporting the

operations of the Sewer System;
f.

Within thirty (30) Days of the ITPM’s submittal of the ITPM Transition

Plan to the Parties, the City shall submit to the Parties a Staffing and Training Plan that outlines
the processes and procedures, including schedules for implementation, to retain and train the
appropriate level of staffing (which may be employees and/or contractors) to continue
implementation of the programs and procedures under this Stipulated Order. The Staffing and
Training Plan shall ensure that the City has in place appropriate and qualified personnel and/or
contractors to assume the responsibilities and obligations transitioned from the ITPM to the City
under the ITPM Transition Plan;
g.

Collaborate with the ITPM on preparation of the Further Measures Report

required under sub-Paragraph 5.aa;
h.

Provide information related in any way to the Sewer System in response to

requests from the ITPM, EPA, or MDEQ;
i.

Provide an easy-to-find link to the ITPM’s website within the City’s website

for purposes of publishing Quarterly status reports and other updates about the Sewer System;
j.

Approve requests from the ITPM for loans that do not exceed the debt

capacity recommended in the latest Financial Management Plan; and

30

k.

Request in a timely manner any and all applicable financial assistance,

which may include subsidies, available to the City for grants/loans that may be awarded to support
the Sewer System, but only after consultation with the ITPM and with the ITPM’s consent.
16.

Sewer Priority Project List.
a.

Attached hereto as Appendix A is the Sewer Priority Project List. The

Parties acknowledge that commencement and completion of the projects identified in the Sewer
Priority Project List is subject to any changes (including scope, sequence, or prioritization) made
in a manner consistent with this Stipulated Order.
b.

Within sixty (60) Days of the Order Effective Date, the ITPM, in

collaboration with the Public Works Director, shall submit for review to EPA and MDEQ a
schedule for implementation of all projects on the Sewer Priority Project List (Implementation
Schedule). Projects that the City is implementing as of the Order Effective Date shall continue
subject to potential adjustment based on EPA and MDEQ’s review and consultation with the
ITPM. The ITPM shall immediately commence work in accordance with the schedule, subject to
the provisions of Paragraph 19 (EPA Review).
17.

ITPM Reporting Requirements.
a.

Quarterly Status Reports. Commencing with the first Quarter after the

Order Effective Date and continuing Quarterly until termination of this Stipulated Order pursuant
to Section VIII (Termination), the ITPM shall submit to the Parties and file on the Court’s docket
written status reports on its progress in implementing the Stipulated Order (“Status Reports”). The
Status Reports shall be due on the last Day of January, April, July, and October and shall cover
the immediately preceding Quarter, except as otherwise specified below. In each report, the ITPM
shall provide the following:

31

i.

The date, time, location, source, estimated duration, estimated

volume, receiving water (if any), and cause of all Sanitary Sewer Overflows occurring in
the preceding Quarter in a tabulated electronic format;
ii.

The date, time, location, source, estimated duration, estimated

volume, and cause of all Prohibited Bypasses occurring in the preceding Quarter in a
tabulated electronic format;
iii.

A description of the projects and activities conducted during the

reporting period to comply with the requirements of this Stipulated Order;
iv.

A summary of any delays encountered or anticipated that may affect

the ITPM’s performance or implementation of this Stipulated Order, including the Sewer
Priority Project List, and any actions taken to address such delays;
v.

Any modification to the Sewer Priority Project List or

Implementation Schedule consistent with Paragraphs 16 (Sewer Priority Project List) and
19 (EPA Review);
vi.

An accounting of the expenditures from, additions to, and remaining

balance of the ITPM Professional Sewer Budget;
vii.

A projection of work to be performed pursuant to this Stipulated

Order during the next or succeeding Quarter;
viii.

In each Status Report filed in the month of January, an audited

financial statement of the ITPM Professional Sewer Account, Sewer O&M Account, and
Sewer Capital Improvements Account for the City’s previous fiscal year. Any information
revealing bank account numbers or constituting personally identifiable information shall
be redacted;

32

ix.

In each Status Report filed in the month of April, the following

information: (1) a trends analysis of the number, volume, duration, and cause of Sanitary
Sewer Overflows and (2) a trends analysis of the number, volume, duration, and cause of
all Prohibited Bypasses. The April 2024 Status Report shall provide the trends analyses
for the period starting from the Order Effective Date through December 31, 2023; the April
2025 Status Report shall provide the trends analyses for the period starting from the Order
Effective Date through December 31, 2024; and the April 2026 and April 2027 Status
Reports shall each provide the trends analyses for the preceding two calendar years; and
x.

In each Status Report filed in the month of July, a proposed ITPM

Professional Sewer Budget for the upcoming fiscal year.
b.

The reporting requirements in this Stipulated Order do not relieve the ITPM

of any reporting obligations required by the CWA, or its implementing regulations, or by any other
federal, state, or local law, regulation, permit, or other requirement, including all requirements for
reporting Sanitary Sewer Overflows and Prohibited Bypasses to MDEQ pursuant to the SORP or
applicable law or regulations.
c.

Quarterly Public Meeting. The ITPM shall hold a public meeting within

thirty (30) Days after filing each Quarterly Status Report required in sub-Paragraph 17.a.

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18.

Records and Information Sharing.
a.

The ITPM is not a federal, state, county, or local agency; nor is the ITPM

an agent of a federal, state, county, or local agency. Nonetheless, the ITPM shall use best efforts
to respond to requests from the public for documents in its custody relating to compliance with
this Stipulated Order unless the ITPM demonstrates that such efforts would prevent the ITPM from
carrying out its duties under this Stipulated Order.
b.

Within thirty (30) Days of the Effective Date, the ITPM shall establish and

maintain a public website to inform the public of its work, post Status Reports, post requests for
proposals, and post other information that—in the ITPM’s reasonable judgment—should be
disclosed to the public.
d.

Any information provided pursuant to this Stipulated Order may be used by

the United States or MDEQ in any proceeding to enforce the provisions of this Stipulated Order
and as otherwise permitted by law.
e.

Nothing herein shall affect any of the information gathering authorities of

EPA or MDEQ.
f.

MDEQ shall send any notices of violation, information requests, and lawful

orders issued regarding the Sewer System to the ITPM and the City.
19.

EPA Review.
a.

The ITPM shall submit to EPA and MDEQ: (i) within sixty (60) Days of

the Order Effective Date, the Implementation Schedule; (ii) a written justification (including any
Public Works Director Disagreement as provided under sub-Paragraph 19.b below), prior to
making any modifications, updates or reprioritization of the Sewer Priority Project List; (iii) a
written justification, prior to making any changes to the Implementation Schedule that would
impact the timetable for completion of any Priority Project by more than sixty (60) Days; (iv)
34

written submissions as required by the Sewer Priority Project List; and (v) a written justification
for any proposed increase of the ITPM’s compensation or of the overall ITPM Professional Sewer
Budget.
b.

Prior to submitting any written justification for any modifications, updates

or reprioritization of the Sewer Priority Project List as provided in category (ii) in sub-Paragraph
19.a above and except as provided in sub-Paragraph 19.c. below, the ITPM shall submit such
justification to the Public Works Director for review and comment. Within ten (10) Days of receipt
of submittal of the justification, the Public Works Director shall submit written comments to the
ITPM of any areas of disagreement regarding such modifications, update or reprioritization of the
Sewer Priority Project List. Within ten (10) Days of receipt of the Public Works Director’s
comments, the Public Works Director and the ITPM shall meet to discuss and attempt to resolve
any disagreements and will use best efforts to reach agreement on the modifications, updates or
reprioritization of the Sewer Priority Project List. If agreement cannot be reached, the Public
Works Director shall submit in writing the specific items of disagreement to the ITPM within five
(5) Days of the meeting under this paragraph (“Public Works Director Disagreement”). If the
Public Works Director provides no comments to the ITPM within ten (10) Days of receipt of
submittal of the justification, the ITPM may submit the written justification to EPA and MDEQ.
c.

If any change, modification, or reprioritization falling into categories (ii),

(iii), (iv), or (v) in sub-Paragraph 19.a above is necessary to abate an imminent and substantial
endangerment or is due to conditions beyond the control of the ITPM, the ITPM shall notify EPA
and MDEQ as soon as practicable, but in no event later than two business days after the change,
modification, or reprioritization was implemented.
d.

EPA, after consultation with MDEQ, may provide written comments to the

ITPM within thirty (30) Days of receipt of the items identified in categories (i), (ii), (iii), (iv), and
35

(v) in sub-Paragraph 19.a above. If EPA does not provide comments within thirty (30) Days of
receipt, the ITPM may implement the submission. If EPA provides comments, the ITPM may
implement any part of its submission that is not the subject of EPA’s comments.
e.

During the thirty (30)-Day period following receipt of EPA’s comments, or

such longer period as may be agreed to by EPA and the ITPM (the “Discussion Period”), EPA,
MDEQ, the Public Works Director, and the ITPM shall engage in discussions using best efforts to
reach agreement on the portion of the submission about which EPA commented.
f.

If EPA, MDEQ, the Public Works Director, and the ITPM fail to reach

agreement, then the United States, after EPA consultation with MDEQ, may, within five (5) Days
after the expiration of the Discussion Period, petition the Court for relief by filing a motion on the
Court’s docket. If the United States files such a motion, the ITPM shall respond to the motion
within the time period allowed by the Local Rules of this Court. The United States may file a
reply memorandum, to the extent permitted by the Local Rules. The dispute shall then be resolved
by the Court. If EPA does not so petition, the ITPM may implement the portion of the submission
that was the subject of the comments.
V.
20.

CITY DISPUTE RESOLUTION

In the event that the City assumes responsibility for implementing this Stipulated

Order pursuant to sub-Paragraph 9.f or Paragraph 10, the dispute resolution procedures of this
Section shall be the exclusive mechanism to resolve disputes arising under or with respect to this
Stipulated Order between EPA, MDEQ, and the City. The City’s failure to seek resolution of a
dispute under this Section shall preclude the City from raising any such issue as a defense to an
action by the United States to enforce any obligation of the City arising under this Stipulated Order.
21.

Any dispute subject to Dispute Resolution under this Stipulated Order shall be the

subject of informal negotiations. The dispute shall be considered to have arisen when the City
36

sends EPA and MDEQ a written notice of dispute that clearly states the matter in dispute. The
period of informal negotiations shall not exceed twenty (20) Days from the date EPA and MDEQ
receive the City’s notice unless that period is modified by written agreement. Within seven (7)
Days of the end of this period of informal negotiations, EPA, after consultation with MDEQ, shall
provide its written statement of position to the City.
22.

If EPA, MDEQ, and the City cannot resolve the dispute by informal negotiations,

then the position advanced in writing by EPA, after consultation with MDEQ, shall be considered
binding unless the City files a motion seeking judicial review of the dispute within ten (10) Days
of receipt of EPA’s statement of position. The motion shall contain a written statement of the
City’s position on the matter in dispute, including any supporting factual data, analysis, opinion,
or documentation. The United States shall respond to the City’s motion within the time period
allowed by the Local Rules of this Court. The City may file a reply memorandum, to the extent
permitted by the Local Rules. The dispute shall then be resolved by the Court.
23.

The invocation of dispute resolution procedures under this Section shall not, by

itself, extend, postpone, or affect in any way any obligation of the City under this Stipulated Order,
unless and until final resolution of the dispute so provides.
24.

Stipulated penalties shall continue to accrue as provided in Section VI (City

Stipulated Penalties) during any Dispute Resolution but need not be paid until the dispute is
resolved.
VI.
25.

CITY STIPULATED PENALTIES

In the event that the City assumes responsibility for implementing this Stipulated

Order pursuant to Paragraph 10, the City shall be liable for stipulated penalties to the United States
and the State for violations of this Stipulated Order as specified below, unless excused by force
majeure under Paragraph 26. For purposes of this section, a violation is defined as failing to
37

perform for more than thirty (30) Days any obligations related to the Sewer Priority Project List
or implementation of a MOM program described in sub-Paragraph 5.n due under this Stipulated
Order. Prior to issuing a demand for a stipulated penalty, EPA and MDEQ shall issue a notice of
violation to the City. A stipulated penalty of $500 ($250 payable to the United States and $250
payable to MDEQ) shall accrue for each day of violation. The United States and the State may
each, in the unreviewable exercise of their discretion, reduce or waive stipulated penalties
otherwise due under this Stipulated Order.
26.

“Force majeure,” for purposes of this Stipulated Order, is defined as any event

arising from causes beyond the control of the City, of any entity controlled by the City, or of the
City’s consultants and contractors, that delays or prevents the performance of any obligation under
the Stipulated Order despite the City’s best efforts to fulfill the obligation. “Force majeure” does
not include the City’s financial inability to perform any obligation under this Stipulated Order.
VII.
27.

MODIFICATION

Except as otherwise provided herein, the terms of this Stipulated Order may be

modified only by a subsequent written agreement signed by all the Parties and approved by the
Court. Any disputes between the Parties concerning modification of this Stipulated Order shall be
resolved pursuant to Section V of this Stipulated Order (City Dispute Resolution), provided that
the Party seeking the modification bears the burden of demonstrating that it is entitled to the
requested modification in accordance with Federal Rule of Civil Procedure 60(b).
VIII.
28.

TERMINATION

This Stipulated Order shall terminate upon the earliest of the following:
a.

the Court’s entry of a superseding consent decree or Consent Decree

modification;

38

b.

upon motion by any Party showing that the ITPM or the City, as applicable,

has achieved substantial compliance with the Sewer Priority Project List, and approval by the
Court;
c.

upon motion by the United States, after consultation with MDEQ, and

approval by the Court; or
d.

Four (4) years from the Order Effective Date, unless the United States, after

consultation with MDEQ, moves for, and the Court approves, an extension of this Stipulated
Order.
29.

The Consent Decree (Dkt. No. 10) is stayed during the pendency of this Stipulated

30.

The Parties shall resume negotiations of a superseding consent decree or Consent

Order.

Decree modification no later than three (3) years after the Order Effective Date. If the Court enters
an order granting a motion for termination of the interim third-party managership under Paragraph
10 or an order granting a motion for termination of the Stipulated Order under sub-Paragraphs 28.b
or c, the Parties shall resume negotiations within one (1) Month of entry of such order.
31.

Stipulated penalties have accrued for violations of the Consent Decree prior to the

Order Effective Date. Plaintiffs shall not demand or collect such stipulated penalties during the
pendency of this Stipulated Order. However, nothing herein waives such stipulated penalties or
prejudices Plaintiffs’ collection of such stipulated penalties after termination of this Stipulated
Order.
32.

Upon termination of this Stipulated Order, the stay of the Consent Decree shall

immediately be lifted and the Consent Decree shall be in effect and enforceable, unless this
Stipulated Order is terminated pursuant to sub-Paragraph 28.a in which case the superseding
consent decree or Consent Decree modification shall be in effect.
39

33.

If the Court grants a motion for termination under sub-Paragraphs 28.a, b, or c,

termination of this Stipulated Order shall not be effective until and unless (i) the Court has
approved an ITPM Transition Plan under the process set forth in sub-Paragraph 5.z, if not already
approved, (ii) the ITPM has submitted the Further Measures Report required under sub-Paragraph
5.aa to the Parties, if not already submitted, and (iii) the City has submitted the Staffing and
Training Plan required under sub-Paragraph 15.f to the Parties, if not already submitted.
IX.
34.

PUBLIC PARTICIPATION

This Stipulated Order shall be lodged with the Court for a period of not less than

thirty (30) Days for public notice and comment. The United States reserves the right to withdraw
or withhold its consent if the comments regarding this Stipulated Order disclose facts or
considerations indicating that the Stipulated Order is inappropriate, improper, or inadequate. The
City and MDEQ each consent to entry of this Stipulated Order without further notice and agree
not to withdraw from or oppose entry of this Stipulated Order by the Court or to challenge any
provision of the Consent Decree, unless the United States has notified the Parties in writing that it
no longer supports entry of the Stipulated Order.
X.
35.

APPENDICES

The following appendices are attached to and incorporated into this Stipulated

Order:
a.

Appendix A is the Sewer Priority Project List;

b.

Appendix B is the ITPM Professional Sewer Budget.

c.

Appendix C is the list of Emergency Sewer Failures.
XII. INTEGRATION

36.

This Stipulated Order and its appendices constitute the final, complete and

exclusive agreement and understanding among the Parties with respect to the agreement embodied
40

in this Stipulated Order and supersedes all prior agreements and understandings, whether oral or
written, concerning the agreement embodied herein. No other document, nor any representation,
inducement, agreement, understanding, or promise, constitutes any part of this Stipulated Order,
nor shall they be used in construing the terms of this Stipulated Order.

Entered this 31st day of July, 2023.
/s/HENRY T. WINGATE
HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE

41

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 43 of 56

Signature Page for Stipulated Order on Sewer System in
United States and State of Mississippi v. City of Jackson
FOR THE UNITED STATES OF AMERICA:
TODD KIM
Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice
Dated:

KARL FINGERHOOD

Digitally signed by KARL
FINGERHOOD
Date: 2023.07.25 16:16:33 -04'00'

KARL FINGERHOOD (PA Bar No. 63260)
ANGELA MO (CA Bar No. 262113)
Attorneys
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
DARREN J. LAMARCA
United States Attorney for the
So/uthern District of Mississippi

Dated:

/s/ Angela Givens Williams (with permission by KF)
ANGELA GIVENS WILLIAMS (MS Bar No. 102469)
Chief, Civil Division
Assistant United States Attorney
United States Attorney’s Office
501 East Court Street, Suite 4.430
Jackson, Mississippi 39201
Tel: [phone]

42

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 44 of 56

Signature Page for Stipulated Order on Sewer System in
United States and State of Mississippi v. City of Jackson
FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:

Dated:

Digitally signed by
JOSEPH
JOSEPH THEIS
Date: 2023.07.24
THEIS
15:16:12 -04'00'
_______________________________________
JOSEPH THEIS
Acting Division Director
Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460

James Vinch

Digitally signed by James
Vinch
Date: 2023.07.24
15:34:55 -04'00'

__________________________________________
JAMES VINCH
Attorney-Advisor
Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460

43

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 45 of 56

Signature Page for Stipulated Order on Sewer System in
United States and State of Mississippi v. City of Jackson
FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:

Dated:

Digitally signed by LEIF PALMER
LEIF
PALMER
Date: 2023.07.24 17:47:59 -04'00'
_______________________________________

LEIF PALMER (GA Bar No. 560159, OR Bar No. 873163)
Regional Counsel
Region 4
United States Environmental Protection Agency
61 Forsyth Street S.W.
Atlanta, Georgia 30303
Tel: [phone]
Email: [e-mail]
Digitally signed by SUZANNE

SUZANNE RUBINI RUBINI

Date: 2023.07.24 16:57:36 -04'00'
_______________________________________
SUZANNE G. RUBINI (NY Bar No. 2268696)
Deputy Regional Counsel
Region 4
United States Environmental Protection Agency
61 Forsyth Street S.W.
Atlanta, Georgia 30303
Tel: [phone]
Email: [e-mail]

44

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 46 of 56

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 47 of 56

Signature Page for Stipulated Order on Sewer System in
United States and State of Mississippi v. City of Jackson
FOR THE STATE OF MISSISSIPPI, ACTING THROUGH THE MISSISSIPPI COMMISSION
ON ENVIRONMENTAL QUALITY AND THE MISSISSIPPI DEPARTMENT OF
ENVIRONMENTAL QUALITY:

Dated:

_______________________
GRETCHEN ZMITROVICH (MS Bar No. 101470)
DONNA J. HODGES (MS Bar No. 9561)
ROY FURRH (MS Bar No. 4321)
Senior Attorneys
Mississippi Department of Environmental Quality
Post Office Box 2261
Jackson, Mississippi 39225-2261
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

46

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 48 of 56

Appendix A – Sewer Priority Project List
Priority
Project Name
Ranking
1
Queens Area
Sewer
Rehabilitation
Project
2
Emergency
Sewer Failures
3
4
5

Annual Sewer
Cleaning &
CCTV Contract
Investigate
Service Request
Locations
Mill Street Sewer
Rehabilitation
Project

6

West Bank
Interceptor
Rehabilitation

7

Savanna WWTP
100 MGD Peak
Flow Wastewater
Pump
Savanna WWTP
Emergency
Repairs/Replace
Dewatering
Equipment
Savanna Peak
Cell Lagoon
Cells

8

9

Project Description
Rehabilitation of the sewers within the Queens Project Area 3-6
focusing on, but not necessarily limited to, dry weather SSO
reduction and point repairs to address sewer line collapses.
Complete cleaning and closed-circuit television (CCTV) for the
rehabilitation and/or replacement of the Emergency Sewer Failure
locations listed in Appendix C.
Contract for annual sewer cleaning and CCTV, and complete 100
miles/year. Coordinate this annual cleaning and CCTV work with
the prioritized Service Request Investigations below.
Contract an annual investigation of sewer issues coming from the
2,200 Service Request locations and coordinate cleaning and
CCTV with the Annual Sewer Cleaning & CCTV Contract above.
Re-route 2,200 linear feet of sewer that crosses a railroad (RR)
yard, where the sewer line has collapsed underneath the RR
tracks. A new sewer line will be constructed around the RR yard
and the existing sewer line will be filled with flowable fill and
abandoned in place.
Complete the cleaning and rehabilitation of the West Bank
Interceptor (WBI) for Project 6 Segment Phase (MH IT0118 to
MH IT0136). This repair will address the low manhole that is
believed to be a major contributing source of inflow during a
river stage in excess of 26 ft. The project will also address any
needed grouting work of the interceptor and manholes in the
Country Club area of the WBI. Identify additional major river
water inflow locations and defects causing significant volumes
during a river stage above 26 ft. Develop and implement the
repair plan, including a schedule of implementation.
Replace the 100 million gallons per day (MGD) Peak Flow Pump
that discharges flow from the Influent Pump Station to the
Stormwater Lagoon cells.
Replace 54-inch line from inside Influent Pump Station to
Headworks, replace return activated sludge (RAS) Pump # 2, and
install permanent dewatering equipment to eliminate monthly
cost for renting two belt filter presses.
Clean out the three peak flow lagoon cells at the Savanna WWTP.

1

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 49 of 56

10

Trahon WWTP
Rehabilitation

11

Savanna WWTP
Phase 1B Type 2
Improvements

Conduct a Comprehensive Performance Evaluation and a
Composite Correction Program (CCP) for the Trahon WWTP.
Implement the CCP as schedule permits. Make immediate repairs
to maintain operations as needed.
Construct new septage/Fat, Oils, and Grease (FOG) receiving
station, rehabilitate one screw pump at the Effluent Pump Station,
add 6th secondary clarifier, add new dewatering equipment, add
covered sludge storage facilities along with new waste activated
sludge (WAS) storage tank, construct new gravity thickeners,
address structural deterioration in Influent Pump Stations, and
rehabilitate the 84-inch line from Sludge Lagoons to Pump
Station.

* The preliminary, conceptual, planning-level estimated costs for the projects on this List is
approximately $130 million.

2

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 50 of 56

Appendix B – ITPM Professional Sewer Budget
Estimated Interim Third-Party Manager’s professional budget for 12 months following
Order Effective Date
BUDGET
ITPM Compensation - $8,000/month
• Salary
• Living expenses
• Travel expenses
ITPM Compensation Sub-total
ITPM Staff Compensation and Expenses
Exact staffing needs have not been determined but could include any
of the following as budget permits:
• Local deputy administrator/senior project manager
• Project managers/contract inspectors
• Contract administrator/invoice processor
• Environmental compliance manager
• Other staff as needed
• Payroll taxes, fringe benefits, and human resources administration
ITPM Staff
Compensation and Expenses Sub-total
ITPM Contractor and Consultant Support and Services
Exact contract resource needs have not been determined but could
include any of the following as budget permits:
• General and regulatory legal support
• Accounting
• Financial advisor
• Engineering
• Information technology and website
• Grant management
• Community engagement/governance development
• Pricing/rates
• Other contractors and consultants as needed
ITPM Contractor and
Consultant Support and Services Sub-total
Other Direct Expenses
• Phones and computers for ITPM and staff
• Professional liability insurance
• Office supplies/miscellaneous consumables
• Other direct expenses as needed
Other Direct Expenses Sub-total
OVERALL ITPM PROFESSIONAL SEWER BUDGET TOTAL

$96,000
$96,000

$200,000
$80,000
$280,000

$750,000
$750,000

$0
$0
$1,126,000

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 51 of 56

Appendix C – List of Emergency Sewer Failures

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
*
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

COJ Service Request Number
301858
264524
204398
264679
298138/313511
280276/200705
272537
302011
269447/288420
275126
243766
19-245507/279686/319024
267126/308163
268885
283878
273029/295174
19-258482
20-262905
20-263594
20-264909
20-264909
20-261121
302014
269405/260791
282739
20-269494
20-271979/305039
269344/268431
270929/299173/309068/ 299305
264339
267708
275383/315164
269468/298035
262364
266562
274457
277961
272114/262114
275013
263493/309482
282722
283240
283490/279225
1 of 6

Approximate Address
(Building Number Omitted)
St. Ann Drive/ Laurel Street
Bienville Dr
Forest Avenue
Avondale Street
Medgar Evers Blvd
John St.
Shamrock Drive
Redbud Rd
Eagle Ave
Queen Anne Lane
Sumner St
First Ave
Briarcliff Circle
Colonial Circle
Marla Ave
Belmede Pl
Queen Margaret Lane
Ferguson Drive
Cox Street
E Amite St
E Amite St
Deer Park St
South Denver St
Westhaven Blvd
Cherokee Drive
Monterey St
Riverwood Drive
Pittsburg St/Rhodes Lane
Combs St
Reaves street
Lexington Ave.
N Prentiss St.
Princeton St.
Texas Ave.
Intersect. Sewanee Dr.@ Mt. Vernon
Queen Julianna Lane
Charleston drive
Tifton Drive
Gunda Street
Queen Elizabeth Lane
North State Street
Willaneel Drive
Marlendo Drive

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 52 of 56

Appendix C – List of Emergency Sewer Failures

43
44
45
46
47
48
49
50
*
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84

COJ Service Request Number
281636
284183
282331
273792/271999
81524
275044
277054
279121/285148
279225
281249/285363
281554
283210
285272
285632
288075
288970
289295
289501
289904
290001
271598
229118
282098
316993/314488
295280/290870
284942
286901
292766
277523
273842
283878
294627
290766/304414
295677
295621
294522
289762
295859
298741
291974
283584
300530
300326
2 of 6

Approximate Address
(Building Number Omitted)
Pear Orchard Place
Downing Street/Mitchell St
Dixie Drive (Lake Drive)
Robin Dr
Winter View Dr
St. Andrews Dr
Winter View Dr
Meadow Heights Drive/Meadowhill Dr
Chelsea Drive
N West/Josanna St
Springdale Drive
Topp Ave
N West St
Eastview St
Castle Cove
Lea Circle and McDowell Road
Cooper Road
Woodway Drive
Bloom St and E Church St
Brookwood Road
Fortification/Maple
Forest Hill Road/Cooper Road
E Monument Road
Livingston Road
E Rankin Street
Cherry Hills Drive
Dogwood Drive
Warner Ave
Porter Street
Alta Woods Blvd
Marla Drive
Tara Road and Glen Erin St
Queen Catherine Lane
Flag Chapel Road
Erie St and Palmyra St
Redwood Ave
Forest Ave
Casablanca Dr
N State St
Chelsea Ct
Robinson Road
Robinson Street
I-55 N Frontage Road

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 53 of 56

Appendix C – List of Emergency Sewer Failures

85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127

COJ Service Request Number
300368
296693
299305/309068
301288
288691
304170
304178/298870/298328
303606
302287
302340
303162
299057
303958
300542
300658
302237
302582
303331
303772
278741
247504
299401
225512/234587
301608
301820
286111
299140
303959
290889
297955
299648
300053
302087
302728
302794
304170
304528
304165
305506
306391
302211/308084
306885
304267/248573
3 of 6

Approximate Address
(Building Number Omitted)
I-55 Frontage Road
Woody Drive
CombsAve
McTyere Ave
Maria Drive
Oakhurst Dr
Heritage Place
Robinson Road
Stuart St
Wooddell Drive
Copper Road
East Drive
Scots Glen
Daniel Lake Blvd
Shady Oak St
Chestnut St
Macon St
Ellis Ave
Galvez St
Watkins Drive
Jones Ave
Sage St
Briarfield Road
Alta Wood Blvd
Earle St
Briarfield Road
Springfield Circle
Welota Drive
Robinhood Road
Kinder Dr
Ridgewood Road
McTyere Ave
Peachtree St
Old Canton Road
Crestwood Place
Oakhurst Drive
Lorenz Blvd
Dansby St
Beechwood Ct
Brookdale St
Cedarhurst Road
Chatham Circle
Coronet Place

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 54 of 56

Appendix C – List of Emergency Sewer Failures

128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170

COJ Service Request Number
309487
308102
309076
311162
307784
304215
309086
305164
307794/296693
306457
305288
308680
308689
303021
308274
305915
306034
306455
309171
308462
298039
306602
305900
305854/303748
227744
309931
311950
312773
312526
312758/311595
312798
315343
314221
314240
314277
314348
314684
315164
315206
315101
314761
314801
315285
4 of 6

Approximate Address
(Building Number Omitted)
Country Club Drive
Greenview Dr
Greenview Dr
Lexington Ave/Delaware Ave
Meadow Ridge Dr
Monaco St
Yerger St
Woody Drive
Woody Drive
Tennessee Ave
S. Gallatin St/Beatty St
Raymond Rd
Raintree Pl
Primos Ave
Parkway Ave
Bailey Ave
Morningside St
Old Canton Road
Linda Lane
Sunnylane Dr
Westmore Drive
Winn St
Overbrook Dr
Wiggins St
Ilano Dr
John St
Melwood Pl
Cummins St
Heritage Hill Dr
Katherine Blvd
E Northside Dr
Terry Road/Minerva St
Cole Street
Mitchell Ave
Forest Park Dr
Mimosa Dr
Crestview Ave
N Prentiss ST
Forest Park Dr
Will O Wisp Way
Tennyson St
St Ann St
McDowell Cir

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 55 of 56

Appendix C – List of Emergency Sewer Failures

171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
*
201
202
203
204
205
206
207
208
209
210
211
212

COJ Service Request Number
315256
259305
316439
316423/262309
309667
316624
316821
316889/321143
316876
298192
310276
281339
304669
317120
267126
318215
312574
313679
316062
298090
315176
314223
303384
310885/282513
274400/292981
313051
309955
268037
284298
271116
304699
309423
318597
318435/315684
316882/317070
318516
319128
318049
318669
302865
315432
299807
304650
5 of 6

Approximate Address
(Building Number Omitted)
Mendell Davis Dr
Clinton Blvd
Raymond Road
Ramada Cir
Normandy Dr
Camilla Dr
Queen Mary Lane/Queen Julianna Lane
Taylor St
Churchill Dr
Kirkley Dr
Naples Road
Madison St
Livingston Road
East Lane
Briarcliff Circle
Kingsroad Ave
Cooper Road
Medgar Evers Blvd
Florence Ave
Greymont Ave
Bellevue Place and N Jefferson
Columbia Ave
Glen Erin Road
Woodmont Dr
Sewanee Dr
Wightman St
Hair St
Archer Ave
Beatrice Dr
Pecan Blvd
Topp Ave and Lincoln Ave
Congresst St
N Prentiss St
Cedars of Lebanon
Quinn St
Lyncrest Ave
I-55 Frontage Road
St. Mary
N State St
Cooper Road/Terry Road
Council Circle
Presto Lane/Highland Dr
S West St

Case 3:12-cv-00790-HTW-LGI Document 36-1 Filed 07/26/23 Page 56 of 56

Appendix C – List of Emergency Sewer Failures

213
214
215

COJ Service Request Number
318644
311395
324810/324017
* Denotes duplicates

6 of 6

Approximate Address
(Building Number Omitted)
China Lane
Clubview Dr
Fairfax Circle