Former 49ers quarterback Joe Montana and a group of residents from San Francisco's affluent Marina District have filed a lawsuit against the city, alleging that their homes were flooded with "toxic fecal" matter during winter storms over the past two years, sparking a public debate around the city's outdated sewer system. Their legal action highlights San Francisco's aging infrastructure and the need for urgent improvements to prevent further incidents.

According to a recent SFGate article, the plaintiffs in this case, including Joe Montana and his wife Jennifer, allege that the city knew that its combined sewer system, which treats both wastewater and stormwater in the same network of pipes, was being "routinely" overwhelmed by even modest winter storms. The lawsuit, filed in the San Francisco County Superior Court on August 24, accuses the city’s Public Utilities Commission, the Department of Public Works, and the hired contractors of knowingly allowing negligent conditions in their neighborhood.

As reported in another SFist article, the suit claims that 4.5 million gallons of untreated wastewater flooded these Marina District homes in October 2021. The residents’ properties were inundated again in the storms of December 2022 and January 2023. The lawsuit alleges that a mix of raw sewage and stormwater flow infiltrated the soil, walls, and floors of affected properties, causing serious health risks and property damage.

However, the Office of the City Attorney maintains that the severity of the storms, rather than the inadequacy of the city's infrastructure, was responsible for the widespread flooding. Jen Kwart, spokeswoman for the Office of the City Attorney, described the New Year's Eve storm as “the strongest storm to hit San Francisco in more than 170 years," as noted in the SFist.

The current lawsuit is not the only instance of property distress for the Montanas. In 2016, they were advised that their unit in the Millennium Tower was sinking and tilting 16 inches. Nonetheless, this case highlights a pressing concern regarding San Francisco's infrastructure and the city's need to address the outdated sewer system that has been linked to the flooding incidents.

San Francisco has faced similar issues in the past. For example, the city settled a $4.4 million lawsuit in 2020 in relation to sewage and flooding problems that occurred in 2014. The SFist states that, since the closure of a facility in 2021 that would divert excess water into the Bay, the neighborhood experienced more flooding incidents.

In response to the ongoing concerns, the San Francisco Public Utilities Commission has appropriated $9 billion in capital improvements over the next decade to improve the city's infrastructure. Moreover, new federal loans for infrastructure in frequently flooded neighborhoods were announced in May.

The lawsuit is scheduled for a case management conference on January 24, 2024.