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Published on December 12, 2024
East St. Louis Faces Legal Action for Alleged Clean Water Act Violations Over Sewage DischargesSource: Library of Congress

Recent legal actions have put the City of East St. Louis in the spotlight due to substantial environmental concerns. The United States, alongside the State of Illinois, filed a complaint against the city for what has been detailed as ongoing and unlawful discharges of untreated sewage into local water bodies, including the Mississippi River and Whispering Willow Lake. The complaint, brought forth by the Department of Justice on behalf of the Environmental Protection Agency (EPA) and the Illinois Environmental Protection Agency, originates from violations of the Clean Water Act.

East St. Louis manages a combined sewer system that is essentially meant to channel both sanitary sewage and stormwater. However, primarily during rainfall, the system has failed to prevent untreated sewage from being discharged directly into waterways. These discharges can quickly pose serious health risks, as untreated sewage is known to contain harmful pathogens such as E. coli. In a period starting from 2020, the city saw over 140 days where such discharges occurred into the Mississippi River. Additionally, the lack of required monitoring devices at certain outfalls has led to an inability to quantify further discharges into Whispering Willow Lake. The legal action insists on necessary compliance measures that will likely encompass sewer improvement and other infrastructural upgrades.

Recreation areas affected by the aforementioned discharges include downstream segments of the Mississippi River, which are frequented for activities like swimming and kayaking and Whispering Willow Lake, a popular site for fishing and boating among residents. The Justice Department's announcement emphasizes the threat these untreated sewage discharges pose to human health, particularly to individuals who engage with these water bodies for recreation.

The Department of Justice and EPA have reached out to the local community, seeking input on the extent of the problem and potential long-term solutions through Community Statements that are to be submitted by April 30, 2025. This community feedback can be provided through an online portal made available by the agencies. Notably, this lawsuit follows a similar trajectory as previous enforcement actions that the United States has undertaken across the nation to upgrade municipal sewer systems and bring them into compliance with environmental laws. An example of such action is the recent settlement with the City of Cahokia Heights, which resolved similar infractions.

Investigations carried out by the EPA and the Illinois Environmental Protection Agency spearheaded the case against East St. Louis. Legal proceedings are currently underway with involvement from the Environment and Natural Resources Division’s Environmental Enforcement Section and the Illinois Attorney General's office. As the case moves forward, officials, such as Assistant Attorney General Todd Kim and Administrator Debra Shore for EPA Region 5, alongside Illinois Attorney General Kwame Raoul, seek to remedy these violations and safeguard the community's health and natural resources.