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Lawmaker seeks fines for Jackson over river pollution, despite ongoing federal enforcement

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Lawmaker seeks fines for Jackson over river pollution, despite ongoing federal enforcement

Rep. Becky Currie, R-Brookhaven, is hoping to bring more accountability over Jackson's ongoing pollution of the Pearl River through the city's failing wastewater system, despite a federal agency already enforcing the issue through a consent decree.

House Bill 1094, which passed through its House committee last Tuesday, would fine the capital city up to $1 million for each “improper disposal” of wastewater or sewage into the river.

Currie said a consent decree being enforced by the Environmental Protection Agency and Mississippi Department of Environmental Quality since 2012 is not doing enough to protect the Pearl River from Jackson's pollution. The fines that could result from HB 1094, she explained, would go to help clean up the river in the of the state downstream from Jackson.

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Rep. Becky Currie, R-Brookhaven.

“When you dump raw sewage in (the Pearl River) for other counties to worry about, it's disgusting,” said Currie, who's district includes towns, such as Monticello, bordering the river downstream of Jackson. “When you go down the Pearl River, you can see toilet paper hanging off little branches.”

Currie said that the Mississippi Department of Environmental Quality told her that the agency hasn't yet fined Jackson for such discharges, but an MDEQ spokesperson clarified that it hasn't issued a fine since the 2012 federal consent decree.

The agency has collected nearly half a million dollars in fines over the city's wastewater issues, which includes a $240,000 penalty assessed in 2010 for violations at Jackson's Savanna Street plant, and a $175,000 fine issued as a result of the 2012 order.

The consent agreement gave Jackson about 18 years to make a list of fixes with its wastewater system, but required most of those fixes to be done within 11 years, or by November this year. Citing a lack of and staffing, the city hasn't completed many of the required fixes, and is now attempting to renegotiate the settlement with the EPA.

The Pearl River looking north from U.S. 80 on Apr. 15, 2021.

Currie didn't speak to how this bill would impact the EPA's dealing of the issue, saying only that whatever enforcement is happening is not enough.

“(The EPA) is obviously not on top of it if (the pollution) continues to happen,” she said. “How many years has this gone on? So everybody downstream should just pay the price for Jackson not tending to their business?”

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Currie called the Pearl River important for the “way of life” of communities downstream of Jackson, with Mississippians using the river to swim, canoe and catch fish. She said that polluting the river is harmful in a number of ways, affecting oysters on the Coast as well as businesses that use the water such as Georgia Pacific, although the latter of which is itself a top polluter in Mississippi. Over the last five years, Georgia Pacific pulp mill on the Leaf River has been among the facilities with the most toxic releases in the state with 15.7 million pounds.

When asked about HB 1094, Jackson Mayor Chokwe Antar Lumumba said he questioned the legality of “a number of things being suggested,” and that there is an “order to these things” being led by the EPA. The mayor added that lawmakers this session are looking to punish Jackson in a number of ways.

“We are clearly the object of the state House's affection,” Lumumba said Monday during a press conference. “I think that they're just more ways contemplated to be increasingly punitive of the city of Jackson. Let's call a spade a spade.”

In its latest annual last spring, Jackson reported 13 prohibited bypasses, or times when the city allowed untreated or partially treated wastewater into the river, usually because of too much water entering the plant at one time. Those bypasses totaled 2.1 billion gallons between March 2021 and February 2022, a 30% decrease from the previous year.

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The city also reported over 500 sanitary sewer overflows from its collection system in that time, or more than one every day. Those overflows are when untreated sewage leaks out of the system, and the city said most of its overflows that year happened because of either grease blockages or collapsed pipes.

Since 2019, MDEQ has cautioned against activities such as swimming, wading or fishing in the segment of the Pearl River neighboring Jackson. The agency later updated the advisory to include streams, such as Hanging Moss Creek and Eubanks Creek, that flow through the city.

The federal consent decree says the city is subject to fines for additional Clean Water Act violations, including a $10,000 penalty for each prohibited bypass and a $2,000 penalty for each sanitary sewer overflow.

The Pearl River looking from the old Woodrow Wilson Bridge, south of Jackson.

“Historically, EPA has taken the lead on enforcements under all federal consent decrees, and in any , MDEQ, because we are co-plaintiffs with EPA, cannot take unilateral action to collect the stipulated penalties,” MDEQ spokesperson Jan Schaefer told Mississippi Today. “In the meantime, MDEQ, along with EPA, has been ‘assessing' stipulated penalties and those stipulated penalties continue to accrue.”

Neither agency could say how much Jackson has accrued in penalties since the 2012 order before this story published.

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Jackson, Meridian, Hattiesburg and Greenville are all under a federal consent decree because of wastewater violations. While those are starting to see support through historic new federal funds, leaders of those cities told Mississippi Today last year that more money is needed to make all the necessary repairs.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1917

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mississippitoday.org – Jerry Mitchell – 2024-05-05 07:00:00

May 5, 1917

Eugene Jacques Bullard, seen here in uniform in World War I, was the first African-American combat pilot. Credit: Wikipedia

Eugene Jacques Bullard became the first Black American combat pilot. 

After the near lynching of his father and hearing that Great Britain lacked such racism, the 12-year-old Georgia native stowed away on a ship headed for Scotland. From there, he moved to Liverpool, England, where he handled odd before becoming a boxer, traveling across Europe before he settled in Paris. 

“It seems to me that the French democracy influenced the minds of both White and Black Americans there and helped us all to act like brothers as near as possible,” he said. “It convinced me, too, that God really did create all men equal, and it was easy to that way.” 

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When World War I began, he was too young to fight for his adopted country, so he and other American expatriates joined the French Foreign Legion. Through a series of battles, he was wounded, and believed he would never walk again. 

No longer able to serve in the infantry, an American friend bet him $2,000 that he could not get into aviation. Taking on the challenge, he earned his “wings” and began fighting for the French Aéronautique Militaire. 

He addressed racism with words on his plane, “All Blood Runs Red,” and he nicknamed himself, “The Black Swallow of Death.” 

On his flights, he reportedly took along a Rhesus monkey named “Jimmy.” He tried to join the U.S. Service, only to be turned away because he was Black. He became one of France's most decorated war heroes, earning the French Legion of Honor. 

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After the war he bought a Paris nightclub, where Josephine Baker and Louis Armstrong performed and eventually helped French ferret out Nazi sympathizers. After World War II ended, he moved to Harlem, but his widespread fame never followed him back to the U.S. 

In 1960, when French President Charles de Gaulle visited, he told officials that he wanted to see his old friend, Bullard. No one in the government knew where Bullard was, and the FBI finally found him in an unexpected place — working as an elevator operator at the Rockefeller Center in New York

After de Gaulle's visit, he appeared on “The Today Show,” which was shot in the same building where he worked. 

Upon his death from cancer in 1961, he was buried with honors in the French War ' section of the Flushing Cemetery in Queens, New York. 

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A sculpture of Bullard can be viewed in the Smithsonian National and Air in Washington, D.C., a statue of him can be found outside the Museum of Aviation, and an exhibit on him can be seen inside the National Museum of the U.S. Air Force, which posthumously gave him the rank of a second lieutenant. He is loosely portrayed in the 2006 film, “Flyboys.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

A seat at table for Democrats might have gotten Medicaid expansion across the finish line

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mississippitoday.org – Bobby Harrison – 2024-05-05 06:00:00

The Mississippi Capitol is 171,000 square feet, granted a massive structure, but when it to communication between the two legislative chambers that occupy the building, it might as well be as big as the cosmos.

Such was the case in recent days during the intense and often combustible that eventually led to the death of Medicaid expansion and with that the loss of the opportunity to care for 200,000 working poor Mississippians with the federal paying the bulk of the cost.

Democrats in the state House came under intense pressure and criticism for blocking a Medicaid expansion compromise reached by Republican House and Senate negotiators.

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First of all, it would be disingenuous to argue that Democrats, who compose less than one-third of the membership of either chamber, blocked any proposal. Truth be known, Republicans should be able to pass anything they want without a solitary Democratic vote.

But on this particular issue, the Republican legislative leadership who finally decided that Medicaid expansion would be good for the state needed the votes of the minority party, which incidentally had been working for 10 years to pass Medicaid expansion. The reason their votes were needed is that many Republicans, despite the wishes of their leaders, still oppose Medicaid expansion.

The breakdown in the process could be attributed to the of the two presiding , House Speaker Jason White and Lt. Gov. Delbert Hosemann in the Senate, not to appoint a single Democrat to the all-important conference committee.

Conference committees are formed of three senators and three House members who work out the differences between the two chambers on a bill. Considering that Democratic votes were needed in both chambers to pass Medicaid expansion, and considering Democrats had been working on the issue for a decade while Republicans blocked it, it would have made sense that they had a seat at the table in the final negotiations process.

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One Democrat from each chamber on the conference committee could not have altered the outcome of the negotiations. But the two Democrats could have provided input on what their fellow legislative Democrats would accept and vote for.

In the eyes of the Democrats, the compromise reached without their voice being heard was unworkable and would not have resulted in Medicaid expansion.

The Republican compromise said Medicaid would not be expanded until the federal government provided a waiver mandating those on Medicaid expansion were working. Similar work requirement requests by other states have been denied. Under the compromise, if the work requirement was rejected by federal , Medicaid expansion would not occur in Mississippi.

After voicing strong objections to the work requirement, House Minority Leader Rep. Robert Johnson, recognizing the Senate would not budge from the work requirement, offered a compromise. The Johnson compromise to the compromise was to a provision mandating the state apply annually with federal officials for the work requirement.

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Instead, under Johnson's proposal, state Medicaid officials would be mandated to apply just once for the work requirement. If it was rejected, Medicaid expansion would not occur, but hopefully that would compel the Legislature to take up the issue of the work requirement and perhaps remove it.

“We just want the Legislature to come back and have a conversation next year if the federal government doesn't approve the work requirement. It's as simple as that,” Johnson said.

Senate leaders agreed that Johnson's proposal was a simple ask and something they might consider.

But Lt. Gov. Delbert Hosemann, who presides over the Senate, said he never heard Johnson's proposal until late in the process — too late in the process, as it turned out.

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Speaker Jason White, R-West, also said he never heard the proposal, though Johnson said he repeatedly discussed it with House leaders. He certainly was relaying the information to the during the final hectic days before Medicaid expansion died.

And perhaps if Johnson or one of his Democratic colleagues had been on the conference committee, that information would have been heard by the right legislative people and perhaps Medicaid expansion would not have died.

After all, a conference room or an office where negotiators are meeting to hammer out a compromise is much smaller than the massive state Capitol, where communications often get lost in the cosmos.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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On this day in 1884

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May 4, 1884

of Ida B. Wells, circa 1893 Credit: Courtesy of National Park Service

Crusading journalist Ida B. Wells, an African-American native of Holly Springs, Mississippi, was riding a train from Memphis to Woodstock, Tennessee, where she worked as a teacher, when a white railroad conductor ordered her to move to another car. She refused.

When the conductor grabbed her by the arm, “I fastened my teeth in the back of his hand,” she wrote.

The conductor got from others, who dragged her off the train.

In response, she sued the railroad, saying the company forced Black Americans to ride in “separate but unequal” coaches. A local judge agreed, awarding her $500 in damages.

But the Tennessee Supreme Court reversed that ruling three years later. The upended her belief in the court system.

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“I have firmly believed all along that the was on our side and would, when we appealed it, give us justice,” she said. “I feel shorn of that belief and utterly discouraged, and just now, if it were possible, would gather my race in my arms and fly away with them.”

Wells knew about caring for others. At age 16, she raised her younger siblings after her and a brother died in a yellow fever epidemic. She became a teacher to her .

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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