Mississippi Today
Lawmaker seeks fines for Jackson over river pollution, despite ongoing federal enforcement
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 areas of the state downstream from Jackson.
“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 funding and staffing, the city hasn't completed many of the required fixes, and is now attempting to renegotiate the settlement with the EPA.
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?”
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 report 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.
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 residents 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.
“Historically, EPA has taken the lead on enforcements under all federal consent decrees, and in any event, 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.
Jackson, Meridian, Hattiesburg and Greenville are all under a federal consent decree because of wastewater violations. While those cities are starting to see support through historic new federal infrastructure 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.
Did you miss our previous article…
https://www.biloxinewsevents.com/?p=207600
Mississippi Today
Law enforcement officers’ oversight bill heads to governor’s desk
The Mississippi Senate passed legislation Monday to give the state's officer certification board the power to investigate law enforcement misconduct.
House Bill 691, the revised version of which passed the House Saturday, is now headed to the desk of Gov. Tate Reeves.
The bill comes in the wake of an investigation by the Mississippi Center for Investigative Reporting at Mississippi Today and The New York Times into sheriffs and deputies across the state over allegations of sexual abuse, torture and corruption. The reporting also revealed how a “Goon Squad” of officers operated for two decades in Rankin County.
Public Safety Commissioner Sean Tindell said if the governor signs the bill, he anticipates the Mississippi Board on Law Enforcement Officer Standards and Training would hire a few investigators to investigate matters and make recommendations.
The bill would enable the board to establish a hearing panel on any law enforcement officer “for whom the board believes there is a basis for reprimand, suspension, cancellation of, or recalling the certification of a law enforcement officer. The hearing panel shall provide its written findings and recommendations to the board.”
In addition, deputies, sheriffs and state law enforcement would join police officers in the requirement to have 20 hours of training each year. Those who fail to get such training could lose their certifications.
Other changes would take place as well. Each year, the licensing board would have to report on its activities to the Legislature and the governor.
The bill calls for a 13-member board with the governor having six appointments – two police chiefs, two sheriffs, a district attorney and the head of the law enforcement training academy.
Other members include the attorney general, the public safety commissioner, the head of the Highway Patrol, and the presidents of the police chiefs association, the constable association, the Mississippi Campus Law Enforcement Association and the sheriff's association (or designee).
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Legislators extend 2024 session after missing budget deadline
Legislative leaders are optimistic that they will be able to start passing bills to fund the $7-billion budget to fund state services on Tuesday.
“We will be rolling Tuesday and the day after I suppose,” said Senate Appropriations Chair Briggs Hopson, R-Vicksburg.
Late Monday the House and Senate agreed on a resolution to extend the session. Appropriations and revenue (taxes and borrowing) bills died Saturday night when House and Senate leaders could not reach agreement on a key deadline. The resolution approved Monday was needed to revive the bills.
The final day of the session was scheduled for Sunday, May 5. Now it is scheduled for May 14, but House Speaker Jason White, R-West, predicted Monday that the Legislature will finish its work this week, though leaders did concede there were still some “minor” disagreements between the House and Senate.
Under the resolution, the legislators – even though their work would be completed this week — will return on May 14 unless White and Lt. Gov. Delbert Hosemann agree not to return.
Returning on May 14 would give the Legislature the opportunity address any possible vetoes by Gov. Tate Reeves. Lawmakers can override gubernatorial vetoes with a two-thirds vote of each chamber.
Asked Monday if an agreement had been reached on the revenue bills, Senate Finance Chairman Josh Harkins, R-Brandon, who handles those proposals, said, “Gosh, I hope so. If not I am going holler a Jerry Clower for them to shoot up amongst us,” Harkins said referencing a skit by the Mississippi comic.
It took a two-thirds vote of both chambers to pass the resolution to extend the session. It passed unanimously in the House, but six members of the 52-member Senate voted no. Without the resolution, it most likely would require a special session called by Gov. Tate Reeves to pass budget bills and revenue bills.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Lawsuit in death of man following Jackson police encounter may be headed to trial
The family of George Robinson plans to move forward with a wrongful death lawsuit against the city of Jackson and three former police officers after rejecting a nearly $18,000 settlement offer.
Attorney Dennis Sweet III made the intentions of Bettersten Wade, Robinson's sister, and Vernice Robinson, Robinson's mother, clear in a Thursday letter sent the day after the City Council approved a $17,786 payment to settle the family's 2019 lawsuit.
“This is more than anyone should have to endure. Much less have the City of Jackson tout the purported term of settlement as some sort of victory,” Sweet wrote in the letter. “Needless to say, no individual or party obtained a victory in this matter.”
The financial terms of the settlement and plaintiffs' identities were not supposed to be disclosed publicly and the council did not approve the settlement in executive session, Sweet said. According to Mississippi's open meeting law, any public body can enter executive session for a number of reasons, including for negotiations relating to litigation.
Sweet was not immediately available to comment Monday. Last week, he told WLBT he would take it to trial.
Council President Aaron Banks, who was also not immediately available for comment, said the settlement was freely negotiated among the parties and signed by Wade and Vernice Robinson, who had their attorneys with them, according to a Friday statement to the Clarion Ledger.
Banks disputed Sweet's claims that the city violated any terms of the settlement, such as a confidentiality agreement, saying the city didn't agree to one and that settlements are public records, according to the statement.
“The City intends to honor the agreement it reached and expects the Wade family to do so, also,” Banks said in the statement.
However, some city council members said after the meeting that they were not aware of a confidentiality agreement.
City Attorney Drew Martin declined to comment Monday.
All the parties met for mediation April 12. Sweet said that during the session, a representative from the city said it is in “financial straits and did not possess substantial funds in which to resolve Ms. Wade's claims against it.” The lawsuit complaint asked for a jury trial and damages to be determined by a jury.
Banks's statement did not address the attorney's claim about the city's finances.
Wade agreed during mediation to settle with ambulance provider American Medical Response and to allow the city to join that settlement and end litigation, according to Sweet's letter.
“Had AMR not agreed to a substantial settlement amount, Ms. Wade would not have settled with the City of Jackson,” he wrote in the letter.
The company settled for a different amount that was not disclosed, according to Sweet's letter.
As of Monday, electronic court filings for the lawsuit do not show that the judge has signed off on a settlement.
In January 2019, 62-year-old Robinson was pulled from a car and beaten by officers, leaving him with severe injuries. At the time, he was recovering from a stroke. Robinson died days later.
In 2022, former detective Anthony Fox was convicted culpable-negligence manslaughter for Robinson's death, while charges against officers Desmond Barney and Lincoln Lampley were dismissed a year earlier.
Fox was incarcerated until January when the Mississippi Supreme Court overturned his conviction and issued an acquittal, freeing him. Fox has returned to work for the Canton Police Department.
This isn't Wade's only loss and fraught experience with the city, Sweet said.
Last year, her son Dexter died after being hit by a car driven by an off-duty Jackson police officer. He was buried unidentified in the Hinds County pauper's field, despite having identification on him. His family did not know he was there until months later.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
-
Local News5 days ago
Sister of Mississippi man who died after police pulled him from car rejects lawsuit settlement
-
Mississippi Today5 days ago
At Lake High School in Scott County, the Un-Team will never be forgotten
-
Mississippi Today2 days ago
On this day in 1951
-
Mississippi News3 days ago
One injured in Mississippi officer-involved shooting after chase
-
Mississippi News6 days ago
Viewers make allegations against Hatley teacher, school district releases statement – Home – WCBI TV
-
Mississippi News Video6 days ago
Vehicle struck and killed man lying in the road, Alcorn County sheriff says
-
Mississippi News5 days ago
Ridgeland man sentenced for molesting girl
-
Mississippi News5 days ago
Suspected Dollar General armed robber arrested in Pickens County