Many of the lines connecting private property to the city’s sewage system need replacing, council member Yolanda Roman says.
By DEVIN RODRIGUEZ
USFSP Student Reporter
GULFPORT – When heavy rainfall overwhelmed Gulfport’s antiquated sewage system last year, the city was forced to dump partially treated wastewater into Clam Bayou and surrounding waterways.
That prompted legal action by the state and a federal lawsuit against the city by a coalition of private nonprofit groups.
The state response came from the Department of Environmental Protection, which fined the city $144,000 for illegal dumping.
The federal lawsuit, filed by Suncoast Waterkeeper and two other nonprofits, alleges that the city violated the federal Clean Water Act. Earlier this month, a federal district judge declined the city’s request to dismiss the lawsuit.
Gulfport “is aggressively defending the cases, which is a disappointment,” said Justin Bloom, the executive director for Suncoast Waterkeeper. “We are open to settling.”
The city of St. Petersburg, which also saw its sewage system overwhelmed by the heavy rains, has been sued by the coalition of nonprofits, too. The city was fined $820,000 by the state.
The Clean Water Act, which was enacted in 1972, is designed to regulate dumping by government agencies and private business and protect clean drinking water and the environment. It is administered by the U.S. Environmental Protection Agency, but nonprofits like Waterkeeper can file civil lawsuits against local governments for alleged violations.
Gulfport has entered into a consent agreement with the state DEP to settle that agency’s case against the city. But Bloom said he doesn’t think that the agreement goes far enough.
“We are trying to come up with some agreement that will be enforceable under the federal court,” Bloom said. “These consent decrees don’t work in the long run.”
The consent agreement came after the FDEP fined the city $144,000 in civil penalties for the waste.
“When enforcement is necessary, the department takes corrective action and uses every tool at its disposal to hold offenders accountable,” said Shannon Herbon, the external affairs coordinator for the DEP. “If regulated entities do not comply, the department does and will take enforcement actions.”
But now Gulfport is asking DEP for permission to use the $144,000 it owes in fines on a pollution prevention program to improve the city’s wastewater infrastructure.
A consent order drafted by City Manager James O’Reilly would give the city permission to invest $127,500 in the program. The city is seeking public feedback before its submits the proposed order to the DEP.
City Council member Yolanda Roman said she hopes the city can use the money in a grant program designed to encourage residents to upgrade their home sewage systems.
Buildings in the city are connected to the city’s wastewater system by so-called “lateral lines.” The grant would help replace many old lateral lines, which sometimes become overburdened during the rainy season.
Lateral lines are owned by the privately property owner, not the city. Replacing them can be expensive, especially if they are old and lengthy.
If the city could provide grants to help offset the cost, Roman said, it would encourage property owners to participate.