The Justice Department, on behalf of the Environmental Protection Agency (EPA), and the State of Illinois today announced the filing of a complaint against the City of East St. Louis, Illinois.
The complaint seeks penalties and infrastructure improvements to remedy East St. Louis’ failure to operate its sewer system in compliance with the Clean Water Act. This failure has led to hundreds of unlawful discharges of untreated sewage to various locations in the community, including the Mississippi River and Whispering Willow Lake in Frank Holten State Park.
East St. Louis operates a combined sewer system that carries sanitary sewage and stormwater through the same pipes. During periods of heavy rain, combined sewage is discharged directly from East St. Louis’ outfalls to the Mississippi River or Whispering Willow Lake without any treatment, which the United States alleges is in violation of the Clean Water Act. Since 2020, East St. Louis has discharged untreated sewage to the Mississippi River on over 140 separate days. The city has also discharged untreated sewage into Whispering Willow Lake, though the precise number of discharges is unknown because East St. Louis has failed to install required monitoring devices.
Areas of the Mississippi River that are downstream of East St. Louis are designated for recreation such as swimming and kayaking; Whispering Willow Lake is frequently used for fishing and boating. East St. Louis’ failure to monitor outfalls interferes with EPA’s ability to evaluate the danger that discharges to these water bodies pose to human health. Untreated sewage contains pathogens such as E. coli, which can cause severe illness if ingested. The frequent discharges of untreated sewage from East St. Louis’ outfalls could pose significant health risks to residents who recreate in the receiving waters.
East St. Louis also operates a separate sewer system that carries sanitary sewage only. Both the combined and separate sewer systems that the city operates are in a state of disrepair. The city’s failure to properly operate and maintain these systems has led to additional discharges of combined or sanitary sewage into streets and buildings and has put members of the public at risk for unknowingly coming into contact with untreated sewage.
The complaint was filed in the U.S. District Court for the Southern District of Illinois. The United States and Illinois will request an order for the City of East St. Louis to cease further violations of the Clean Water Act and complete all actions necessary to ensure future compliance. These requested compliance measures will likely include sewer improvement and other infrastructure projects.
The Justice Department and EPA are asking East St. Louis community members to consider submitting optional Community Statements regarding sewer overflow events by April 30, 2025. The agencies seek information on the extent and impact of the sewer overflow problems and input on long-term solutions. Community members can provide input at dojenrd.gov1.qualtrics.com/jfe/form/SV_3aSMl4v9WteSESy.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division, Administrator Debra Shore for EPA Region 5 and Illinois Attorney General Kwame Raoul made the announcement.
The United States has brought enforcement actions to require municipalities across the country to update their sewer systems and address similar Clean Water Act violations. Nationally, EPA has been working with states, municipalities, and trade organizations to develop tools to help communities work towards compliance with Clean Water Act requirements. On Dec. 10, the Justice Department, EPA and the State of Illinois announced a settlement with the nearby City of Cahokia Heights, Illinois, resolving that city’s Clean Water Act violations. Details of that settlement can be found at www.justice.gov/opa/pr/justice-department-and-epa-announce-settlement-cahokia-heights-illinois-improper-operation.
EPA and the Illinois Environmental Protection Agency investigated the case.
Attorneys with the Environment and Natural Resources Division’s Environmental Enforcement Section and Illinois Attorney General’s office are handling the case.