Justice Department and EPA Announce Settlement with Cahokia Heights, Illinois, for Improper Operation of the City’s Sanitary Sewer System

The Justice Department, the Environmental Protection Agency (EPA) and the State of Illinois today announced a settlement with the City of Cahokia Heights, Illinois, resolving violations of the federal Clean Water Act (CWA) and the Illinois Environmental Protection Act resulting from the city’s failure to properly operate its sanitary sewer system. The settlement requires that Cahokia Heights pay a $30,000 civil penalty and implement an estimated $30 million in extensive compliance measures.

The complaint against Cahokia Heights alleges that on more than 300 occasions since November 2019, Cahokia Heights discharged sanitary sewage from an overflow point in its sewer system to nearby waterways in violation of section 301 of the Clean Water Act. The city also discharged untreated sewage from other locations throughout the community, including into ditches, roads, yards and homes. Sanitary sewer overflows can damage property and harm water quality when they enter waterbodies. Discharges of raw sewage, or sanitary sewer overflows, also carry bacteria, viruses and other harmful organisms.

“We are taking action to ensure that the City of Cahokia Heights operates its sewer system in a way that complies with the Clean Water Act, and to protect human health and the environment in the community,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This settlement reflects the United States’ commitment to advancing environment justice.”

“Cahokia Heights failed to maintain its aging sewer system, resulting in hundreds of illegal sanitary sewer overflow discharges that created public health risks and contaminated homes and the environment,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “This settlement, which benefited from significant input from the local community, includes an estimated $30 million infrastructure investment that will put Cahokia Heights on a path to significantly reduce overflows and ensure effective operation of the sewer system.”

“Cahokia Heights residents have had to endure these threats to their health and their environment for far too long,” said EPA Region 5 Administrator Debra Shore. “Residents are worried that the change can’t come soon enough. This consent decree is a significant step forward, bringing meaningful improvements to the community.”

“For too long, the neglected and aging sewer system in Cahokia Heights has forced local residents to deal with raw sewage in their basements, in their streets and in local waterways,” said Illinois Attorney General Kwame Raoul. “I am proud of my office’s collaboration with the Department of Justice and local and state entities as we work toward a solution to solve this real environmental and public health threat. I will continue to partner with all levels of government to enforce Illinois’ environmental laws and protect our communities.”

“For far too long, residents of Cahokia Heights have been plagued by frequent sanitary sewer overflows as the result of the improperly maintained sewer system,” said Illinois EPA Acting Director James Jennings. “It is our hope that this settlement and the significant actions it includes provide residents with further assurance that federal and state government entities are committed to addressing these historic infrastructure issues and the proper maintenance of their sewer system. Illinois EPA remains dedicated to ensuring the City of Cahokia Heights continues work to rehabilitate and repair the deteriorated system.”

Under the settlement, the city will conduct more than 80 near-term capital improvement projects, such as constructing an interceptor to reroute wastewater flow, system-wide repairs and various investigations and assessments. The city is also required to keep the community informed about the work, have plans in place for emergencies and update its operations such as creating digital maps and monitoring in real-time known overflow points.

More information is available at the Cahokia Heights Clean Water Act Settlement Summary.

The proposed consent decree, lodged in the U.S. District Court for the Southern District of Illinois, is subject to a 60-day comment period and final court approval. Information on submitting comment and access to the settlement agreement is available on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.

EPA investigated the case.

Attorneys with ENRD’s Environmental Enforcement Section and the Illinois Attorney General’s office are handling the case.