U.S.
Department of Justice
Environment and Natural Resources Division
DJ No. 90-5-1-1-09841/1
Assistant Attorney General Telephone (202) 514-2701
950 Pennsylvania Avenue, N.W. Facsimile (202) 514-0557
Washington, DC 20530-0001
[By Hand Delivery/Email]
September 26, 2022
The Honorable Chokwe A. Lumumba
Mayor of the City of Jackson
219 South President Street
Jackson, Mississippi 39205
calumumba@jacksonms.gov
Catoria Martin, Esq.
City Attorney
219 South President Street
Jackson, Mississippi 39205
cmartin@jacksonms.gov
Terry Williamson, Esq.
Assistant City Attorney
219 South President Street
Jackson, Mississippi 39205
twilliamson@jacksonms.gov
Re: Safe Drinking Water Act Matter Regarding Jackson, Mississippi
Dear Mayor Lumumba, Ms. Martin, and Mr. Williamson:
The United States Department of Justice, on behalf of the Environmental Protection
Agency, invites the City of Jackson to engage in immediate negotiations relating to the City’s
recent drinking water crisis. We are prepared to file an action against the City under the Safe
Drinking Water Act but would hope this matter could be resolved with an enforceable agreement
that is in the best interest of both the City and the United States.
A judicially enforceable settlement would have to address the violations of the Safe
Drinking Water Act (SDWA) related to the City’s public water system described below. The
United States also believes that an imminent and substantial endangerment to human health
exists, as evidenced by the roughly 300 boil water notices that have been issued over the past two
years, the multiple line breaks during that same time period, and the recent drinking water crisis
where most City residents did not have access to running water for many days.
The United States intends to seek appropriate relief pursuant to Sections 1414 and 1431
of the SDWA, 42 U.S.C. §§ 300g-3 and 300i, to remedy these violations. Specifically, we intend
to seek a comprehensive plan for remedying the violations and a schedule for implementing that
plan. Negotiations would include discussion of accountability mechanisms such as temporary
third-party management of the system. We invite the City to negotiate that plan with the United
States and request that an initial meeting occur later this week.
Violations
As noted, the Justice Department believes that contaminants are in or likely to enter the
City’s public water system that may present an imminent and substantial endangerment to public
health. The Justice Department further believes that State and local authorities have not acted to
protect public health, pursuant to Section 1431 of the SDWA, 42 U.S.C. § 300i. The claims to
be resolved also include the following violations of Section 1414 of the SDWA, 42 U.S.C.
§ 300g-3, including (i) National Primary Drinking Water Regulations; (ii) Mississippi Primary
Drinking Water Regulations; and (iii) an Administrative Compliance Order on Consent pursuant
to Section 1414(g) of the SDWA, effective July 1, 2021, Docket No. SDWA-04-2020-2301
(“AOC”), entered into between the City and EPA, and violations of EPA’s Emergency
Administrative Order pursuant to Section 1431 of the SDWA, effective April 2, 2020, Docket
No. SDWA-04-2020-2300 (amended by Docket No. SDWA-04-020-2300) (“Emergency
Order”):
1) Failure to adequately staff water treatment plants with Class A operators (Miss. Admin.
Code § 15-20-72.2.2.1(5));
2) Failure to implement an Alternative Water Supply Plan pursuant to EPA’s Emergency
Order;
3) Failure to comply with the timeline for general filter rehabilitation pursuant to the AOC;
4) Failure to install corrosion control pursuant to the Lead and Copper Rule (40 C.F.R.
§§ 141.80(e) and 141.83; Miss. Admin. Code § 15-20-72.1.3.2);
5) Exceedance of the haloacetic acids five (HAA5) maximum contaminant level (40 C.F.R.
§ 141.64(b)(2) and Miss. Admin. Code § 15-20-72.1.2.6);
6) Exceedance of single turbidity limits (40 C.F.R. § 141.173(a)(2) and Miss. Admin. Code
§ 15-20-72.1.7.4) and monthly turbidity limits (40 C.F.R. § 141.173(a)(1) and Miss.
Admin. Code § 15-20-72.1.7.4).
There may be other violations, claims, or matters not listed above that might be addressed in
comprehensive negotiations, or that the United States might pursue in litigation absent a
negotiated settlement.
In addition, the City must also address Clean Water Act (CWA) violations at its
wastewater system and violations of the consent decree entered in United States and State of
Mississippi v. City of Jackson, Mississippi, Case No. 3:12-CV-790 (S.D. Miss.). Negotiations
could therefore address any overlap in the appropriate resolution of the CWA matter with the
SDWA claims. The terms of a negotiated settlement would be subject to approval of the
appropriate officials at the Department of Justice and Environmental Protection Agency.
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* * *
We hope you will join us to discuss the path forward in our shared goal of ensuring
reliable delivery of safe drinking water to the people of Jackson and Hinds County. If you would
like to pursue settlement discussions, please respond as soon as you can, and no later than
Wednesday, September 28, so we can attempt to schedule an initial meeting this week. If you
have any questions, please do not hesitate to contact me at any time.
Sincerely,
TODD KIM
Assistant Attorney General
Environment and Natural Resources Division
KARL J. FINGERHOOD
ANGELA MO
Senior Counsel
Environmental Enforcement Section
U.S. Department of Justice
cc (via email):
Suzanne Armor, EPA Region 4
Jim Vinch, EPA OECA
Cassandra B. Walter, MSDH
Angela Givens Williams, Civil Chief, US Attorney’s Office
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