Case 3:12-cv-00790-HTW-LGI Document 234 Filed 09/30/25 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
(Northern Division)

UNITED STATES OF AMERICA, )

and the STATE OF MISSISSIPPI, )
)
Plaintiffs, )
) Case No. 3:12-cv-790-HTW-LGI
) (Clean Water Act Case)
v. )
)
)
THE CITY OF JACKSON, MISSISSIPPI, )
)
Defendant. )
)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
) Case No. 3:22-cv-00686-HTW-LGI
) (Safe Drinking Water Act Case)
v. )
)
)
)
THE CITY OF JACKSON, MISSISSIPPI, )
)
Defendant. )
)

RESPONSE TO JACKSON STATE UNIVERSITY’S MEMORANDUM

IN SUPPORT OF WATER STORAGE PROJECT
(Safe Drinking Water Act Case)

The United States of America respectfully submits this response to Jackson State

University’s Memorandum in Support of the Mississippi Department of Finance and

Administration’s Jackson State University Water Storage Project [Dkt. No. 230].

ARGUMENT

The Court should disregard Jackson State’s Memorandum for two reasons. First, as a

preliminary issue, this matter is not properly before the Court. Jackson State initiated this matter

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by sending an ex parte letter to the Court’s chambers, which led to the Court’s September 18,

2025, Status Conference. Jackson State is not a party in this case. Jackson State also did not file

a complaint or any other pleading outlining the basis for its claims and for the relief it seeks.

Because this matter is not properly before the Court, the Court should take no action in response

to Jackson State’s Memorandum.

Second, more importantly, Jackson State is incorrect in its contention that its proposed Water

Storage Project does not meet the definition of a “public water system” under the Safe Drinking

Water Act (“SDWA”) and the Mississippi Safe Drinking Water Act of 1997. The Mississippi

State Department of Health (“MSDH”) is the agency tasked with the primary role to make the

determination of how the Water Storage Project should be treated. The Court should refrain from

taking any action in response to Jackson State’s Memorandum and instead allow MSDH to make

such a determination and permit MSDH, Jackson State, and the Interim Third Party Manager to

discuss the design of the Water Storage Project to ensure it complies with federal and state law.

1. This Matter Is Not Properly Before the Court

As a preliminary matter, the Court should take no action in response to Jackson State’s

Memorandum because this matter is not properly before the Court. Importantly, Jackson State is

not even a party in this case. Moreover, Jackson State has not filed a complaint or any other

formal pleading initiating any action and alleging the factual and legal basis for any relief.

Instead, Jackson State submitted a letter, ex parte, to Chambers. Because Jackson State did not

file a complaint or other similar pleading, it is unclear what relief Jackson State seeks and, more

importantly, what the legal basis is for any relief from this Court. The issue Jackson State has

raised – whether the Water Storage Project is a “public water system” under federal and state law

– is a question in the first instance for MSDH. Under the SDWA, EPA delegates primary
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enforcement responsibility (also called primacy) for public water systems to states if they meet

certain requirements, pursuant to 40 C.F.R. 142, Subpart B. The State of Mississippi has

primacy under the SDWA. MSDH has not taken a final agency action on that issue so there is

not yet any final agency action subject to judicial review. See Veldhoen v. U.S. Coast Guard, 35

F.3d 222, 225 (5th Cir. 1994) (Court lacks subject matter jurisdiction if there is no final agency

action); cf. McIntosh v. Miss. Real Estate Comm’n, 233 So. 3d 214, 219 (Miss. 2017) (“courts

cannot enter the field of the administrative agency”). The Court should refrain from taking any

action and allow MSDH to make its determination.

2. Jackson State Is Wrong that the Water Storage Project Is Not a Public Water System

It is important to understand that Jackson State’s internal water distribution system, even

before the construction of the Water Storage Project, already meets the statutory definition of a

“public water system.” The SDWA defines a public water system broadly as “a system for the

provision to the public of water for human consumption through pipes or other constructed

conveyances, if such system has at least fifteen service connections or regularly serves at least

twenty-five individuals.” 42 U.S.C. § 300f(4)(A). Therefore, a system is a public water system if

it: (1) has a system of pipes or constructed conveyances for the provision of water; (2) to the

public; (3) for human consumption; and (4) serves fifteen service connections or twenty-five

individuals at least 60 days a year. 40 C.F.R.§ 141.2.

Jackson State has an internal distribution system to provide water throughout its campus.

This internal system already provides water for dormitories, bathrooms, showers, gymnasiums,

dining halls, and academic and administrative buildings. See generally, Dkt, No. 230 at pp. 3-5.

Thus, Jackson State’s system meets the first requirement of a public water system.

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Jackson State also provides water to the “public.” While the SDWA does not define “public,”

the Jackson State students, faculty, staff and visitors to campus are all clearly members of the

public. The SDWA’s statutory definition of a public water system does not require that the

system be publicly owned and many regulated public water systems are privately owned,

meaning a privately owned public water system still provides water to the public. Thus, Jackson

State’s system meets the second requirement of a public water system.

As with “public,” the SDWA does not define “human consumption.” During the September

18, 2025, Status Conference, Jackson State indicated that the water in its system is used for,

among other things, showering, cleaning dishes, brushing teeth, etc., all of which is associated

with human consumption. 1 Courts have held that human consumption includes bathing and

showering, cooking and dishwashing, and maintaining oral hygiene. See United States v.

Midway Heights County Water Dist., 1988 U.S. Dist. LEXIS 14490 (E.D. Cal., Feb. 26, 1988,

Civ. No. S-87-1112-RAR/EM). Thus, Jackson State’s system meets the third requirement of a

public water system.

Finally, it is clear that Jackson State’s system provides water to at least 15 service

connections and at least 26 people for 60 days or more. Jackson State reports that it has a

population of approximately 9,000 students. The system serves 9 residential halls and the

campus is made up of over 55 buildings. While “service connection” is not defined in the

SDWA, EPA guidance states that “[e]ach building serviced by the same…water system is to be

considered a service connection of that system.” Definition of Service Connection, U.S.

1
Jackson State indicates that “its water is not intended for drinking or any form of human
consumption.” See Dkt, No. 230 at p. 5. However, Jackson State’s description of how it intends
to use the emergency backup water conflicts with this assertion.

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Environmental Protection Agency, Jan. 1988, https://nepis.epa.gov/Exe/ZyPDF.cgi/

P100NBE6.PDF?Dockey=P100NBE6.PDF. Therefore, according to EPA’s interpretation,

Jackson State’s system exceeds 15 service connections. In addition, Jackson State’s student body

far exceeds 25 people, and the system operates every day, so far more than 60 days per year.

Thus, Jackson State’s system satisfies the final requirement of a public water system.

Because Jackson State’s drinking water system meets the definition of a public water system,

it ordinarily would be subject to the National Primary Drinking Water Regulations. However,

Jackson State receives its drinking water from the City of Jackson, which already is subject to

the National Primary Drinking Water Regulations. For this reason, Jackson State’s drinking

water system falls within the exception in the Coverage Provision of the SDWA, see 42 U.S.C.

300g, 2 which covers systems like universities, hospitals, prisons, residential complexes, military

bases, mobile home parks, and other consecutive water systems meeting the statutory definition

of a public water system but receiving all of their water from another regulated public water

system. Nevertheless, while the Section 300g exception may apply to Jackson State’s current

system, the changes contemplated by the Water Storage Project likely remove the Jackson State

system from being excepted and thereby trigger the Coverage Provision in Section 300g. Adding

features that may be considered a collection system or treatment—i.e., causing a change in

chemical composition of the water—may require the Jackson State system to comply with the

2
The Coverage Provision states that all public water systems are subject to the National Primary
Drinking Water Regulations except for systems that meet four criteria: (1) the system consists
only of distribution and storage facilities (and does not have any collection and treatment
facilities); (2) the system obtains all of its water from, but is not owned or operated by, a public
water system to which such regulations apply; (3) the system does not sell water to any person;
and (4) the system is not part of a carrier which conveys passengers in interstate commerce. See
42 U.S.C. 300g.
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National Primary Drinking Water Regulations. 3 Importantly, MSDH, not Jackson State, makes

the final determination of whether the Water Storage Project subjects Jackson State’s drinking

water system to the requirements of the SDWA and the Mississippi Safe Drinking Water Act.

Therefore, Jackson State is wrong to assert that the Water Storage Project is not a public water

system subject to regulation under federal and state law. The Court should allow MSDH, along

with the Interim Third Party Manager, to discuss the design of the Water Storage Project with

Jackson State and ensure it complies with federal and state law.

CONCLUSION

For the reasons stated herein, the United States respectfully requests that the Court take no

action in response to Jackson State’s Memorandum and instead should allow Jackson State, the

Mississippi State Department of Health, and the Interim Third Party Manager to engage in further

discussions about the design of the Water Storage Project to ensure it complies with applicable

federal and state law.

Date: Sept. 30, 2025 Respectfully submitted,

ADAM R.F. GUSTAFSON

Acting Assistant Attorney General
Environment and Natural Resources Division

3
The Water Storage Project presents potential public health concerns due to the storage of
drinking water for an unknown period of time that may make compliance with the NPDWRs an
important issue. The length of time water spends in the distribution system or storage is called
“water age.” The higher the water age, the more reaction time for the disinfectant residual,
leading to reduced concentrations of disinfectant residual, increased potential for microbial
growth, and detriments to water quality. To control microbial contamination, public water
systems must maintain a disinfectant residual. Additionally, disinfectants reacting with naturally-
occurring materials in water can form disinfectant byproducts (“DBPs”). This problem is
exacerbated with water age. These DBPs include trihalomethanes, haloacetic acids, chlorite, and
bromate. Exposure to DBPs has been associated with adverse health effects. See, Effects of Water
Age on Distribution System Water Quality, U.S. Environmental Protection Agency, Aug. 15,
2002, https://www.epa.gov/sites/default/files/2015-
09/documents/2007_05_18_disinfection_tcr_whitepaper_tcr_waterdistribution.pdf.
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U.S. Department of Justice

/s/ Karl Fingerhood

KARL FINGERHOOD (PA Bar No. 63260)
Senior Counsel
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Tel: (202) 532-3375
Email: Karl.Fingerhood@usdoj.gov

PATRICK LEMON
Acting United States Attorney for the
Southern District of Mississippi

ANGELA GIVENS WILLIAMS (MS Bar No. 102469)

Chief, Civil Division
MITZI DEASE PAIGE (MS Bar No. 6014)
Assistant United States Attorney
United States Attorney’s Office
501 East Court Street, Suite 4.430
Jackson, Mississippi 39201
Tel: (601) 965-4480
Email: angela.williams3@usa.doj.gov
mitzi.paige@usdoj.gov

Counsel for Plaintiff the United States of America

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

THE UNITED STATES OF AMERICA, ET AL PLAINTIFFS

VS. CASE NO. 3:12-CV-00790-HTW-LGI

THE CITY OF JACKSON, MISSISSIPPI DEFENDANTS

JACKSON STATE UNIVERSITY'S MEMORANDUM IN SUPPORT OF THE

MISSISSIPPI DEPARTMENT OF FINANCE AND ADMINISTRATION'S
JACKSON STATE UNIVERSITY WATER STORAGE PROJECT

COMES NOW, Interested Party, Jackson State University ("JSU"), by and

through counsel, pursuant to the Federal Rules of Civil Procedure and other applicable

authority, and files its Memorandum in Support of the Mississippi Department of Finance

and Administration's Jackson State University Water Storage Project ("JSUWSP"). In

support thereof, JSU states as follows:

Introduction

The question before the court is whether the proposed JSUWSP constitutes a

"public water system" under the Safe Drinking Water Act ("SDWA"), 42 U.S.C. § 300f(4)

and §41-26-3(q) of the Mississippi Code Annotated (1972), as amended. The United States

Department of Environmental Protection ("EPA") regulates public drinking water

systems. Pursuant to the EPA's "Information about Public Water Systems" set forth on

its website, the EPA construes a public water system to: "provide water for human

consumption through pipes or other constructed conveyances to at least 25 people for at

least 60 days a year." 1 Further, the EPA classifies these water systems based on: "the

1 EPA Website, https://www.epa.gov/dwreginfo/information-about-public-water-systems.

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number of people they serve, the source of the water, and whether they serve the same

customers year-round or on an occasional basis". 2

When the plans and specifications of the JSUWSP are analyzed and evaluated

against the plain language of the SDWA, the relevant Environmental Protection Agency

("EPA") guidance, and relevant Mississippi statutes, one is compelled to conclude that it

is not a public water system. The JSUWSP is designed to function as a closed-loop,

emergency-only supply for a single, known entity. It does not meet the statutory

definition of a system that "provides water to the public". The Jackson State University

Water Storage Project ("JSUWSP"), does not meet the definition of a "public water

system" as defined in 42 U.S.C.A. §3oof(4)(A) or §41-26-3(q) of the Mississippi Code

Annotated (1972), as amended

Statement of Facts

During the 2022 and 2023 legislative sessions, the Mississippi Legislature

appropriated ARPA funds to DFA. These funds were to be used at the discretion of DFA

for ARPA eligible state projects. DFA elected to use a portion of these appropriated funds

to create an emergency back-up water distribution system for Jackson State University,

an ARPA eligible project. All ARPA funded projects must be completed no later than

December of 2026.

On August 17, 2023, the DFA's GS#103-326 ARPA Infrastructure — Water Storage

Project, referred to as JSUWSP, was approved by the Mississippi Board of Trustees of

State Institutions of Higher Learning ("IHL"). The project included four (4) new ground

storage tanks and distribution improvements to be installed at JSU. Prior to initiating

2 Id.

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the proposed DFA JSUWSP, two (2) methodologies for addressing emergency water
needs of JSU were considered. See Exhibit "A", Part Two: "Alternate Review." One
methodology considered was to create a separate public water system for JSU. The design
professional in responsible charge of the project, the Pickering Firm, was aware of the
requirements necessary to create a public water system. This awareness is evidenced and
acknowledged in a letter from the Pickering Firm to the Bureau of Public Water Supply
dated May 16, 2025. A copy of which is attached hereto as Exhibit "A" and incorporated
herein by reference. In that letter, the Pickering Firm acknowledged that "only after both
the Mississippi Department of Health and the Mississippi Public Service Commission
have reviewed the information provided and concurred that the university has the
capability to operate a PWS would the PWS be created." See Ex. "A", page 3.
Instead of creating a separate public water system, a decision was made to use
above ground storage tanks. These ground storage tanks, located strategically throughout
the university campus would, in situations where the City of Jackson experienced water
service disruptions, allow JSU to maintain sufficient water pressure to continue its
operations for at least the 24-48 hours that might be needed for the City of Jackson to
restore normal operation.
The JSUWSP would receive its water only from the City of Jackson, and keep the
water in circulation for use without any further water treatment. At the hearing on
Thursday, September 18, 2025, before this Honorable Court, a lot of discussion via
various testimony was provided by both JXN Water and the Mississippi Department of
Health ("MSDH") about the efficacy or peril of comingling potable and non-potable water.
The concerns expressed by JXN Water in explanation of its refusal to allow the
Department of Health to review the JSUWSP plans were the potential health risks

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associated with having non-potable water, or water from outside of the JXN Water
system, entering the JXN Water System. We have since learned that all water associated
with or utilized by the JSUWSP would be potable water. The JSUWSP would carry only
that water received from the City of Jackson. This water would not undergo any
additional treatment, thereby remaining in compliance with Mississippi Safe Drinking
Water regulations.
On March 7, 2024, the schematic design for the JSUWSP was approved by the
IHL. On May 23, 2024, Construction Documents were approved to be advertised for bids.
On August 14, 2024, a Pre-Construction Meeting was held with DFA and their project
professionals. On September 11, 2024, monthly Owner Architect and Contractor (OAC)
meetings were commenced with DFA, these monthly meetings focused primarily on
finalizing sites, installation priorities, pump station aesthetics, and ordering materials. At
no time during the course of multiple meetings regarding this project, in which licensed
professional engineers and other professionals who were, or should have been, familiar
with the rules, regulations and law pertaining to such a project, was the issue of approval
from JXN Water or the MSDH ever raised. However, on May 6, 2025, DFA and its
representatives received a Cease and Desist Letter from the Mississippi Department of
Health ("MSDH") regarding the DFA's ARPA Infrastructure Water Storage Project for
Jackson State University asserting that the project had proceeded without review and
approval of the Bureau of Public Water Supply. A copy of the Cease and Desist letter is
attached hereto as Ex. "B" and incorporated herein by reference. The authority sought to
be exercised by the Bureau is that authority given to it by the Mississippi legislature at
§41-26-8 of the Miss. Code Ann. This attempt to exercise control of this project is
misplaced in that the powers and duties in §41-26-8 apply only to the construction or

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change of community and certain non-community public water systems. Because the

JSUWSP is not a public water system for the reasons set forth herein below, the MSDH

has no jurisdiction or authority relative to the project

With the ARPA Infrastructure — Water Storage Project, the DFA seeks to construct

a backup water tank system for JSU for its campus facilities to provide a temporary,

emergency potable water supply during intermittent city-wide water outages. The system

would store potable water sourced and treated by the existing municipal public water

system under the management and administration of JXN Water. It would not introduce

water from any independent source. The backup system would only be activated during

emergencies to provide water to buildings to allow JSU to maintain campus operations.

Although its water is not intended for drinking or any form of human consumption, the

water is potable and does not create a risk of harm if consumed. The tanks are to be

located on the campus of JSU, and are designed to feed into the facility's internal

distribution system, not the municipal system.

Standard of Review

The legal interpretation of a federal statute is a question of law reviewed de novo by

this Court. The Administrative Procedure Act requires courts to exercise their

independent judgment in deciding whether an agency has acted within its statutory

authority, and courts may not defer to an agency interpretation of the law simply because

a statute is ambiguous (Loper Bright Enterprises et al v. Raimondo, 144 U.S. 2244

(2024)).

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Argument

I. The backup water tank system is not a "public water system" under the Safe
Drinking Water Act.

The Safe Drinking Water Act defines a "public water system" as "a system for the

provision to the public of water for human consumption through pipes or other

constructed conveyances, if such system has at least fifteen service connections or

regularly serves at least twenty-five individuals". The EPA has interpreted "regularly" to

mean at least 6o days a year. See EPA website, a copy of which is attached hereto as

Exhibit "C" and incorporated herein by reference. The Code of Federal Regulations, Title

40, Chapter I, Subchapter D Part 141 contains the National Primary Drinking Water

regulations. 4o C.F. R. Section 141.3 provides, in pertinent part, that,

"these regulations apply to each public water system, unless (a) the public water
system consists only of distribution and storage facilities and does not have
collection and treatment facilities, (b) obtains all of its water from, but is not
owned or operated by, a public water system to which such regulations apply and
(c) does not sell water to any person".

The backup system at issue fails to meet this definition in several critical respects.

The SDWA proscribes the primary enforcement authority for public water systems to

the states. 42 U.S.C.A. §30 og-2. As set forth in Restore v. Beauregard Water Works

District No. 3, Civil Action No. 2:12CV2602, 2013 WL 431778, *1 (W.D. La. 2013), the

SDWA specifically addresses its intent for states to have primary enforcement

responsibility under the SDWA. Id. Specifically, §300g-2(a) states,

"...a State has primary enforcement responsibility for public water systems during
any period for which the Administrator determines ... that such State (1) has
adopted drinking water regulations that are no less stringent than the national
primary drinking water regulations promulgated by the Administrator..." and
"(2) has adopted and is implementing adequate procedures for the enforcement
of such State regulations, including conducting such monitoring and making such
inspections as the Administrator may require by regulation ..." Id.

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The EPA's role as one of monitoring each state's uniformity with the SDWA. Id.

The Mississippi Legislature enacted the Mississippi Safe Drinking Water Act of

1997, found at 41-26-1, et seq. of the Miss. Code Ann. §41-26-3(q) of the Mississippi Safe

Drinking Water Act defines a public water system as a system for providing to the public

piped water for human consumption through pipes or other constructed conveyances if

the system has at least fifteen (15) service connections or regularly serves at least twenty-

five (25) individuals. Again, the JSUWSP if constructed, would have fewer than fifteen

(15) connections and will not be used on any regular basis, certainly not more than sixty

(60) days a year. Therefore, the JSUWSP by definition is not a public water system,

neither as contemplated by state or federal law.

A. The system does not provide water "to the public."

The JSUWSP consists only of storage and distribution capacity, it does not have

any collection or treatment facility associated therewith. The JSUWSP would obtain all

of its water from a public water system and would not engage in the sale of water to any

person. Further, the JSUWSP consists of fewer than fifteen (15) connections and would

not regularly serve at least twenty-five individuals. This alone exempts the JSUWSP by

definition from being a public water system as contemplated by the Safe Drinking Water

Act.

The system is a closed-loop system confined entirely within the parameters of

JSU's campus, an entity with a defined and limited population. It does not serve an open-

ended group of people, like a municipal system, a campground, or a rest stop. The system

is a private asset, owned and operated for the sole purpose of ensuring emergency water

access for JSU and its students, faculty, and staff.

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B. The system is an extension of the municipal system, not a new one.

The potable water in the backup tanks originates from the municipal public water

system, and is already treated and regulated by JXN Water. Characterizing the storage of

pre-treated municipal water as a separate public water system would lead to a legally and

functionally absurd result, effectively requiring a private entity to re-regulate water that

has already been regulated by a public authority. The tanks simply provide a temporary

buffer, acting as an additional storage facility for an existing system, not as an

independent water utility.

II. The regulatory concerns raised by JXN Water are not sufficient to

overcome the plain meaning of the statute.

JXN Water has raised concerns about potential water stagnation and

contamination within the backup tanks. These are operational matters, not jurisdictional

ones. This Court is tasked with interpreting the SDWA's jurisdictional reach, not with

micromanaging the system's design or operation. That authority lies with the applicable

state agency, which in this case is MSDH. Appropriate safeguards and maintenance

protocols can address JXN Water's concerns without reclassifying the system as a public

water system. Interpreting the SDWA to cover all private, emergency water systems based

on potential operational risks would represent an impermissible expansion of the EPA's

and this Court's authority. However, for clarification purposes, the water stored in the

backup tanks would not be stagnant, but would continue to circulate within the tanks.

Said water would originate from JXN Water which would already be treated, and no water

from any other source would enter the system.

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Conclusion

For the foregoing reasons, the DFA's Jackson State University Water Storage

Project to implement a backup water tank system is not a public water system under the

federal Safe Drinking Water Act nor the Mississippi Safe Drinking Water Act of 1997.

Again, the subject project is only intended to provide a backup system to ensure the

University does not experience loss of service or reduced water pressure that will result

in substantial disruptions to campus operations that will directly affect thousands of

students. The University shall remain consumers of JXN Water, and again does not

desire to separate from this public water system. Therefore, the Jackson State University

Water Storage Project by definition is not a public water system as contemplated by state

or federal law.

Respectfully submitted, this the 23rd day of September, 2025.

JACKSON STATE UNIVERSITY

By: /s/ Monica Davis Allen

MONICA DAVIS ALLEN, MSB # 102154
Associate General Counsel

OF COUNSEL:
DIVISON OF GENERAL COUNSEL
Onetta S. Whitley, General Counsel (MSB # 7164)
Monica Davis Allen, Associate General Counsel (MSB # 102154)
LaShundra Jackson-Winters, Associate General Counsel (MSB # 101143)
1400 John R. Lynch Street
Post Office Box 17239
Jackson, Mississippi 39217
Office: 601.9709-3950
Facsimile: 601.979.9277

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CERTIFICATE OF SERVICE

I, Monica Davis Allen, one of the attorneys for Jackson State University, do hereby

certify that I have this day delivered, via electronic filing and electronic mail, a true and

correct copy of the above and foregoing document, to the following:

All Attorneys of Record

John Sneed, Special Assistant Attorney General

Mississippi Attorney General's Office
550 High Street
Jackson, Mississippi 39205
Email: john.sneed@ago.ms.gov

THIS the 23rd day of September, 2025.

/s/ Monica Davis Allen

MONICA DAVIS ALLEN

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Pickering
Service and Good Work..
Our Foundation, Our Future
Since 1946

RE: GS#103-326 — ARPA Infr. — Water Storage (Jackson State University)

May 16, 2025

Mr. William F. Moody, PE, BCEE

Director, Bureau of Public Water Supply
Mississippi State Department of Health EXHIBIT
570 East Woodrow Wilson
PO Box 1700
Jackson, MS 39215

Subject: Project Development and Operation Methodology

Mr. Moody,

I appreciate the opportunity to discuss the above referenced project with you. As a follow-up to those
conversations, the following paragraphs provide additional information regarding project development and
intended operation. This information was compiled from reports and memoranda produced during the design of
the project.

Background

Jackson State University (JSU) is in the city of Jackson, Mississippi. The current enrollment for JSU is
approximately 7,000. Water service to the campus is provided by the City of Jackson. The City owns and operates
two (2) surface water treatment plants that supply treated water to most of the City, including JSU. The City
maintains pressure in the distribution system through multiple elevated water storage tanks, including a
1,000,000 gallon elevated tank located on the JSU campus near President Street. The City owns a 12-inch water
main that bisects the campus along Lynch Street, as well as 12-inch water mains along Dalton Street from Lynch
Street northward and President Street from the elevated storage tank northward. These water mains serve the
JSU water distribution system.

As a customer of the City of Jackson's water system, JSU has experienced several water outages, periods of low
pressure, boil water notices, and other disruptions in water service during recent years due to several issues
within the City's water system. Some of these issues are problems with the production of an adequate supply of
treated water to meet the demands of the area, while other issues are in the water transmission and/or
distribution system. Water line breaks and leaks in the City's distribution system are common and lead to
frequent boil water notices, low pressure events, and disruptions in service. These events negatively impact
campus operations for extended periods of time.

Project Concept

The proposed project will provide water infrastructure to mitigate the effects to campus operations during
periods when the City's water system cannot provide adequate service. In order to accomplish this, ground water
storage tanks are proposed to provide sufficient domestic water for the student housing and dining on campus,
along with those critical administrative facilities noted earlier, to maintain operations for up to two days.
Estimated water requirements are based on industry-recognized guidelines for daily water demands and building
occupancy data provided by the University. Residence hall daily water requirements are estimated to be 100
gallons per day (gpd) per person, while water requirements for food service facilities are estimated to be 5 gpd
per meal provided. Average demand for the identified buildings is shown in Table 1 below. In total, these
facilities are estimated to use about 340,000 gallons of water each day.

Facility Design • Civil Engineering • Surveying • Transportation • Natural / Water Resources

2001 Airport Road, Suite 201 • Flowood, MS 39232 • Phone: 601.956.3663 • FAX: 601.956.7817 • www.pickeringfirm.com
Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 12 of 21

William F. Moody, PE, BCEE

JSU Water Storage — Project Development and Operational Methodology
May 16, 2025
Page 2 of 7

Table I Estimated Average Daily Demand

Building Demand (grid)

One University Place 12,000

Police Department 1,000
Alexander East 36,000
Alexander West 36,000
Administration Tower 6,000
Student Center 5,500
Campbell College North 20,500
Campbell College South 21,500
J.L. Reddix 6,000
Stewart 18,000
Dixon 29,000
Heritage Dining Hall 16,500
Proposed New Dining Hall 18,250
Health Center 2,000
Transitional 43,500
McAllister-Whiteside 49,500
Library (University EOC) 2,500
University Pointe 17,000

Total 341,000

Ground storage tanks shall be proposed to provide approximately two (2) days of storage based on average daily
demand. This volume of storage provides a "transitional" period for implementation of operational changes with
regard to water supply for campus operations if the City's water distribution system experiences an extended
service interruption. However, the transitional period is intentionally minimal to mitigate the potential for water
quality issues in the ground storage tanks.

Based on proximity, multiple buildings are proposed to be served from a single ground storage tank. Four (4)
domestic supply tanks are currently planned; however, fewer tanks could be used if spatial requirements are of
concern. The volume of each tank, along with the buildings each tank will serve, are shown in Table 2. A booster
pump station located at each tank would deliver domestic water to the buildings at a pressure equivalent to that
delivered by the City of Jackon's distribution system. Potable water received from the City of Jackson shall not
receive further treatment in the proposed storage tank/booster pump system in order to maintain compliance
with Rule 1.1.4 of the Mississippi Safe Drinking Water Regulations.
Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 13 of 21

William F. Moody, PE, BCEE

JSU Water Storage — Project Development and Operational Methodology
May 16, 2025
Page 3 of 7

Table 2 - Proposed Ground Storage Tanks

Tank Identifier Volume (Gal.) Buildings Served

Administration Tower

Student Center

Alexander East

Alexander West

Dixon Hall

Stewart Hall

J.L. Reddix
A 625,000
Heritage Dining Hall

Proposed New Dining Hall

Campbell Hall South

Campbell Hall North

Transitional Residence Hal

McAllister Whiteside Hall

Health Center

Campus Police
B 30,000
One University Place

C 5,000 Library (University EOC)

D 35,000 University Pointe

During normal operation, the ground storage tanks will receive water from the City's system. Water from the
tanks will maintain service using booster pump stations and dedicated domestic distribution lines to each
identified building. In the event of a supply or pressure issue in the City's distribution system, the ground tanks
would facilitate an uninterrupted supply of water to the buildings for approximately 2 days. During that time, the
University would implement replenishment of water in these storage tanks with water trucks as needed. On
average it is estimated to require about 20 water trucks per 100,000 gallons of tank volume to be replenished
each day. For the average daily demand noted previously, between 65 and 70 water trucks would be required
each day. Because of the significant quantity of trucks required to replenish the ground storage tanks, each tank
location would include provision for simultaneoJs unloading of multiple trucks to expedite refilling operations,

Alternative Review — Storage and Distribution Modifications

With the project concept presented above, two alternative methodologies to accomplish the project goal were
considered. These alternatives include modification to the existing storage and distribution infrastructure within
the University campus to provide emergency water service throughout the campus and creation of a wholly-
separate Public Water System for the University.
Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 14 of 21

William F. Moody, PE, BCEE

JSU Water Storage — Project Development and Operational Methodology
May 16, 2025
Page 4 of 7

The first alternative considered to mitigate the negative impacts of water service interruption from the City of
Jackson is to isolate the portion of the City's distribution system within JSU's campus during a water service
interruption. The existing elevated storage tank located on campus provides storage and pressure to both
campus facilities and areas surrounding campus. To maintain the functional intent, additional elevated storage
would be needed so that, during the period of isolation, potable water would remain available inside and outside
the isolated system. Isolation of the JSU campus from the City's distribution system would also require the
installation of valves on the City's distribution infrastructure used to serve JSU facilities as the infrastructure
enters campus. This would include the 12-inch water main along Lynch Street, the primary east-west
thoroughfare through campus, along with mains on Prentiss and Dalton Streets.

Isolating the distribution infrastructure within JSU's campus would also require improvements to be made to the
City's distribution system in order to minimize impact to that system. Improvements would include maintaining
elevated storage capacity presently provided by the City's tank located within JSU campus boundary through
construction of new elevated storage. Additionally, improvements to restore hydraulic function of the City's
distribution system through construction of a water main to replace the existing main along Lynch Street and
connection between parallel "dead-end" mains created by the JSU distribution infrastructure isolation.

The effectiveness of this alternative is dependent on sufficient advance notification of issues within the City's
distribution system, facilitating the ability to isolate the campus distribution system from the City's distribution
system while the elevated tank designated to serve the campus distribution system has an adequate supply of
water remaining. During longer periods of inadequate water service, the elevated tank serving the campus
distribution system could be refilled with water from tankers and a booster pump system.

Alternative Review — New Public Water System

A second alternative to the proposed project concept is the creation of a new Public Water System for Jackson
State University. The new PWS would provide independence from adverse impact due to external factors (e.g.,
disruptions in other parts of the City's distribution network; disruptions in the City's supply system; etc.). Also, a
new PWS for Jackson State University would lend itself to a potentially more rapid response to issues within the
JSU distribution system since the scale of the University distribution system would be much smaller than that of
the City of Jackson.

However, creation of a new PWS to serve Jackson Sate University would require addressing infrastructure,
technical, and administrative issues in order to create the new water system. Most notably, Jackson State
University would require new water supply, storage and distribution infrastructure within the campus to facilitate
service to buildings and other areas by the new water system. Since the City's distribution system extends
throughout the campus, the University could elect to parallel existing City of Jackson distribution infrastructure on
campus, abandoning City service connections once the University's distribution system is functional. Alternately,
the University could acquire distribution infrastructure within the campus from the City of Jackson and make
improvements to the City's distribution infrastructure around the perimeter of the campus to mitigate adverse
hydraulic impacts to the City's customers due to removal of City distribution infrastructure within the University
campus.

In addition to the infrastructure requirements of creating a new Public Water System, the Mississippi Department
of Health requires that the proposed University PWS retain the services of a Certified Water Operator to operate
the system in accordance with the Safe Drinking Water Act and MSDH requirements and collect required samples
and for analysis. Additionally, the University PWS would be required to develop and follow a Water System
Operation and Maintenance Plan, indicating staffing for the system and the responsibilities of those staff, as well
as having access to equipment and materials necessary to make repairs as needed on the system. Further, the
University PWS would be required to develop and follow and Emergency Action Plan to address issues within the
system ranging from chemical leakage to outside threats.
Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 15 of 21

William F. Moody, PE, BCEE

JSU Water Storage — Project Development and Operational Methodology
May 16, 2025
Page 5 of 7

The proposed University PWS would also be required to submit documentation to the Mississippi Public Service
Commission demonstrating the financial capability of the University to operate a PWS, as well as the capability of
the University to effectively manage the PWS, similar to the capability demonstration required by the Mississippi
Department of Health.

Only after both the Mississippi Department of Health and Mississippi Public Service Commission have reviewed
the information provided and concurred that the University has the capability to operate a PWS would the PWS
be created.

Selected Approach

The proposed concept, along with both alternatives, were discussed with Bureau of Buildings and Jackson State
University leadership to arrive at decision regarding the direction of the project. Based on these discussions, it
was decided to move forward with the proposed concept utilizing ground storage tanks and booster pump
stations to supply potable water only to selected "critical" buildings within the campus. Water received from the
City of Jackson's distribution system would not undergo further treatment in order to maintain compliance with
Mississippi Safe Drinking Water Regulations. Table 3, below, illustrates the final storage tank sizing and buildings
served.

Table 3 — Final Proposed Ground Storage Tanks

,_
Tank Identifier Volume (Gallons) Buildings Served

Student Center
Alexander East
Alexander West
J.L. Reddix
Stewart Hall
Dixon Hall
A 625,000 Heritage Dining Hall
Proposed New Dining Hall
Campbell Hall South
Campbell Hall North
Transitional Residence Hall
McAllister-Whiteside Hall
Health Center

B 30,000 One University Place (Campus Police)

C 6,000 Library (University EOC)

17 35,000 University Pointe (service to President's House)

Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 16 of 21

William F. Moody, PE, BCEE

JSU Water Storage — Project Development and Operational Methodology
May 16, 2025
Page 6 of 7

Following completion of design and bidding, the Jackson State University administration elected to remove Site
"C" from the project. As such, the present project consists of three (3) tank/booster pump systems serving the
buildings noted in the table above.

Operational Methodology

As described previously, these tank/booster pump systems are proposed to be installed on the customer side of
the distribution system connection. Normal operation for these systems is defined as water, sourced from City of
Jackson Water distribution system, fills the storage tanks. Distribution pumps operate based on demand from the
buildings. This operational model appears consistent with Rule 1.1.4 of the Mississipp Safe Drinking Water
Regulations.

Under "emergency" operation, defined as a low-pressure or no-pressure condition on the City's distribution main
feeding the tank, water from external transport vehicles is deposited to the storage tank through tanker receiving
stations, located adjacent to the storage tank. As under normal operation, system distribution pumps operate
based on demand from the buildings.

Water level in the storage tank is monitored using a pressure transmitter installed in tank sidewall —3 inches
above floor. When the tank reaches a user-defined "maximum" level, the inlet valve to the tank from the City of
Jackson Distribution System is actuated "CLOSED". When the tank reaches a user-defined "Call For Water" level,
the inlet valve to the tank from the City of Jackson Distribution System is actuated "OPEN".

To supply water from the City of Jackson distribution system to the storage tank, a metered connection from the
City of Jackson distribution system shall be connected. This may be downstream of the building service
connection, where the station serves a single building, or a separate meter installation. Piping to route water
shall include manual valves at the meter service pipe for the tank inlet and downstream of the tank inlet to permit
bypassing of the tank/pump water supply system. Adjacent to the tank, an actuated control valve and pressure
transmitter are installed on the service line from the City of Jackson distribution system to facilitate tank
operation. Distribution system pressure is monitored via the installed pressure transmitter. At pressures above a
user-defined minimum pressure, the tank/booster pump control system permits actuation of the inlet valve to
"OPEN" when a "Call For Water" signal is received. When distribution system pressure falls below a user-defined
"minimum" pressure, the tank/booster pump system control system prevents actuation of the inlet valve to
"OPEN" when a "Call For Water" signal is received. Also, an alarm notification is sent to the campus building
management network to alert University staff of the low pressure condition.

Water is transported from the storage tank to the identified building(s) via a booster pump station. Connection to
each building's domestic water service is proposed at a reasonable location between the City of Jackson service
meter and the domestic water service entrance into each building. At each connection, isolation gate valves are
provided to permit isolation of the City of Jackson water service when the proposed tank/booster pump system is
operational, as well as isolation of the tank/booster pump system when the City of Jackson water service is
operational. Booster pump stations operate continuously to ensure adequate water pressure to each building is
maintained. Pumps operate on variable frequency drives to accommodate varying demands.

Operation of the tank/booster pump system is automated to the extent practical. This permits minimal
interaction requirements for University maintenance staff. The tank/booster pump control system is integrated
into the campus Building Management Network to allow alarm notifications for system conditions requiring
attention to appropriate building maintenance staff. However, modification of system operation is performed
locally to minimize potential for unauthorized or errant changes to system operation.
Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 17 of 21

William F. Moody, PE, BCEE

JSU Water Storage — Project Development and Operational Methodology
May 16, 2025
Page 7 of 7

Summary

As a customer of the City of Jackson's water system, JSU has experienced several water outages, periods of low
pressure, boil water notices, and other disruptions in water service during recent years due to several issues
within the City's water system. Issues with the production of an adequate supply of treated water to meet the
demands of the area and water line breaks in the City's distribution system are common, leading to frequent boil
water notices, low pressure events, and disruptions in service. These events negatively impact campus operations
for extended periods of time. The proposed project has been developed within the understood limitations of the
Mississippi Safe Drinking Water Regulations to provide supplemental water infrastructure for Jackson State
University to mitigate effects to campus operations during periods when the City's water system cannot provide
adequate service.

I trust the above information offers additional insight regarding the intent of the proposed improvements. Should
you have any questions, or require additional information, please do not hesitate to contact me.

Respectfully,

Gregory A. Brown, PE
Associate Principal Owner
Water Resources Engineer
Pickering Firm, Inc.
Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 18 of 21
 Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 19 of 21

top
MISSISSIPPI STATE DEPARTMENT OF HEALTH

May 6, 2025

Mr. Greg Brown, P.E.

Pickering Firm
2001 Airport Road, Suite 201
Flowood, MS 39232

RE. ARPA Infrastructure Water Storage Project for Jackson State University, Potential New Public Water
System, Hinds County

Dear Mr. Brown:

Based on recent discussions with you, JXNWater, and Jacobs, it has come to the Bureau of Public Water
Supply's (Bureau) attention the above referenced project is in the preliminary construction phase. The project
includes for four (4) new ground storage tanks and distribution improvements to be installed on the Jackson
State University campus. This preliminary construction has proceeded without an initial review and approval
by the Bureau. Based on your description of the proposed project, a new public water system as defined in
the Safe Drinking Water Act would be created within the city limits of Jackson. During the discussion, it was
expressed that the University did not desire to create a new public water system. Construction of projects on
public water systems or creating public water systems without initial approval by the Mississippi State
Department of Health is a direct violation of state law (Section 41-26-8, Mississippi Code of 1972 Annotated).

Please be advised that violation of the Mississippi Safe Drinking Water Act may result in administrative
penalties of up to $25,000 per violation with each day of continuing violation constituting a separate violation.
Under this statute, this agency may assess these penalties against any and all parties involved in the
construction of this project to create a new public water system including, but not limited to, the responsible
official, board members, the engineer of record, and the construction company.

By means of a copy of this letter, I am instructing construction of this project to immediately

discontinue.

A formal hearing may be requested regarding this matter. The request must be submitted to this office in
writing.

If you have questions, please contact me at (601) 576-7518

Sincer

Moody, P
Director, Bureau of Pubic wafer Supply

Cc via email:
Glenn Kornbrek, Executive Director, Bureau of Buildings
JXN Water/ Ted Henifin, Jordan Hillman, Terence Byrd
Jacobs/ Amy McLeod, Lenore Holmes
MSDH/ Lester Herrington, Karen Walters
Christin Williams, MSDH Legal Counsel

570 East Woodrow Wilson • Post Office Box 1700 • Jackson, MS 39215-1700
1-866-HLTHY4U • www.HealthyMS.com
Equal Opportunity in Employment/Service
 Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 20 of 21
9/19/25, ,56 PM Information about Public Water Systems I US EPA

EPA
Information about Public
Water Systems
Providing safe drinking water is a partnership that
involves EPA, the states, tribes, water systems, Related
and water system operators. The public drinking Information
water systems regulated by EPA and delegated states
and tribes provide drinking water to 90 percent of
• Drinking Water
Americans.
Distribution
A public water system provides water for human Systems
consumption through pipes or other constructed <https://e pa.gov/dwregi

conveyances to at least 15 service connections or nfo/drinking-water-

serves an average of at least 25 people for at least 60 distribution-system-

days a year. A public water system may be publicly tools-and-resources>

or privately owned. • Public Water

System
There are over 148,000 public water systems in the
Supervision
United States. EPA classifies these water systems
Program
according to the number of people they serve, the
<https://epa.gov/dwregi
source of their water, and whether they serve the
nfo/public-water-
same customers year-round or on an occasional
system-supervision-
basis.
pwss-grant-program>

• Private Drinking
Classifications:
Water Wells
EPA has defined three types of public water systems: <https://epa.gov/private

wells>
• Community Water System (CWS): A public water
system that supplies water to the same
population year-round.
EXHIBIT
In
2

https://www.epa.govidwreginfo/information-about-public-water-systems 1/2
 Case 3:12-cv-00790-HTW-LGI Document 230 Filed 09/23/25 Page 21 of 21
9/19/25, 2-56 PM Information about Public Water Systems I US EPA

• Non-Transient Non-Community Water System (NTNCWS): A public water system

that regularly supplies water to at least 25 of the same people at least six months
per year. Some examples are schools, factories, office buildings, and hospitals which
have their own water systems.

• Transient Non-Community Water System (TNCWS): A public water system that

provides water in a place such as a gas station or campground where people do not
remain for long periods of time.

Last updated on October 30, 2024

https://mmepa.govidwreginfo/information-about-public-water-systems 212