Joint Action with DOJ, State and Federal EPA Includes Settlement with Cahokia Heights
Chicago – Attorney General Kwame Raoul today joined the U.S. Department of Justice (DOJ), the U.S. Environmental Protection Agency (EPA) and the Illinois Environmental Protection Agency (IEPA) in announcing significant action to address chronic failures of the sanitary sewer systems in Cahokia Heights and East St. Louis.
“For too long, the neglected and aging sewer systems in Cahokia Heights and East St. Louis have forced local residents to deal with raw sewage in their basements, in their streets and in local waterways,” Illinois Attorney General Kwame Raoul said. “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.”
Raoul and the DOJ filed the lawsuit and consent decree to resolve allegations the city of Cahokia Heights violated federal and state environmental protection laws that stem from the city’s failure to address sanitary sewer overflows. Aging infrastructure and years of poor maintenance and neglect have led to more than 300 occasions of sanitary sewage being discharged to nearby waterways in violation of the Clean Water Act since November 2019.
The consent decree requires Cahokia Heights to pay a $30,000 civil penalty and invest approximately $30 million in extensive sewer improvement projects, conduct system-wide repairs and ensure the community is updated with its progress on upgrades.
Raoul and the DOJ filed a separate lawsuit against the city of East St. Louis over its alleged failure to develop a long-term control plan to properly clean and maintain its combined sewer system. The lawsuit alleges the city regularly releases sewage into the Mississippi River and Whispering Willow Lake during periods of heavy rain. Whispering Willow Lake is located within Frank Holten State Park where fishing, boating and other public activities take place.
Raoul’s lawsuit seeks to require the city of East St. Louis to cease further violations of the Clean Water Act and the Illinois Environmental Protection Act and implement actions to ensure compliance with state and federal environmental laws.
“Both of these cases reflect the improper operation and maintenance of sewer systems located in environmental justice communities where both residents and the environment have been negatively impacted,” said Illinois EPA Acting Director James Jennings. “Illinois EPA has worked closely with the Illinois Attorney General’s Office, the U.S. Environmental Protection Agency, and the U.S. Department of Justice to address our concerns and ultimately bring resolution to Cahokia Heights and East St. Louis.”
Cahokia Heights and East St. Louis are both located in a floodplain with a high groundwater table, requiring sewer operators to be vigilant in maintaining pipes to prevent water infiltration and inflow into the system.
Both lawsuits are part of Attorney General Raoul’s work to hold entities accountable for environmental violations in environmental justice communities. Attorney General Raoul’s Environmental Enforcement Division, which enforces civil environmental laws, has recovered millions of dollars from polluters and required companies to undertake environmental improvement projects in communities impacted by pollution. Raoul encourages residents to report environmental justice and other environmental concerns to his office by emailing ej@ilag.gov.
Supervising Attorney Christina Briggs and Assistant Attorneys General Emma Hudspath and Caitlin Kelly are handling the case for Raoul’s Environmental Bureau.