Federal and state governments on Wednesday filed a civil lawsuit against the city of East St. Louis, accusing it of allowing untreated sewage to spill from its infrastructure despite two orders from the U.S. Environmental Protection Agency to address the problem in 2022 and 2023.
The EPA, along with the U.S. Department of Justice and the state of Illinois, say in the complaint that sewage flows into the community and bodies of water, including the Mississippi River and Whispering Willow Lake at Frank Holten State Park, in violation of the Clean Water Act. Residents go to Frank Holten for fishing and boating, the complaint notes.
They are seeking a court order in the U.S. District Court for the Southern District of Illinois or a settlement agreement like the one announced Tuesday in Cahokia Heights that would require the city to pay penalties and make infrastructure improvements.
East St. Louis Mayor Charles Powell III and City Manager Robert Betts could not immediately be reached for comment about the lawsuit on Wednesday. Attorneys representing the city also did not immediately respond to a request for comment.
The complaint alleges that untreated sewage spills from East St. Louis outfalls into the Mississippi River and Whispering Willow Lake during “high-flow conditions,” such as heavy rain.
The American Bottoms Treatment Plant that receives sewage from East St. Louis has recorded at least 246 sewage overflows into the Mississippi River, including 19 times when there had been zero precipitation, according to the complaint.
EPA inspectors have also observed toilet paper in the vegetation along the banks of Whispering Willow Lake during an inspection of an outfall there. The city does not have a monitoring system to record sewage overflows at Frank Holten State Park, the complaint states.
The EPA, DOJ and state of Illinois allege that sewage also backs up into streets and buildings in East St. Louis, putting the community at risk of illness. Sewage carries bacteria, viruses and other harmful organisms.
The proposed settlement agreement between Cahokia Heights and the federal and state governments is awaiting court approval. It calls for the city to pay a $30,000 civil penalty for the illegal sewage discharges and make an estimated $30 million in repairs.
Editor's note: This story was originally published by the Belleville News-Democrat. Lexi Cortes is a reporter for the Belleville News-Democrat, a news partner of St. Louis Public Radio.