Jefferson County sewer construction scandal

The Jefferson County sewer construction scandal began when the Cahaba River Society and several individuals sued Jefferson County in federal court to stop illegal dumping of untreated sewage overflows into waterways. The court's 1994 decision found the County in violation of the Clean Water Act and mandated that the United States Environmental Protection Agency (EPA) oversee corrections to the system to prevent overflows. That corrective work has amounted to $3.3 billion of sewer construction contracts.

Several county officials involved in overseeing those contracts have been convicted of accepting bribes to favor certain contractors. Former Jefferson County Commission members Chris McNair, Jeff Germany, and Gary White have all been found guilty of corruption.

Though major construction is complete, the EPA still has scores of documented infractions which need to be addressed before they can certify compliance with the court order.

Due to the project's enormous costs, county-wide sewer rates have increased markedly, and will continue to increase annually to pay off bond debts accumulated during construction.

Super sewer

While the lawsuit against the system was progressing, planners from the Jefferson County Department of Environmental Services, headed by Jack Swann, were studying the merits of various expansion projects not specifically required by the consent decree. They defended the expansions as needed for economic development and to increase the number of ratepayers who would share the costs. Swann said the county would count all projects to improve the performance of the system as "court-ordered". Activists from the Cahaba River Society argued that less than half of the County's expenditures were going toward correction of the faults identified in the lawsuit.

The largest single project was an $84 million plan to provide new sewer service to the Upper Cahaba Watershed around Cahaba Heights and parts of Mountain Brook. The "Cahaba Trunk Sewer", popularly dubbed the "super sewer", would entail construction of a major trunk line from Grants Mill Road to the Cahana River Wastewater Treatment Plant in Hoover. As planned, the new trunk sewer line would cross underneath the river a dozen or more times along its route.

Critics of the plan immediately challenged not only the risky proposition of tunneling under the Cahaba River, but also the need for such an enormous project which could only encourage overdevelopment of the environmentally-sensitive watershed area. The Health Department challenged the planners' interpretation of their report on septic failures. Swann and the Jefferson County Commission proceeded with construction, however, and saw projected costs swell to over $140 million.

In July 2002 construction was halted. The Birmingham Water Works Board, which owns easements along the river asked for new risk-assessments. Engineers found less solid rock under the riverbed than they had expected. Meanwhile public outcry led the Jefferson County Commission to initiate more public hearings on the plan. Swann protested that the delays were costing ratepayers $15,000 per day and that halting the project would cost another $6.5 million.

Meanwhile the Health Department challenged the way planners interpreted its report and called for a comprehensive land-use plan to determine actual needs and an independent risk assessment for the tunnel scheme.

Rates

Most of the sewer work was contracted with bond money to be repaid by increased sewer rates. As expenses have mounted, the county's schedule for increasing rates has had to follow suit. The county's authority to set rates is established by the Alabama Constitution. In case of delinquency, the County can attach a lien to the properties served.

In 1997 the Commission adopted an ordinance which would automatically increase rates each January. The amount of the yearly increase would be set by the County finance director in order to meet rate covenants which were made with bond issuers to hold down interest rates. In addition to the yearly increase, the Commission adopted two mid-year increases (March 1, 1999 and April 1, 2001). Twice the commission reduced the finance director's proposed January increase (2004 and 2005).

Average monthly residential sewer bills in Jefferson County are based on typical usage of 10000 cubit feet of water per household minus a 15% credit for water not returned to the sewer :

• 1992: $9.78 ($1.15/ccf)
• 1995: $13.43($1.58/ccf)
• 1996:
• 1997:
• 1998:
• 1999:
• 2001: $25.59 ($3.01/ccf)
• 2002: $30.01 ($3.53/ccf)
• 2003: $35.31 ($4.15/ccf)
• 2004: $38.84 ($4.57/ccf)
• 2005: $50.41 ($5.93/ccf)
• 2006: $55.42 ($6.52/ccf)
• 2007:
• 2008: $62.90 ($7.40/ccf)

Residential sewer bills in Jefferson County averaged $13.43 per month in 1995, more than doubling to $25.59 by 2001.

References

• Blackledge, Brett J. and Vickii Howell (June 10, 2001) "Third of sewer costs not ordered by court." Birmingham News
• Bouma, Katherine (August 1, 2002) "Report criticizes supersewer research." Birmingham News
• Crook, McDowell (August 10, 2002) "Unearthing truth on sewers: Meeting allows officials to explain need for project." Birmingham Post-Herald
• Torres, Ailene (July 14, 2005) "Did corruption drive up debt?" Birmingham Post-Herald
• Bouma, Katherine (January 19, 2008) "EPA fines Jefferson County for sewage overflows, refuses to certify expansion as complete." Birmingham News
• Hansen, Jeff (March 9, 2008) "Jefferson County, Alabama sewer debt grew into crisis." Birmingham News

External links

• Sewer Media Coverage at cahabariversociety.org