THE U.S., THE STATE OF TN, AND THE TN CLEAN WATER NETWORK HAVE TAKEN A CIVIL ACTOIN AGAINST THE CITY OF MEMPHIS, TN, FOR VIOLATIONS OF THE CWA. SAID VIOLATIONS INCLUDE: (1) UNAUTHORIZED DISCHARGES OF RAW SEWAGE TO WATERS OF THE U.S.; (2) FAILURE TO COMPLY WITH THE PROPER OPERATION AND MAINTENANCE PROVISION OF THE NPDES PERMITS ISSUED TO MEMPHIS; (3) BYPASSES OF TREATMENT OF THE M.C. STILES SEWAGE TREATMENT PLANT; AND (4) VIOLATIONS OF THE FLLUENT LIMITATIONS OUTLINED IN THE NPDES PERMITS ISSUED TO MEMPHIS.
DISCHARGES, OVERFLOWS, SPILLS, RELEASES OR DIVERSIONS OF RAW SEWAGE ARE KNOWN AS SANITARY SEWER OVERFLOWS (SSOs). ON APRIL 16, 2012, THE U.S. DOJ LODGED A CONSENT DECREE REQUIRING MEMPHIS TO ADDRESS ITS SSOs BY DEVELOPING AND IMPLEMENTING SEVERAL MANAGEMENT, OPERATION AND MAINTENANCE PROGRAMS, INCLUDING A FATS, OILS AND GREASE (FOG) CONTROL PROGRAM, A CONTINUING SEWAR ASSESSING PROGRAM AND AN INFRASTRUCTURE REHABILITATION PROGRAM.
SSOs ARE DISCHARGES, OVERFLOWS, SPILLS, RELEASES OR DIVERSIONS OF RAW SEWAGE FROM A SANITARY SEWER SYSTEM AND ARE ILLEGAL UNDER THE ACT. MUNICIPAL SEWAGE SYSTEMS WITH SEPARATE SANITARY SEWERS MAY EXPERIENCE SSOs DUE TO INADEQUATE CAPACITY OF THE SEWER LINES AND/OR INADEQUATE OPERATIONS OR MAINTENANCE. SSOs POSE A SIGNIFICANT HEALTH THREAT TO PUBLIC HEALTH AND THE ENVIRONMENT, AS THEY CONTAIN RAW SEWAGE AND HAVE HIGH CONCENTRATIONS OF BACTERIA, AS WELL AS DISEASE-CAUSING PATHOGENS AND VIRUSES. SSOs CAN OCCUR IN PUBLIC ACCESS AREAS, SUCH AS P