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Judge fines Utilities for sewage spills
Comments 0 | Recommend 0A federal judge this week fined Colorado Springs Utilities $35,500 in a Sierra Club lawsuit over wastewater system spills but declined to impose monitoring, repair and maintenance of the city’s sewage system.
The Sierra Club sued in 2005, alleging that releases of chlorine, untreated wastewater and raw sewage, much of it into Fountain Creek, were violations of the Clean Water Act, and that state monitoring and enforcement is insufficient to prevent future spills.
The ruling, issued Thursday by U.S. District Judge Walker D. Miller, effectively ends the suit, though the judge wrote he could reopen the issue if provided proof the state is not “diligently enforcing its permits and orders.” Also, next month , both sides will argue who should pay attorney fees.
In declining court-ordered monitoring of the city’s sewage system, which the Sierra Club requested, the judge wrote there have been “substantial improvements” in recent years.
The judge noted, since the 2005 spills, Utilities has improved maintenance and inspection of the sewer system, cleaning 65 percent and inspecting 10 percent annually. The judge also said Utilities has taken steps to prevent vandalism and spent or pledged to spend millions of dollars on improvements.
In 2007, there were 32 spills, the fewest in a decade, with a total volume of 800 gallons, the judge wrote.
Utilities has spent $120 million on wastewater improvements since 2004 and plans to spend another $300 million through 2018, said Bruce McCormick, chief water services officer.
“We think the decision was objective and it’s well-reasoned and it has recognized our commitment to improve our system,” he said.
The fine was based on seven spills for which there were no fines from the state.
The fine was small compared to what the Colorado Department of Public Health and Environment issued for some spills – $100,000 in 2005 and $127,000 in 2007. Utilities has accumulated just over $1 million in legal fees in the Sierra Club lawsuit, said spokesman Steve Berry.
