City of Berne – Notice of Intent to Sue

Copy of the notice.  Photos

Founded by Swiss Mennonites in 1852, this charming city of 4,150 people about 35 miles south of Fort Wayne sits near the north-south continental divide.  Treated wastewater flows to the Wabash River, but when raw sewage overflows from three combined sewer overflows, the sewage goes to the St. Marys River and eventually to Lake Erie. 

These CSOs are the subject of a Notice of Intent to Sue for Clean Water Act violations filed with Berne’s Mayor Fulton by Kerry and Deb Jones on September 5.  Kerry and Deb Jones have fought the problem of CSOs for more than 15 years.  The largest CSO discharges to Sprunger Ditch that flows by their home.   The ditch is filled with unmentionables and floatables leaving it gray and black with waste. 

From October 2001 to June 2003, the City reported 200 million gallons of combined sewer overflows on 50 days.  The City’s Long-Term Control Plan sets a 15-year goal of getting the overflows down to 12 events per year – a far cry from the mandates of the Clean Water Act. 

The dry weather flows makes the situation particularly egregious.  The Jones have extensive photographic documentation.  In July, Tom Neltner swung by their home on a trip to see the CSOs flowing into the ditch.  Yes, it was flowing even though the rains had stopped several days before.   

Despite knowing Deb and Kerry by name, IDEM has done little to change the problem in recent years.  No enforcement for dry weather violations.  No denial of the Long-Term Control Plan.  Sewer connection permits have been approved.   Under pressure from the community, IDEM did issue an Early Warning Notice.  The Early Warning Notice has little or no legal impact and under state regulations should have been issued to all CSO communities years ago.  It was too little too late given the City of Berne’s reluctance to confront the issues.