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Indianapolis CSO Civil Rights Action
On October 4, 2006, the US Department of Justice, the State of Indiana and the City of Indianapolis entered into a Consent Decree regarding the Indianapolis sewer system. The Consent Decree includes a comprehensive Long Term Control plan which, when implemented, will significantly reduce the overflow of sewage into Indianapolis neighborhoods.
This Consent Decree brings to a close the Civil Rights action filed by Tom Neltner on behalf of several neighborhood groups and organizations, and on October 11 Neltner submitted a letter withdrawing the complaint.
Following is a history of this case:
On October 19, 1999, Improving Kids’ Environment and the Hoosier Environmental Council filed an administrative complaint with U.S. EPA’s Office of Civil Rights on behalf of minority residents of the Fall Creek and White River neighborhoods in Marion County, Indiana. The Concerned Clergy, Sierra Club’s Hoosier Chapter, and the Mapleton–Fall Creek Neighborhood Association quickly joined as co-complainants.
The complaint alleged that the City of Indianapolis and its mayor – Mayor Steven Goldsmith – violated the resident’s civil rights because its sewer system had a disproportionate impact on minority residents of those neighborhoods. The complaint called upon EPA to fulfill its responsibilities under Title VI of the Civil Rights Act and under EPA’s Title VI regulations at 40 C.F.R. Part 7 by investigating the allegations and, if found them to be valid, force the City to eliminate the disproportionate impact or lose its funding from the EPA.
On October 12, 2001, EPA accepted three allegations for investigation and notified the City of Indianapolis and the complainants of its decision. The allegations were restated by EPA as follows.
1. That the City’s June 9, 1999, application, as amended, to the Indiana Department of Environmental Management, for a variance from the water quality standard-based effluent limitations for e-coli makes clear that the City does not intend to remedy the disproportionate impacts that result from operation of its sewer system. This variance application was directed to effluent limitations for combined sewer overflows to be included in the City’s renewed NPDES permit.
2. That, in July and August of 1999, the City diverted capital improvement funds away from addressing the disproportionate impacts on the Falls Creek neighborhood, when it invested a substantial sum in a project to reduce floods and combined sewer overflows on Pogues Run, that has a substantially smaller minority population that the Falls Creek neighborhood.
3. That on August 18, 1999, the City issued capacity certification #99-123 for the Belmont Treatment Plant, which, the Complainant claims, will result in increases of sewage flowing in the Fall Creek sewer system, thereby “exacerbating the disproportionate impact on the African American residents of [the] Fall Creek neighborhood.” The Complainant also alleges that the City’s issuance of a certification without requiring storage of sewage or offsets for new flow “constitutes a discriminatory act that makes disproportionate impacts of the sewer overflows worse.
On December 3, 2001, EPA agreed to suspend its investigation pending structured discussions between EPA, the City of Indianapolis, and the complainants.
The parties had productive discussions thanks to the leadership of the parties and EPA's oversight. On September 11, 2006, the City submitted its Long Term Control Plan to USEPA and on October 4, 2006, the parties entered into a Consent Decree resolving the lawsuit.
The following are copies of the key documents stemming from the complaint for your reference.
October 15, 1999 Indianapolis Star Article on filing of complaint.
October 16, 1999 Indianapolis Star Article on Mayor's response to complaint.
October 29, 1999 Inside EPA Article on EPA's response to complaint.
November 9, 1999 EPA's Notification of Receipt of Complaint.
November 14, 1999 Concerned Clergy Sign-On.
December 2, 1999 Inside EPA Article on Congressman Bliley's letter to EPA.
December 3, 1999 City of Indianapolis Letter to EPA regarding the complaint.
December 22, 1999 Letter from EPA to Congressman Bliley.
January 7, 2000 Letter from EPA to Congressman Bliley.
February 27, 2000 Letter from IKE to EPA about EPA's delays.
February 28, 2000 Letter from Congresswoman Julia Carson to EPA about EPA's delays.
March 17, 2000 Letter from EPA to Congresswoman Carson.
March 24, 2000 Letter from EPA to IKE responding to Freedom of Information Act request.
February 16, 2001 IKE Complaint to EPA about EPA's delays violating civil rights.
March 15, 2001 Letter from EPA to IKE denial of complaint against EPA.
May 20, 2001 Letter from IKE to EPA clarifying its October 19, 1999 civil rights complaint against the City of Indianapolis including referenced City of Indianapolis Sewer Capacity Certifications.
October 12, 2001 EPA Partial Acceptance of Civil Rights Complaint.
October 31, 2001 Indianapolis Star article on EPA's acceptance of complaint.
November 9, 2001 Letter from City of Indianapolis to EPA regarding EPA's decision.
December 3, 2001 Letter from EPA to IKE agreeing to suspend its investigation of complaint.
December 19, 2001 Letter from EPA to Concerned Clergy regarding complaint.
September 11, 2006 City of Indianapolis Raw Sewage Overflow Long-Term Control Plan. Click here to read the Plan.