Weeks after a federal judge rejected their concerns over Jackson water, several community groups are now seeking an audience with the EPA.
On August 9, the Mississippi Poor People’s Campaign and the People’s Advocacy Institute filed a petition with EPA seeking emergency action to address the “imminent and substantial endangerment present in Jackson’s drinking water system.”
The groups are joined in the petition by the Natural Resources Defense Council, Forward Justice, the Center for Constitutional Rights and the ACLU of Mississippi Foundation.
They are requesting EPA to abate existing conditions with the city’s drinking water and are asking for a meeting with agency officials to occur no later than September 8.
“Jacksonians have no confidence in the interim third-party water manager’s sweeping statements that Jackson’s tap water is safe for all,” the petition states. “Residents’ personal accounts of water quality decline are being ignored, and residents are not being assured that a water quality emergency could be detected and reported to them in real-time.”
Petitioners are seeking increased access to information on water quality and increased community involvement. They also are asking that the EPA immediately begin bottled water distribution “while there is an ongoing threat of microbial and lead contamination,” as well as the distribution of home water filters and home water testing kits.
The 57-page petition was submitted to EPA Administrator Michael Regan and Acting Regional Administrator Jeaneanne Gettle.
It was filed weeks after representatives from the Poor People’s Campaign, People’s Advocacy Institute, and other groups with ties to Mayor Chokwe Antar Lumumba appeared before U.S. District Court Judge Henry Wingate seeking more transparency from Interim Third-Party Manager Ted Henifin.
Wingate, who is Black, dismissed many of the complaints levied against the third-party administrator as racially motivated. Henifin is white.
Petitioners again claim a lack of transparency on the part of the ITPM, saying the EPA “must involve residents as partners and co-creators in developing solutions to the water crisis.”
“EPA has not engaged with Jacksonians as equal partners, in spite of multiple local calls for inclusion, and has underutilized the resources that Jackson residents could bring to addressing the water crisis,” the petition states.
Petitioners argue Henifin has delayed implementing a plan to provide water to residents during emergencies and has delayed implementing corrosion control measures at the city’s two water treatment plants to reduce the chances of lead entering the water through home plumbing systems.
The groups demand that the alternative water plan be drawn up for public review by September 8 and that corrosion control measures be in place “as soon as possible.”
The groups also say that with the large influx of federal money coming in to fix the city’s crumbling system, the “EPA must involve residents as partners and co-creators in developing solutions to the water crisis.”
“Jackson residents are the experts of their lived experience and have a right and responsibility to be fully engaged in the redevelopment of their drinking water system,” the petition states.
Henifin was put in charge of Jackson’s water system in November 2022, as part of an interim stipulated order handed down by Wingate. Terms of the agreement were approved by the city of Jackson, the EPA and the U.S. Department of Justice prior to Wingate signing off.
The order gives Henifin broad authority to stabilize the city’s water system. He is not bound by the state’s open record laws, nor is he required to follow city or state procurement laws in awarding contracts.
These community groups, as well as members of the Jackson City Council, have raised concerns about Henifin’s failure to award more contracts to minority-owned businesses.
“The fear is $600 to $800 million passing through the city and… not having any business impact whatsoever within our local business community,” Ward 6 Councilman Aaron Banks said at a June 30 council meeting. “After Jacobs, Stantec, all those leave, the engineers that are here, we might not be able to call on them, because they haven’t been working alongside or working as subs.”
The stipulated order also includes a list of priority projects designed to restore the city’s water system, including developing a comprehensive plan to winterize the water treatment plants, completing and implementing a corrosion control plan for the plants, and implementing an “alternative water source plan” to ensure residents have access to safe drinking water during emergencies.
According to Henifin’s June 30 status report, implementation of the corrosion control plan has been delayed due to “extensive lead times on equipment.” Even with those delays, corrosion control should be in place at the J.H. Fewell Water Treatment Plant early in the fourth quarter and the O.B. Curtis a few months after that.
Corrosion control is needed to address the alkalinity of the city’s water. The higher the alkalinity, the greater the chance that it will leach away at lead fittings used in home plumbing systems, contaminating the water before it comes into the tap.
Jackson’s water quality report for 2022 shows that between July 1 and December 31, seven of the 100 samples had lead levels exceedances, largely due to corrosion of household plumbing systems.
But lead isn’t the only problem. Petitioners claim the third-party manager has dismissed other claims over water quality.
“Jackson residents continue to observe discolored water and experience low pressure coming from their taps. Residents report that, through this summer, they have been unable to drink the water in their homes,” the petition states. “Many complain that they cannot cook, clean, or bathe with the water.”
Henifin has maintained the water meets all requirements of the Safe Drinking Water Act.
Petitioners are asking EPA for some of the same relief they sought in Wingate’s courtroom, including requiring the city or JXN Water to hire an “ombudsperson” to represent the community’s interest in regard to water infrastructure needs.
“The ombudsperson’s charge should include reporting community concerns and making recommendations to the ITPM, the city, and EPA. Appropriate representatives of JXN Water, the city, the state, and EPA should meet with the ombudsperson monthly and incorporate [their] input into any plans affecting the water system,” the petition states. “The ombudsperson should also be empowered to address issues related to customer billing, water shut-offs due to inadequate billing practices, and JXN Water’s hiring practices.”
Source: Wlbt