Town of Griffith, Indiana Clean Water Act Settlement Information Sheet

(Washington, DC – April 8, 2022) - The Sanitary District of Highland, Indiana, and the Town of Griffith, Indiana, have agreed to construction projects and capital investments that will eliminate discharges of untreated sewage from their sewer systems into nearby water bodies, including the Little Calumet River.

• Overview
• Violations
• Injunctive Relief
• Pollutant Impacts
• Health Effects and Environmental Benefits
• Civil Penalty
• Comment Period
• Contact

Overview of Company

Highland and the adjacent community of Griffith, Indiana, do not own/operate a Wastewater Treatment Plant, instead both communities send their untreated wastewater to the Hammond Sanitary District’s WWTP for treatment. Highland has a population of approximately 23,900 persons and Griffith has a population of approximately 16,400.  Both Highland and Griffith are part of the metropolitan area of the City of Chicago.

Violations

On December 9, 2002, the U.S. District Court for the Northern District of Indiana entered the Consent Decrees settling actions under the Clean Water Act (CWA) with Defendant Sanitary District of Highland (“Highland”) and the Town of Griffith (collectively “Defendants”).  The CDs had been lodged in April of 2022. The Indiana Department of Environmental Management (IDEM) was a co-plaintiff.

The violations at issue were from numerous sanitary sewer overflows (SSOs) from Highland's sanitary sewer collection system into waters of the United States, including the Little Calumet River.  Defendants do not have National Pollutant Discharge Elimination System (NPDES) permits regulating discharges from their sanitary sewer systems.  Instead, Defendants collect wastewater in their sanitary sewer collection systems and convey this wastewater to the separate Hammond Sanitary District (HSD) for treatment. 

During significant wet weather events, untreated wastewater discharges flow, as SSOs, from unauthorized discharge points in the Defendants systems into the Little Calumet River or its tributaries.  Since 2012, Highland has discharged in this way over 175 separate times (some over several day periods). The Complaint alleged that each discharge violated Section 301(a) of the Clean Water Act (CWA), 33 U.S.C. § 1311(a).

Injunctive Relief

Under the CD, Highland will increase its peak pumping flow capacity, by a factor of more than 4, in order to pump excessive wet weather sanitary wastewater flows to HSD and thus prevent SSOs from Highland’s sewer collection system.  Highland will spend approximately $61.5 million to implement this solution, in addition to spending more than $21.7 million for additional costs related to HSD’s Long-Term Control Plan (LTCP).  Highland will implement its projects in three phases; all of the phases will be completed by February 1, 2033.

Pollutant Impacts

EPA estimates that implementation of the Highland CD will prevent approximately 10.98 million gallons of SSO discharge volume annually. The prevention of these SSOs will eliminate discharge of about 81,814 pounds of pollutants per year.

Health Effects and Environmental Benefits 

The CD resolves extensive water pollution in the form of raw sewage flowing into urban waterways in northwest Indiana. Highland and Griffith will be required to eliminate all SSOs flowing from their sanitary sewer infrastructure, including by increasing capacity to pump additional waste to Hammond for treatment.

Civil Penalty

In addition to these compliance costs, their CDs also require Highland to pay a civil penalty of $175,000, and Griffith $16,500, split evenly between the United States and the State of Indiana. The penalty amounts take into account each Town’s population and civil penalties assessed against comparable northern Indiana communities under CWA Consent Decrees.

Comment Period

The proposed settlement, lodged in April, 2022 in the U.S. District Court for the Northern District of Indiana, Hammond Division, is subject to a minimum 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.

Contact Information

Andre Daugavietis
Associate Regional Counsel
EPA, Region 5
[email protected]

Keith Middleton
Enforcement and Compliance Assurance Division
EPA, Region 5
[email protected]