Jefferson County and Cahaba River Society call for an end to the sewer consent decree

The Jefferson County Commission has reached an agreement with the Cahaba River Society to end a 1996 consent decree requiring the county to fix its sewer system.

According to a news release, the groups filed a joint request to terminate the 28-year-old consent decree, which also included the Environmental Protection Agency. 

As part of the agreement, the county committed to completing several extra capital improvement projects by early 2027. These projects are planned to further reduce sewer overflows. 

The settlement confirms that Jefferson County has met the goals for improving the system’s infrastructure, operations and maintenance under the decree, achieving industry best practices to minimize sewer overflows. 

The Federal District Court must approve the request before it is final.

Why was there a consent decree?

Back in the mid-1990s, the Cahaba River Society and private citizens sued Jefferson County for permit violations. At the time, the violations centered around unpermitted discharges of wastewater containing raw sewage into the Cahaba + Black Warrior Rivers as well as their tributaries.

The groups entered into the decree with the County and the EPA to bring it into compliance.

The county manages more than 3,100 miles of sewer lines and treats more than 100 million gallons of wastewater per day, serving 600,000 people, including parts of Shelby and St. Clair counties.

Thanks to the decree, five of the county’s facilities and all the sewer lines leading to them have reached compliance and are no longer subject to the consent decree.

Was the sewer decree worth it?

Did the sewer consent decree result in cleaner water for residents? 

The groups that took part in the decree wholeheartedly believe it has made a huge difference.

“Jefferson County’s sewer system is now light years ahead of where it was in the 1990s.

Everyone in the county is benefiting from cleaner water quality in our creeks, rivers and neighborhoods because of Jefferson County’s hard work and creative approaches.”

Beth Stewart, the former Executive Director of the Cahaba River Society who worked with the county throughout the consent decree

Southern Environmental Law Center’s Alabama Office Director Barry Brock credits the water protection groups for diligently making sure the decree was enforced.

“The vast improvements to the County’s sewer system that this resolution represents would not have happened without twenty-eight years of devotion and hard work put in by the Cahaba River Society, supported by Black Warrior Riverkeeper and Cahaba Riverkeeper.” 

Barry Brock, Director of the Alabama Office of the Southern Environmental Law Center

After nearly three decades, Jefferson County not only complies with the Clean Water Act—it goes beyond it.

“Exiting the Consent Decree is the culmination of significant effort by many County employees to improve our infrastructure and not only meet, but exceed, our compliance obligations under the Clean Water Act.

We have made remarkable progress in reducing overflows and improving water discharge quality throughout the region.

David Denard, Jefferson County Director of Environmental Services

Legacy of the Consent Decree

In addition to infrastructure upgrades, monitoring and cleaner water, the decree set aside $30 million dollars for the acquisition and protection of open space lands along creeks and rivers in the County. This was done instead of the county paying fines and penalties. The Freshwater Land Trust was also established as a result of the decree.

Today, 129 miles of trails in Jefferson County have been built and over 12,000 acres of land in Jefferson and surrounding Central Alabama counties has been conserved.