Groups appeal dismissal of lawsuit against MMSD

District improvements planned by 2010

By Janice Kayser
Staff Writer

Posted: Jan. 16, 2008

Two environmental groups have appealed the recent dismissal of their Clean Water Act lawsuit against the Milwaukee Metropolitan Sewerage District, which was filed against MMSD.

The Friends of Milwaukee's Rivers and Alliance for the Great Lakes claim they intend to force MMSD to discontinue illegal sanitary sewer overflows into Milwaukee's rivers and Lake Michigan. The groups, in a suit initiated in 2001, claim that since 1995, MMSD has illegally dumped nearly 1 billion gallons of sanitary sewage into Lake Michigan and its tributaries, which include the Menomonee River and Underwood Creek running through Wauwatosa, violating its operating permit and the Clean Water Act.

Act tries to clean up waters

The Clean Water Act first passed in 1972 and was amended in 1977. Its goals were to eliminate toxic substance releases to water and additional water pollution by 1985, ensuring that surface waters would meet standards necessary for human sports and recreation.

The act gave the Environmental Protection Agency the authority to implement pollution control programs. It also laid out requirements to set water quality standards for all contaminants in surface waters and made it unlawful for any person to discharge any pollutant into navigable waters, unless a permit was obtained under its provisions.

In 2004, MMSD and member communities dumped more than 1.6 billion gallons of untreated or partially treated sewage into Milwaukee's riverways, including the Menomonee River. MMSD, under the district's operating permit, is allowed dumping into streams and Lake Michigan up to six times per year, as long as it does not harm the water quality.

DNR asks state to prosecute

The DNR at that time asked the state to prosecute MMSD and its member communities for violating the act. The state held off on including the member communities, including Wauwatosa, after former Attorney General Peg Lautenschlager said discussions with those communities were "productive" on ways to prevent the dumping. That lawsuit against MMSD has still not been resolved, according to Bill Graffin, spokesman for MMSD.

The FMR appeal to the 7th U.S. Circuit Court of Appeals is being represented by attorney Karen Shapiro of Midwest Environmental Advocates, a nonprofit environmental law center. Shapiro and supporters of the suit say that MMSD has continued to dump millions of gallons of sewage through "sanitary sewer overflows," into the area rivers since 2002.

Shapiro claims the court dismissed the groups' suit based on procedural grounds, but "without addressing the groups' legal claims that there have been serious violations of the Clean Water Act."

But MMSD counters the suit was dismissed because a 2002 stipulation between the state and MMSD brought MMSD into compliance with the Clean Water Act, a ruling made by Milwaukee County Circuit Court Judge C.N. Clevert.

"This is more of a substantive ruling, not procedural," MMSD spokesman Bill Graffin said this week. "MMSD has complied with the extensive requirements of the 2002 Stipulation with its $1 billion investment by constructing capital projects on schedule, completing the 2020 facilities plan on schedule, and all of the other actions required."

MMSD Executive Director Kevin Shafer issued a press statement on the appeal, which was filed Jan. 11, saying the two environmental groups are forcing the district to "spend more tax money defending a lawsuit that's been dismissed two times by a federal judge."

"We're moving forward and focusing our attention on the $1 billion currently being invested to improve the regional system," Shafer said. "Right after that work's done in 2010, there's another very expensive plan, just approved by the Wisconsin Department of Natural Resources, to further improve our system through 2020."

"As a leader and taxpayer of this District, I'm disappointed that the hard working people of this region have to pay for yet another legal threat from the same groups, whose only request to date has been for legal fees," Shafer said.

Janice Kayser can be reached at jkayser@cninow.com or (262) 446-6608.

How much do educators earn?

How much is your child's teacher earning? What about local administrators? Get the answers by searching our list of public school employee salaries.

Show off your beautiful baby
and win a mall shopping spree

Send us a photo of a cute baby and you could win one of three shopping sprees in the MyCommunityNOW.com/Milwaukee Moms Beautiful Baby Photo Contest.
Click here for rules and to enter.

Photo Gallery: See the beautiful babies!
Video: Contest featured on 'The Morning Blend'

Sign up for our newsletter
and a chance to win gift card

Our weekly Suburban News Roundup email newsletter keeps you in touch with the biggest stories in the burbs. Sign up today and you could win a $100 gift card.
Click here for rules and to enter

SKY'S THE LIMIT

Veteran sports writer Skibosh
goes behind local prep scene

NOW sports writer Tom "Sky" Skibosh provides his unique perspective on the Wauwatosa and Elmbrook prep sports scene - as well as his occasional insights about the professional and college sports landscape - in his new blog.

Latest post: Tosa East faces two different rivals this week  1/15

Tubing in Tosa

We hunted around YouTube and found videos produced by your friends and neighbors. Check out a sample of your videos right here on our site. (Updated: Dec. 17)

Tosa Prep Sportlight

The sports season is in full swing at Wauwatosa East and West high schools and, if you're a prep sports fan, we've got you covered. Basketball, track, soccer and more … this is your place for expanded coverage of the Tosa prep sports scene.

Photo Gallery: Wauwatosa prep sports

Stories: NOW staff's prep coverage

Video: Prep Roundtable and more

Basketball Poll: Who's the best in the burbs?

East Basketball Schedule: Boys | Girls

West Basketball Schedule: Boys | Girls

The Tosa Town Square

Join the discussion today!

Want to weigh in on hot issues around Tosa? Or are you just looking for a good babysitter? Visit the Town Square now and talk about issues - big and small - that you care about.

ENTER TOWN SQUARE | Town Square Guidelines/FAQs

COMMUNITY ROLL CALL

Wauwatosa police go online

You'll find crime prevention tips, news alerts and more in "Community Roll Call," a new blog from the Community Support Division of the Wauwatosa Police Department. The blog also features news and notes about what's new in the department.

Latest post: McGruff Houses Needed (1/15/2008 1:29:08 PM)

CHECK IT OUT

Wauwatosa Library's blog

WauwatosaNOW.com and the Wauwatosa Public Library are teaming up on a blog to keep residents up to date on new materials, programs and events at the library.

Latest post: Happy New Year ! (1/2/2008 5:08:00 PM)

Wauwatosa honor rolls

WauwatosaNOW.com joins parents and teachers in saluting the outstanding students who are listed on the honor rolls of our local schools. Go to honor rolls

ADOPTABLE ANIMALS

Humane Society blog
features pets who need a home

There are hundreds of dogs and cats who are looking for a new home. The Wisconsin Humane Society profiles those animals in its new blog.
Latest post: Little ones need homes, too  1/16

THE PARK PEOPLE

Citizens group is now online

Stay on top of what's happening in the Milwaukee County parks system with the blog from The Park People, a member-driven organization dedicated to citizen stewardship of our county parks.

Latest post: How The Milwaukee County Parks Department Ranks Nationally In Its Offerings  1/10

FAMILY WATCHDOG

Locate sex offenders
in your neighborhood

WauwatosaNOW.com is teaming up with Family Watchdog, a national organization, to provide residents with an interactive map that shows where registered sex offenders are living and working in Wauwatosa.

Go to Family Watchdog offender map

Video: Family Watchdog featured on 'Morning Blend'

Around the Town

Our picks from
the Community Calendar

Check out design plans for Zoo Interchange
Date: Friday, Jan. 17
A Zoo Interchange public design workshop is planned from 4 to 8 p.m. at the Zoofari Conference Center, 9715 W. Blue Mound Road. For information, call (262) 521-5373 or visit sefreeways.org.

Teen troupe to stage 'Cinderella'
Date: Saturday, Jan. 19
Childrens Theatre Of Wauwatosa Teen Troupe will present "Cinderella" at 2 p.m. at Wauwatosa West High School, 11400 W. Center St. The cost is $4; call (414) 773-3000.

Complete Calendar

Advertisement

News & Features | Community Guide | Photos | Local Search | Classified | Shopping | Contact Us | RSS News Feeds (What's this?)

© Copyright 2006, WauwatosaNOW.com. All Rights Reserved. | Privacy Policy
Designed & Produced by Journal Interactive