Hattiesburg reaches settlement with Gulf Restoration Network; fines waived

A consent judgment issued to Hattiesburg in a lawsuit filed by Gulf Restoration Network will soon be terminated, leaving the city off the hook for a multi-million dollar wastewater treatment system and about $180,000 in fines and penalties.

During a special-called meeting of Hattiesburg City Council on Friday evening, council members convened to executive session before deciding to accept the terms of a settlement agreement between the city and GRN. Officials now expect to receive a modified permit for the city's wastewater lagoons that will terminate the judgment.

"Today's vote allows the city of Hattiesburg to move forward regarding this lawsuit, and we hope it brings this matter to a conclusion," Mayor Toby Barker said. 

More:Hattiesburg to challenge GRN consent judgment in court

City officials have been working toward the terms of the settlement for the last month or so. As part of the terms of the modified permit, the city will comply with a few stipulations regarding the city's south lagoon: meeting new wastewater discharge limits set by the Mississippi Department of Environmental Quality, performing composite sampling, and reporting nutrient monitoring in greater detail.

"All the terms of the modified permit are already being met by the city, so we don't anticipate additional burdens to the city," said Watkins & Eager attorney Keith Turner, who is representing Hattiesburg in the matter. "It's a win for the city."

Action between the city and GRN started in 2012, when the New Orleans-based environmental advocacy organization filed a lawsuit requiring Hattiesburg to comply with permits regarding wastewater discharge limits.

Two years later, the city agreed to a consent judgment that required the city to build a mechanical wastewater treatment plant, which was estimated at anywhere from $130 million to $150 million. 

Last year, city officials recognized the south lagoon was performing within permit limits, and began to pursue options to continue to use the lagoon as the city's sole wastewater system. At that point, the city decided to ask a federal judge to amend the consent judgment, saying it was forcing them to build an unnecessary system.

The city had previously accrued a $1,500-per-day fine for failing to submit plans in a timely manner for a new wastewater system, but the new settlement will waive $180,000 of those fines as well as exempt the city from the construction of the mechanical system.

"The best news for the taxpayers is that we are no longer responsible for a $150 million wastewater system, and the accrued penalties ... will go away once this agreement is approved in court and approved by the Department of Justice," Barker said. "We want to thank the taxpayers who waited on this, who voiced their concern over this whole matter.

"We want to thank the leadership that we've had from the members of both our former council and our current council, and we want to thank our attorneys at Watkins & Eager."

More:Improvement continues at Hattiesburg lagoon

Council President Carter Carroll said recent improvements at the lagoon, including changes in management, engineering and maintenance methods, have greatly contributed to the system's current satisfactory status.

"They've all been working together as a team, and once that started happening, you could just see improvements almost weekly at those lagoons," he said. "So it's a good day for me. It's been a long time coming."