Federal Government Announces Agreement with ADPH on Lowndes County Sewage Issues
The federal government has announced an interim resolution agreement involving the Alabama Department of Public Health’s handling of sewage issues in Lowndes County.
The U.S. Justice Department and the U.S. Department of Health and Human Services has been conducting an environmental justice investigation into ADPH. Federal officials say ADPH cooperated and will be put on a path toward the development of equitable and safe wastewater disposal and management systems.
In November 2021, the federal government started an investigation into whether ADPH’s conduct violates the Civil Rights Act and the Affordable Care Act, which prohibit recipients of federal funds from discriminating on the basis of race, color or national origin in their federally funded programs and activities.
Federal officials say the investigation revealed that ADPH’s enforcement of sanitation laws threatened residents of Lowndes County with criminal penalties and even potential property loss for sanitation conditions they did not have the ability to fix.
Federal officials also say ADPH engaged in a consistent pattern of inaction and/or neglect concerning the health risks associated with raw sewage. They say despite ADPH’s awareness of the issues and the disproportionate burden and impact placed on Black residents in Lowndes County, it failed to take meaningful action.
“Today starts a new chapter for Black residents of Lowndes County, Alabama who have endured health dangers, indignities and racial injustice for far too long,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
“We are pleased that Alabama’s Public Health Department has committed to take immediate and long-term steps to protect the health of Lowndes County residents. This community has long been at the heart of the civil rights struggle, and today’s resolution is yet another testament to the ongoing work that is the pursuit of racial justice,” Department of Health and Human Services Office for Civil Rights Director Melanie Fontes Rainer said.
Under the agreement, ADPH has agreed to take a number of actions to address public health in Lowndes County including:
- Suspending Criminal Penalties and Liens: ADPH will suspend enforcement of sanitation laws that could result in criminal charges, fines, jail time and potential property loss for residents in Lowndes County who lack the means to purchase functioning septic systems. ADPH will ensure that Lowndes County residents are informed about the suspension of the criminal penalties and liens.
- Examining Public Health Risks within Lowndes County: ADPH will coordinate with the Centers for Disease Control and Prevention (CDC) to measure the level of health risks different populations experience from raw sewage exposure. ADPH agrees to work collaboratively with the CDC and adopt any public health recommendations provided by the CDC.
- Launching a Public Health Awareness Campaign: ADPH will develop a public health awareness campaign using radio, print ads, flyers, mailers, door-to-door outreach and other appropriate ways to ensure residents receive critical health and safety information related to raw sewage exposure.
- Providing Public Health Educational Materials for Lowndes County Health Care Providers: ADPH will create or supplement education materials for health care providers for Lowndes County residents, including school-based health centers and community-based organizations, to provide more information on symptoms and illness related to raw sewage exposure.
- Conducting Assessment to Determine Appropriate Septic and Wastewater Management Systems: ADPH will conduct a comprehensive assessment to determine the appropriate septic and wastewater management systems for homes within Lowndes County and use that information to prioritize properties to receive systems based on risk of exposure to raw sewage. ADPH cannot use this information for criminal penalties or liens.
- Creating a Sustainable and Equitable Public Health and Infrastructure Improvement Plan: Within one year, ADPH will create a plan to improve access to adequate sanitation systems and address public health risks associated with raw sewage exposure.
- Consistently Engaging with the Community: ADPH will consistently engage with community residents, local government officials, experts in wastewater, infrastructure, soil and engineering and environmental justice advocates. ADPH must also engage with community stakeholders on at least a quarterly basis regarding its progress.
If ADPH does not comply with the agreement, the federal government will reopen its investigation.
People who believe their civil rights have been violated can file a complaint with the Civil Rights Division at: www.civilrights.justice.gov/report/
Additional information about the Office for Civil Rights is available on its website at:
www.hhs.gov/ocr
If you believe that you have been discriminated against in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint for yourself or someone else at:
www.hhs.gov/civil-rights/filing-a-complaint/index.html
