Frequently Asked Questions

1.  Who is MSD?

The Metropolitan Sewer District of Greater Cincinnati (MSD) is responsible for the collection and treatment of wastewater for over 800,000 customers in Hamilton County.  They are responsible for collecting and treating over 200 million gallons of wastewater each day, through a sewer system over 3,000 miles long running through 49 municipalities and townships in Hamilton County.  MSD employees work throughout the county providing services to the majority of the county’s residents and businesses.

2.  Who is responsible for MSD?

MSD is owned by Hamilton County, but managed and operated by the City of Cincinnati.  This agreement between the two forms of government was signed in 1968 in a 50-year contract.  MSD is the only sewage system in the nation under any such agreement.  The mixed responsibility has been a source of blame for the lack of political and legal action in addressing a variety of issues within the structure.

3.  What is the Clean Water Act?

Due to the progressive destruction of many of our oceans, rivers, lakes and streams, Congress passed the Clean Water Act in 1972.  The Clean Water Act established a general structure for protecting our waterways. In fact, Congress set a goal that all waters be fishable and swim-able by 1985.   The act regulates the amount of pollutants that can be discharged into the water of the U.S.  The act also set water quality standards and allowed the Environmental Protection Agency (EPA) the authority to implement pollution control programs in order to uphold those standards.  In an effort to limit industrial pollution the EPA set wastewater quality for industry as well. 

The Clean Water Act states that it is illegal to dump raw untreated sewage into any U.S. waterway.  Sanitary Sewage Overflows (SSOs) and Combined Sewage Overflows (CSOs) are in violation of this act.  MSD has been a culprit for decades; spewing raw sewage into our streets, homes, lakes and streams for decades.  

4.  What is a SSO?

A Sanitary Sewer Overflow (SSO) is an overflow of raw untreated sewage into our streets, homes, lakes, rivers and streams.  The main waterways affected are the Little Miami River, the Great Miami, and Mill Creek; all which in turn empty into the Ohio River. 

MSD currently admits to 85 SSO sites.  The worst offender SSO 700 spews enough sewage each year to fill Sunlight Pool at Coney Island twenty times.  Each occurrence is in violation of federal law and subject to a $27,500 fine however, minimal fines have been levied against MSD.  Sanitary Sewer Overflows ARE ILLEGAL!

5.  What is a CSO?

A Combined Sewer Overflow (CSO) is a combination of raw untreated sewage and rainwater released into the environment.  MSD’s sewer system includes 3,000 miles of sewer pipe, some of it more than 75 years old.  When there is a heavy rain the Combined Sewers become filled with more than the system can handle.  The combination of raw sewage and storm water is then released into streams and rivers, roadways, playgrounds, and even into people’s basements.  There are currently 212 CSO sites in Hamilton County.

6.  Are you serious?  SSOs & CSOs actually occur in people’s basements?

Yes, MSD receives thousands of calls each year complaining of sewage backups in their basements.  Some residents of Hamilton County have been experiencing raw sewage backups in their basements for over 25 years, with occurrences up to more than 6 times a year.  When the combination of rainwater and sewage becomes too much for the pipes to handle, the sewage is unable to move forward as intended and begins to back up.  It is then pushed through private lateral drains, which connect buildings to the systems main sewer line, flooding basements and lower level units.  SSOs can overflow as well if the pipes are too small to accommodate the number of homes in the area, or if there are cracks or breaks in the lines.  Further contributing factors are clogs due to fats, oil, grease, debris, and collapsed sewers.  Some residents have reported up to 8 feet of sewage floating in their basements, at times creating tens of thousands of dollars in damage.

7.  What are some of the repercussions or harmful side-effects of having a sewage backup in your home or business?

Aside from the unpleasant smell, repulsive appearance, and the physical damage caused to your property, there are serious health risks associated with exposure to raw sewage.  Exposure to the bacteria, viruses and parasites found in raw untreated sewage can cause many illnesses and diseases:  Cholera, dysentery, gastroenteritis, hepatitis, salmonella, hookworm, polio, E. coli, meningitis, paralysis and typhoid fever are a few examples. 

8.  What have these Sewage In Basement (SIB) victims been able to do in the past?

Nothing.  Victims could call MSD and file a complaint which was then filed away in a database.  Homeowners insurance only covers a small portion of the damage.  If the damaged or destroyed property exceeded the predetermined number or percentage there was no compensation.  Many residents with repeated SIB occurrences found it difficult to receive coverage, and in many circumstances were denied coverage altogether.  MSD told victims that the backup was an “act of God” and were therefore not responsible.

9.  How was this allowed to happen and what has been done to stop it from continuing to happen?

MSD’s lack of action has been largely blamed on the fact that it is owned by one entity and managed by another.  This has resulted in a lot of finger pointing, run-around, and ignorance of the hazardous problem altogether.  An obviously huge financial undertaking, MSD has instead invested their money to expand the sewer system into undeveloped areas of Hamilton County, as opposed to fixing the problem already in place.

However, in early 2002 a lawsuit was filed against Hamilton County by the United States and Ohio Environmental Protection Agency (US/OEPA), and the Department of Justice (USDOJ)), to stop illegal pollution by MSD as required by federal law.  To avoid going to trial and ducking another lawsuit threatened by Sierra Club, city and county officials settled by creating a plan on behalf of MSD.  After extensive negotiations between the various groups and several revisions by the judge himself, the Consent Decree was signed by Judge S. Arthur Spiegel on June 9, 2003. 

10.  What is the Consent Decree? 

The Consent Decree is a binding court document which requires MSD to begin work to eliminate the worst overflows in the County, formulate specific plans and timetables by 2006, and complete construction to fix overflows by 2022.  (If the cost exceeds 1.5 billion the time allotted may be extended).  MSD must also pay 1.2 million in penalties to federal and state agencies, as well as 5.3 million for local projects to improve the environment. 

11.  What is the Sewage-In-Basement (SIB) Program?  (Called Water-in-Basement by MSD, which obscures the issue)

As part of the Consent Decree the SIB Program legally requires MSD to take responsibility for sewage backups.  If you experience a sewage backup you must call the sewer district’s WIB customer call center (513) 352-4900 immediately after the backup occurs.  MSD is required to send someone out to investigate the problem within a timely fashion.  If the problem is not in the lateral lines, MSD is financially responsible to properly clean up the mess and reimburse you for any lost or damaged property as a result of the backup.  This includes relocating undamaged property, removal of property that cannot be salvaged, cleaning and relocating items that can be saved, extracting water from your basement, removing saturated drywall/paneling, wet carpeting or other damaged flooring, cleaning all appliances and cleaning and disinfecting of all walls and floors.  At times an electronic air cleaner will be brought in to disinfect the airborne bacteria as well. MSD is also responsible for losses in property value.

12.  What is the SIB Prevention Program? (Called WIB by MSD)

If you have experienced a backup since January 1, 2004 or experienced multiple backups since 1987, you are eligible to enroll in the sewer district’s WIB Prevention Program.  Provided the problem is in the main sewer line MSD is responsible to engineer and install a device to ensure the elimination of backups on your property.  This service is paid for by the county at no cost to you.  However, construction and implementation may take up to two years, in which certain terms and conditions must be met by the homeowner.  Currently, the resident must also sign an in-depth release agreement. 

Please consult the company’s website for information on how to enroll www.msdgc.org or contact Dennis Madden head of the department at (513) 557--7705.

13.  What are some of the problems with the Consent Decree?

The biggest problem with the Consent Decree is its lack of urgency.  Its vague timelines allow MSD too much leeway to delay action.  Their procrastination and ambiguity in the past are of little comfort:  If left without strict timelines, MSD’s timely compliance is in doubt. Furthermore, the limited deadlines that are immposed, only aim to eliminate 15 of the 90 active SSOs, and only 42 of the CSOs are scheduled for construction at a fixed date.  Sierra Club urges a “fix it first” policy, yet MSD continues to spend money building new sewers in urban sprawling areas.   They should also be required to disclose and publish every violation against the Clean Water Act and the Consent Decree, along with what, where, when, why and how.  The public should not be held ignorant about the health of themselves or their families.   Lengthy, complex release forms and putting requirements on homeowners to fix MSD’s SIB problems are not appropriate either.  

14.  What is being done to ensure that MSD honors the (limited) terms of the Consent Decree?

MSD has a long history of ignoring sewage-in-basement victims and their role in the destruction of the environment.  To help ensure this does not continue the judge appointed an ombudsman to act as the go-between/on-call contact for sewage-in-basement victims.  He is paid by MSD, but answers to the court by which he was appointed. 

Problems with overflows occur across the nation.  The EPA estimates, between 23,000 and 75,000 occur each year, spewing 3-10 billion gallons of raw untreated sewage into the environment.  Studies show that MSD’s overflow occurrences are 10-14 times higher than the average sewer utility, and 20 times higher than the best.  Sierra Club is making all necessary efforts to ensure that MSD does not ignore this problem as they have in the past.  Sierra Club is in continual contact with County residents, victims of sewage backups, Jessica Powell (the ombudsman), MSD, and the County Commissioners.  Sierra Club also holds a seat on MSD’s Long Term Control Plan Update Steering Meeting.  Sierra Club promises to remain active in fighting for the elimination of waste in our homes and environment, and ensuring citizen’s rights.  In 2006 MSD must present their strategy to execute the 2022 remedial-plan for CSO’s and Sierra Club will be there every step of the way.

Court Order by Judge Spiegel:  A Major Victory for Sierra Club

MSD's Process Improvement Study Optimization Report : A Failing Grade

Water Quality and MSD's Sewage-in-Basement Response Program

*For more information contact Chris Robertson, Sierra Club (513) 861-4001 ext. 17 or christine.robertson@sierraclub.org