The federal government has found that Alabama’s rampant sewage issues in poor and minority communities in the Black Belt are a civil rights violation, and federal officials are working with state authorities to implement a solution to issues that have plagued the area for decades.

An investigation begun in 2021 by the U.S. Justice Department’s civil rights office determined that the Alabama Department of Public Health’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 capacity to alleviate.

“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. Officials from the U.S. Department of Justice and Health and Human Services spoke at a news conference on Thursday in Lowndes County to discuss their findings and announce solutions.

The federal investigation also determined that ADPH engaged in a consistent pattern of inaction and/or neglect concerning the health risks associated with raw sewage, according to a news release from the Department of Justice. The investigation revealed that 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 actions to remedy these conditions.

“Our agreement puts Lowndes County on a path to long overdue reform as the state now takes steps necessary to provide access to basic sanitation services, end exposure to raw sewage and improve health outcomes for marginalized communities,” Clarke said.

Without access to central sewer lines or working septic systems, many residents of the Black Belt have resorted to “straight-piping” sewage waste directly to the ground, meaning the waste flows directly into some yards, potentially exposing children to health risks right outside their homes. This practice creates unsafe conditions, but many low income residents cannot afford a better solution.

Sewage treatment issues in this part of Alabama have long been blamed on a combination of factors, including low population density, high poverty rates and a type of chalky clay soil that makes most typical septic tank systems ineffective.

“This agreement marks the first environmental justice settlement ever secured by the Justice Department under our civil rights laws. Our work in Lowndes County should send a strong message regarding our firm commitment to advancing environmental justice, promoting accountability and confronting the array of barriers that deny Black communities and communities of color access to clean air, clean water and equitable infrastructure across our nation.”

Under an agreement with the federal government, 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: In carrying out each aspect of the interim resolution agreement, 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 in creating and implementing the final Public Health and Infrastructure Improvement Plan.

Lowndes County — a rural area between Selma and Montgomery in central Alabama — has a storied history in the Civil Rights movement. Much of the route from Selma to Montgomery in 1965 went through Lowndes County, and a precursor to the Black Panther Party was formed there as the Lowndes County Freedom Organization.

In recent years, the rural county has been ground zero for Alabama’s sewage treatment crisis, attracting high profile visits from prominent figures including Al Gore, EPA Administrator Michael Regan and Agriculture Secretary Tom Vilsack.

Vilsack said during his visit last year that President Joe Biden had specifically called on federal authorities to fix the sewage crisis in Alabama.

Lowndes County native Catherine Coleman Flowers was the recipient of a MacArthur “genius grant” fellowship and wrote a 2020 book “Waste: One Woman’s Fight Against America’s Dirty Secret,” detailing the struggles of rural communities in the area.

There had been numerous attempts by the state to address the crisis, including a consortium of university professors, and millions in funding dedicated toward solving the issue from the recent Bipartisan Infrastructure Law and the Inflation Reduction Act.