A Virginia resident has filed a proposed class-action lawsuit against DC Water after millions of gallons of sewage spilled into the Potomac River earlier this year.
The lawsuit, filed by firm Hagens-Berman last Friday in federal court in Maryland, stems from the collapse of a section of the Potomac Interceptor sewer line on January nineteenth. It claims DC Water, “failed to implement adequate interim safeguards, emergency preparedness plans, or monitoring protocols to prevent or contain a catastrophic failure in the highest-risk unremediated sections of the system,” despite documented knowledge of system-wide corrosion.
The rupture sent what is estimated as more than 240 million gallons of untreated wastewater into the river, one of the largest sewage spills in recent U.S. history.
The lead plaintiff, Virginia boater Nicholas Lailas, is seeking damages on behalf of property owners, businesses and river users who say their ability to use or enjoy the Potomac was harmed by the spill. Lailas says his vessel has sustained damage as a result of the spill, including to water and air intake systems.
According to the complaint, DC Water knew for years that sections of the Potomac Interceptor were deteriorating. The lawsuit alleges the utility failed to take adequate precautions or emergency planning measures, allowing the pipe to collapse and release raw sewage into the river.
The Potomac Interceptor is a major regional sewer system that carries roughly 60 million gallons of wastewater each day from parts of Maryland and Virginia to the Blue Plains treatment plant in Washington.
When the pipe failed near the Clara Barton Parkway in Montgomery County, crews worked for days to contain the spill and install emergency bypass pumps while environmental agencies issued warnings about bacteria levels in the river. DC Water says that there has not been sewage overflow into the Potomac for more than a month. The utility says they will soon be ready to restore flow to the interceptor.
The lawsuit seeks financial compensation for affected residents and businesses and asks the court to require stronger monitoring and maintenance of the interceptor system going forward.
In a press release issued Thursday, DC Water said that there had been four internal inspections of pipes over the past seven years. Those found exposed aggregate and surface reinforcement but did not indicate imminent structural failure. DC Water CEO John Gadis said there was no indication of an emergency. “This was an unprecedented event,” he said. “After evaluating our inspection reports and ratings we do not believe there was any reason to change the timing for our planned rehabilitation, which was to start this summer.
“The collapse of the Potomac Interceptor was a serious and unexpected event, and our teams remain focused on the response, environmental protection, and restoration efforts,” a representative for DC Water wrote. “Because this matter is currently subject to ongoing litigation, it would not be appropriate for us to comment further at this time.”
