DOJ Holds DC Water Accountable Over 200-Million-Gallon Potomac Spill

The Justice Department, representing the EPA, has sued the District of Columbia Water and Sewer Authority and the District of Columbia over alleged Clean Water Act violations after the Potomac Interceptor collapsed and more than 200 million gallons of raw sewage entered the Potomac River.

The Justice Department filed a civil complaint this week claiming DC Water failed to operate and maintain its sewer system in compliance with the Clean Water Act and its permits. The suit asks for financial penalties, sewer assessments, rehabilitation projects, and pollutant mitigation work aimed at preventing future discharges. At the core is the collapse of the Potomac Interceptor, which carries wastewater from parts of Northern Virginia, D.C., and Maryland to the Potomac Pump Station.

The complaint demands DC Water at least develop an Enhanced Operations and Maintenance Plan for all its sewer lines, plus take on repair and mitigation tasks. The filing says the agency did not keep untreated sewage out of the Potomac River, its tributaries, and places where people could be exposed. Federal regulators are pushing for a binding commitment to upgrade and maintain infrastructure that has failed the public.

“DC Water’s failure to maintain the Potomac Interceptor resulted in raw sewage flowing into the Potomac River and the surrounding environment, posing a direct risk to public health,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “As cities grow and infrastructure ages, cities must invest in their wastewater system to prevent such catastrophes. This complaint seeks to secure DC Water’s commitment to properly maintain its foundational sewage infrastructure.”

The Potomac Interceptor normally conveys up to 60 million gallons of sewage per day toward the Potomac Pump Station in Washington, D.C. On Jan. 19 a portion of that pipe collapsed while passing through the C and O Canal National Historic Park near Lock 12 in Montgomery County, Maryland. In response, crews worked between Jan. 21 and 24 installing diversion pumps to route flow around the failed section so wastewater could re-enter the system downstream.

DC Water used a stretch of the C and O Canal to hold bypassed flow until the interceptor could accept it again, but that solution required multiple high-powered pumps. Those pumps periodically clogged and needed to be taken offline for cleaning, which disrupted containment. On Feb. 8 DC Water reported an estimated 500,000 gallons of sewage discharged to the Potomac River when several pumps were shut down after clogging with rags and wipes.

Federal teams stepped in to help with mitigation once a federal emergency was declared. When President Trump declared a FEMA emergency, the Army Corps of Engineers deployed to support cleanup and to build stormwater diversions near areas still covered in sewage debris. The Corps’ work focused on preventing stormwater from flushing contaminants further into waterways and neighborhoods.

EPA conducted an investigation into the collapse and the ensuing discharges, and ENRD’s Environmental Enforcement Section brought the suit on the agency’s behalf. The complaint seeks both remediation and accountability, including money for cleanup and structural fixes to reduce the chance of repeat failures. Officials argue the steps are necessary to protect public health and the river ecosystem.

The case centers on how aging infrastructure is managed and funded as urban areas grow, and it raises questions about maintenance priorities and emergency planning. The suit frames the collapse and the extensive discharge of raw sewage as preventable outcomes tied to inadequate operations and upkeep. Regulators want enforceable plans and investment commitments to ensure wastewater systems are reliable.

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