IDAHO — The Department of Environmental Quality has filed two lawsuits, one against the City of Burley and one against the City of Rexburg, accusing them of funneling millions of gallons of untreated wastewater into the Teton and Snake Rivers.
In February, the Idaho Conservation League (ICL) and the Snake River Waterkeeper (SRW), both non-profit organizations, filed an intent to sue Rexburg and Burley, alleging that both have failed to comply with pollution limits and the Clean Water Act. They accuse both cities of “failing to restore and maintain the chemical, physical, and biological integrity of the nation’s waters.”
ICL’s mission, according to its website, is “to create a conservation community and pragmatic, enduring solutions that restore and protect air, water, land, and wildlife in Idaho.” In a news release, Will Tiedemann, the Regulatory Conservation Associate at ICL, says every Idahoan deserves clean water and reliable infrastructure.
“Local leaders are responsible for maintaining adequate wastewater treatment plants and addressing any problems diligently,” says Tiedemann. “They have not done that here, putting the Snake and South Fork Teton rivers at risk.”
According to the SRW, its mission is “to protect and improve the Snake River and its surrounding communities and to ensure swimmable, fishable, and drinkable water for all.” Buck Ryan, the Executive Director of SRW, echoed this, saying that Idahoans deserve guaranteed access to clean and safe water.
“Having guaranteed access to clean and safe water is an essential part of life, and municipal wastewater treatment plants play a critical role in protecting our water resources,” says Ryan. “Citizens can and should hold local leaders to account when they repeatedly fail to protect our communities from harmful pollutants that degrade this precious natural resource.”
The letter of intent to sue gave the cities 60 days from February 12 to discuss possible alternatives to avoid a lawsuit.
Both lawsuits were filed on April 10.
EastIdahoNews.com reached out to the DEQ for a comment. Alex Bell, a Water Quality Manager for DEQ, responded that the department is “actively working with both cities to address the issues identified in the complaint.”
We also reached out to the City of Burley’s City Administrator, Brett Boyer, who stated, “We generally don’t comment on ongoing litigation; however, we would like the public to be aware that we have taken great efforts to meet our responsibilities concerning industrial wastewater and continue to do so.”
The City of Rexburg Public Works Director, Keith Davidson, sent the following statement to EastIdahoNews.com:
“The City of Rexburg is aware of the complaint filed by the DEQ and is actively working with the agency to address the issues identified. This filing is part of an established regulatory process that allows the City and the DEQ to work collaboratively through identified issues in a structured way and define a clear path forward,” says Davidson. “Our priority is maintaining reliable infrastructure and ensuring our wastewater systems meet applicable standards. We are committed to practical, cost-effective improvements, aligning solutions with current and future infrastructure improvements, and addressing any areas that require attention. The City will continue working closely with the DEQ as this process moves forward.”
Rexburg’s alleged violations
According to the lawsuit filed against Rexburg, DEQ has accused the city of discharging in excess of effluent limits and failing to operate in conformance with the permit.
Court documents say that the City of Rexburg Wastewater Treatment Plant is designed to discharge treated municipal wastewater to the South Fork Teton River.
During the treatment process, the treatment plant rids the water of pollutants such as E. coli, total suspended solids, phosphorus, chlorine, ammonia, and biochemicals.
“The City of Rexburg has repeatedly discharged pollutants from the WWTP into the water of the South Fork of the Teton River,” alleges the DEQ. “These violations are ongoing, continuous, and presumed likely to continue.”
Reports say the city allowed the treatment plant to exceed the limits for allowed pollutants on or about 13 occasions between Feb. 1, 2024, and Dec. 31, 2025.
What happened?
One of the examples of these violations reportedly occurred on March 17, 2024, when one of the treatment plant’s clarifiers shut down during a power outage.
DEQ alleges that the shutdown resulted in 30,000 gallons of untreated wastewater being bypassed and discharged into the South Fork of the Teton River.
The biggest alleged violation reportedly happened on Aug. 22, 2024, when a construction contractor working on the U.S. Highway 20 center interchange project at Exit 333 hit and damaged a main city sewer line.
RELATED | UPDATE: Rexburg crews continue to work on repairing damaged sewer line
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Rexburg residents were told at the time to limit their indoor water use.
According to the lawsuit, the damage to the water line resulted in “the release of 1,968,750 gallons of untreated wastewater into the construction site along with a stormwater retention pond with an unknown amount of untreated wastewater discharged into the South Fork of the Teton River.”
DEQ says Rexburg’s alleged violations entitle the department to up to $10,000 per violation.
They also asked the court to issue a permanent mandatory injunction against the city, requiring it to comply with the terms of its permit and the Clean Water Act, and to pay costs, expenses, and attorneys’ fees.
Burley’s alleged violations
According to the lawsuit filed against Burley, the DEQ has accused the city of violating numeric effluent limits, failing to properly operate and maintain the facility, unauthorized discharging, and failing to monitor required parameters.
The lawsuit states that the City of Burley owns and operates the Burley-Heyburn Industrial Park and the associated Industrial Wastewater Treatment Plant (Facility), which is intended to discharge treated wastewater into the Middle Snake River.
Like the City of Rexburg Wastewater Treatment Plant (WWTP), the Burley treatment plant is designed to remove pollutants such as biochemical oxygen demand (BOD), total suspended solids, pH, ammonia/nitrogen, and phosphorus.
“The facility discharges pollutants to the Snake River. The Snake River is a traditional navigable water and a Water of the United States (WOTUS),” says the lawsuit. “The middle Snake River is an impaired water under the Clean Water Act for total phosphorus.”
The lawsuit claims that the City of Burley has made “considerable progress in repairing and upgrading the facility” in recent years, but says that testing results still show the treatment plant had 51 effluent exceedances from March 2024 to March 2026.
What happened in Burley?
According to the DEQ, they are aware of three unauthorized discharges of untreated wastewater into the Snake River, including:
- July 28, 2024: Approximately 18,000 gallons.
- Sept. 1-10, 2024: Approximately 3.5 million gallons.
- March 4, 2025: Approximately 5,400 gallons.
The DEQ also claims that the Burley treatment plant did not repair a pipe that caused the discharge of untreated water on July 28, which eventually led to the even discharge from Sept. 1-10.
DEQ says Burley’s alleged violations also entitle the department up to $10,000 for each separate violation.
They also asked the court to issue a permanent mandatory injunction to the city, requiring them to comply with the terms of their permit and the laws of the Clean Water Act, and for costs, expenses, and attorney fees.
Further court hearings in both lawsuits have not yet been scheduled.
