Commissioner of Corrections Ina Hunter has been subpoenaed to appear before the St Catherine Parish Court to answer a charge of violating the Public Health Act.
The matter is scheduled to be heard on September 19.
The court hearing was sought by the St Catherine Health Department after the St Catherine Adult Correctional Centre failed to address the long standing problem of sewage flowing from the institution onto Barrett Lane.
Acting Chief Public Health Inspector for the St Catherine, Grayson Hutchinson, told Thursday's monthly meeting of the St Catherine Municipal Corporation that a 30-day notice served on the institution expired without corrective action.
Chairman of the Public Health Committee, Sydney Rose, said he was pleased with the decision of the public health department.
Rose noted that the problem has been recurring for the past five years and there has been no action despite repeated requests for prison officials to address it.