Chattahoochee Riverkeeper threatens to sue city of Atlanta over clean water law violations – Valley Times-News

ATLANTA — Chattahoochee Riverkeeper, represented by the Southern Environmental Law Center, told the Atlanta Department of Watershed Management it will have 60 days to stop dumping illegal levels of pollution from the RM Clayton Water Reclamation Center into the Chattahoochee River or the groups will file a lawsuit in federal court alleging violations of the Clean Water Act.

A 60-day notice of intent to sue is required under the Clean Water Act. If the city does not correct the violations after 60 days, the groups will file a federal lawsuit.

The RM Clayton Plant is Atlanta’s largest wastewater treatment plant. The plant receives millions of gallons of wastewater from the city each day and is licensed to discharge up to 100 million gallons of treated wastewater per day into the Chattahoochee River.

In March 2024, Chattahoochee Riverkeeper (CRK) detected dangerously high levels of E. coli bacteria in the Chattahoochee River and traced the source to the RM Clayton mill’s discharge point into the river. CRK’s daily testing at the discharge point revealed that E. coli levels were on average 340 times higher than the amount recommended by the U.S. Environmental Protection Agency for safe water recreation.

CRK notified the City of Atlanta and the Georgia Environmental Protection Division (EPD) that the plant was releasing large amounts of E. coli and other pollutants into the river, threatening public health, wildlife and the river’s ecosystem.

After reports of dangerous conditions in the river surfaced, the city of Atlanta initially blamed the plant’s failure on heavy rains and multiple spills of illegal substances at the plant. But an inspection by the Georgia EPD found the facility in a state of disrepair, with problems at every stage of wastewater treatment and numerous safety hazards.

From March to June, CRK lobbied city officials to address operational failures and accelerate repairs at the plant. CRK’s ongoing monitoring of the plant’s output revealed sporadic spikes in E. coli levels as recently as June 6. Exposure to E. coli can cause serious illness, particularly in young children, the elderly, and people with compromised immune systems.

“We are very concerned about the high levels of organic matter and nutrients entering the river from the mill discharge, which is in violation of the mill’s permit,” said Jason Ulseth, Riverkeeper and CRK Executive Director. Contaminants, including ammonia and phosphorus, contribute to low oxygen levels in the river, which is detrimental to aquatic life.

“The city’s proposed corrective action plan is not sufficient to ensure that the plant is in compliance with the Safe Drinking Water Act,” Ulseth said. “Disruptive events such as heavy rains will occur in the future and the city must take proactive steps to ensure that its facilities are maintained and operated efficiently.”

Given the plant’s serious and recurring discharge violations and the city’s lack of transparency, CRK and the Southern Environmental Law Center are prepared to file a lawsuit against the City of Atlanta. Pursuant to the Clean Water Act, CRK and SELC will seek an injunction to enjoin the City’s egregious and recurring wastewater permit violations, as well as civil penalties, attorneys’ fees, and costs.

The mission of Chattahoochee Riverkeeper is to educate, advocate for, and ensure the protection and management of the Chattahoochee River, including its lakes, tributaries, and watershed, to restore and maintain their ecological health for the people and wildlife that depend on the river system and in recognition of the important ecosystem functions it provides throughout the region and the planet. For more information, visit www.chattahoochee.org.