Chattahoochee Riverkeeper Threatens to Sue Atlanta Over Sewage Discharge

The environmental nonprofit Chattahoochee Riverkeeper has threatened to sue the city of Atlanta for dumping sewage into the river.

Chattahoochee Riverkeeper (CRK), 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 river or the groups will file a lawsuit in federal court for 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.

According to a CRK press release, the RM Clayton facility is Atlanta’s largest wastewater treatment plant, receiving millions of gallons of city wastewater each day and is permitted to discharge up to 100 million gallons of treated wastewater per day into the Chattahoochee River.

In March 2024, CRK detected dangerously high levels of E. coli bacteria in the Chattahoochee River and traced the source to the RM Clayton plant spillway into the river.

Daily testing by CRK 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 is in a state of disrepair, with problems at every stage of wastewater treatment and numerous safety hazards.

According to the press release, from March to June, CRK lobbied city officials to address operational failures and expedite repairs at the plant. Continuous monitoring by CRK at the plant’s outlet 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 recur in the future and the city must take proactive steps to ensure its facilities are maintained and operated efficiently.”

In 1995, CRK sued the city for continued pollution of the river and eventually won the case. The city was forced to repair its crumbling sewer system to the tune of $2 billion, something Mayor Shirley Franklin made a hallmark of her administration.