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Chattahoochee Riverkeeper Considers Suing City of Atlanta Over Ongoing Sewage Spills – WABE

The Chattahoochee Riverkeeper (CRK) is considering suing the City of Atlanta under the federal Clean Water Act in response to ongoing wastewater discharges at the RM Clayton Water Reclamation Plant in northwest Atlanta.

Since March, CRK has reported elevated levels of E. coli and other contaminants downstream of the RM Clayton plant, which is Georgia’s largest wastewater treatment facility.

CRK advised recreationalists to exercise caution along a 60-mile stretch of the river from the plant’s discharge point in Atlanta to Franklin, Ga. The treatment center’s discharge point, where treated wastewater flows into the river, is about a mile downstream from Standing Peachtree Park near S. Atlanta Road.

“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 said in a July 2 news release.

The Southern Environmental Law Center is representing the local nonprofit. A 60-day notice of intent to sue is required under the Clean Water Act, and if the city doesn’t correct the violations after 60 days, the groups will file a federal lawsuit.

Chattahoochee Riverkeeper was formed in the 1990s in response to ongoing sewage pollution in the river, resulting in the 1998 consent decree that required Atlanta to clean up its combined sewage overflow system, an effort the City of Atlanta is still working to comply with today.


Mike Meyer pours a water sample from a collection bag into a container to be tested for E. coli and other bacteria. (Matthew Pearson/WABE)

Notification and investigation

CRK said the first problems were detected in March 2024.

The city of Atlanta initially attributed the plant’s failure to heavy rains and multiple spills of “illicit substances” at the plant, meaning a company, industrial facility or individual dumped a chemical into the system, disrupting waste treatment. Despite an investigation, the city was never able to identify the source of the chemicals.

However, the Georgia Environmental Protection Division (EPD) conducted an inspection of the plant on March 7, which revealed numerous maintenance issues throughout the plant. The agency said it was already aware of some ongoing issues with on-site equipment that the city was in the process of addressing, but inspectors noted several other parts of the treatment center that were not functioning.

However, on May 21, the Georgia Department of Law Enforcement issued an enforcement order against the city of Atlanta for continued pollution from the RM Clayton. The agency said the city must pay a $163,056.81 fine, in addition to measures to repair plant equipment and bring E. coli and other contaminants in the spillway down to legal levels.

Despite the enforcement order, CRK said in its press release that ongoing water quality sampling at the outfall has revealed continued sporadic spikes in E. coli levels as recently as June 6. The organization says the city’s plan to clean up the Clayton RM is insufficient to protect public health.

Health in the Hooch

According to the U.S. Environmental Protection Agency, high levels of E. coli pose a public health risk because E. coli, along with the other bacteria it indicates, can cause serious illness. For summer swimming, kayaking, and other recreational activities, many people may be exposed to contaminants if water quality is not at acceptable levels.

Contaminants not only pose a threat to humans, but also to wildlife.


A fisherman reels in a line near a treated wastewater spillway on the Chattahoochee River. (Matthew Pearson/WABE)

“We are very concerned about the high levels of organic matter and nutrients entering the river from the plant’s discharge, which is in violation of the plant’s permit,” Jason Ulseth, CRK’s executive director, said in the organization’s news release. He said contaminants, including ammonia and phosphorus, contribute to low oxygen levels in the river, which can harm and kill aquatic life.

Under the Clean Water Act, plaintiffs must file a 60-day notice of intent to sue before filing a lawsuit. The Chattahoochee Riverkeeper and the Southern Environmental Law Center said they are prepared to file the lawsuit and will seek an injunction to bar the city’s ongoing wastewater permit violations, as well as civil penalties and attorneys’ fees.

The city of Atlanta declined to comment.