CRK threatens to sue city of Atlanta – Valley Times-News

ATLANTA – Chattahoochee Riverkeeper, represented by the Southern Environmental Law Center, has informed the Atlanta Department of Watershed Management that it will have 60 days to stop discharging illegal levels of pollutants from the RM of Clayton Water Reclamation Center into the Chattahoochee River or the groups will file a lawsuit in federal court for violating the Clean Water Act.

The Clean Water Act requires a 60-day notice of intent to sue. If the city fails to correct the violations after 60 days, the groups will file a federal lawsuit.

The RM Clayton plant is the largest wastewater treatment plant in Atlanta. The plant accepts 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, Chattahoochee Riverkeeper (CRK) detected dangerously elevated levels of E. coli bacteria in the Chattahoochee River and traced the source to the RM Clayton plant’s outlet into the river. Daily testing by CRK at the outlet showed E. coli levels were on average 340 times higher than the U.S. Environmental Protection Agency’s recommended level for safe water recreation.

CRK notified the City of Atlanta and the Georgia Environmental Protection Division (EPD) that the facility was discharging large amounts of E. coli and other contaminants into the river, endangering public health, wildlife and the river ecosystem.

After news of unsafe conditions in the river spread, the city of Atlanta initially attributed the plant failure to both heavy rainfall and repeated discharges of illegal substances into the plant. However, an inspection by Georgia EPD found the plant to be in poor condition, with problems in all stages of wastewater treatment and numerous safety hazards.

From March to June, CRK pressed city officials to address operational failures and speed repairs at the plant. CRK’s ongoing monitoring of the plant’s outflow revealed sporadic spikes in E. coli levels as recently as June 6. Exposure to E. coli can cause serious illness, especially in young children, the elderly, and those with weakened immune systems.

“We have serious concerns about high levels of organic matter and nutrients being released into the river from wastewater discharge, which violates the facility’s permit,” says Jason Ulseth, Riverkeeper and executive director of CRK. Contaminants, including ammonia and phosphorus, contribute to low oxygen levels in the river, which is harmful to aquatic life.

“The city’s proposed corrective action plan is insufficient to ensure the facility is in compliance with the Clean Water Act,” Ulseth says. “Disruptive events such as heavy rains will continue to occur in the future, and the city should take proactive measures to ensure its facilities are effectively maintained and operated.”

Based on the pattern of ongoing egregious discharge violations from the facility 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. Under the Clean Water Act, CRK and SELC will seek an injunction enjoining the ongoing egregious violations of the City’s wastewater permit, as well as civil penalties, attorney fees, and costs.

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