Nonprofit environmental organization Chattahoochee Riverkeeper has threatened to file a lawsuit against the City of Atlanta over sewage discharge into the river.
Chattahoochee Riverkeeper (CRK), represented by the Southern Environmental Law Center, told the Atlanta Department of Watershed Management that it would have 60 days to stop discharging illegal levels of pollution from the R.M. Clayton Water Reclamation Center into the River or the groups will file a lawsuit in federal court for Clean Water Act violations.
A “60-Day Notice of Intent to Sue” is required under the Clean Water Act. If the city does not correct violations after 60 days, the groups will move forward with a federal lawsuit.
According to a press release from CRK, the R.M. Clayton facility is Atlanta’s largest wastewater treatment plant, which receives millions of gallons of the city’s wastewater every day and is permitted to release up to 100 million gallons of treated wastewater per day into the Chattahoochee River.
In March 2024, CRK detected dangerously elevated levels of E. coli bacteria in the Chattahoochee River and traced the source to the R.M. Clayton plant’s outfall into the river.
Daily testing conducted by CRK at the outfall found 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 Georgia Environmental Protection Division (EPD) that the plant was discharging large amounts of E. coli and other pollutants into the river, threatening public health, wildlife, and the river’s ecosystem.
After news spread of unsafe conditions in the river, the City of Atlanta initially attributed the plant’s failure to both heavy rainfall and multiple discharges of illicit substances into the plant. But an inspection conducted by Georgia EPD revealed that the facility is in a state of disrepair, with problems at all stages of wastewater treatment and numerous safety hazards.
From March to June, CRK pressured city leadership to address operational failures and expedite repairs at the plant, according to the press release. Ongoing monitoring by CRK at the plant’s outfall has revealed sporadic spikes in E. coli levels as recently as June 6. Exposure to E. coli bacteria can cause serious illness, especially in young children, the elderly, and the immunocompromised.
“We have serious concerns about the high levels of organic material and nutrients entering the river from the plant’s discharge, which violate the plant’s permit,” said Jason Ulseth, CRK’s Riverkeeper and executive director. The contaminants, including ammonia and phosphorus, contribute to low oxygen levels in the river which are detrimental to aquatic life.
“The city’s proposed corrective action plan is inadequate to ensure the plant complies with the Clean Water Act,” saif Ulseth. “Disruptive events like heavy rainfall will recur in the future, and the city should take proactive measures to ensure that its facilities are effectively maintained and operated.”
CRK famously filed a lawsuit against the city in 1995 over ongoing pollution of the river and eventually won the case. The city was required to make a $2 billion dollar fix to its crumbling sewer infrastructure, which Mayor Shirley Franklin made a hallmark of her administration.
