Legal Cases
Intent to Sue Letters Bring Results
In 1995, UCR sent a notice of intent to sue to Scoville Manufacturing, a metal-plating company in Habersham County, which had exceeded its standards for cyanide and phosphorus for more than a year. Subsequently, the company implemented a process change that allowed it to meet the water quality standards in its permit and reduce the toxicity of its discharge.
In 1998, UCR sent a notice of intent to sue to the city of Palmetto in south Fulton County, outlining chronic violations at its sewage treatment plant which discharges into Bear Creek, a tributary to the Chattahoochee. Ultimately, EPD developed a consent decree with Palmetto which required plant upgrades that were completed in 1999.
In 2002, UCR received complaints from citizens in East Point (Fulton County) that the city’s sewer collection system had chronic sewage overflow problems which were harming neighborhood streams and private property. After investigating and documenting the problems, and then failing to gain the attention of city officials, we filed a 60-day notice of intent to sue under the federal Clean Water Act in November 2003. Working with the state EPD, we were finally able to secure the city’s attention in the spring of 2004 and they agreed to work with the state to develop a plan for the city to comply with clean water laws. In December 2004, the state finalized a consent decree with the city of East Point to deal with its chronic sewage violations. The decree requires a $100,000 fine, as well as numerous studies and audits that East Point must complete in order to determine the best means to clean up their leaking and dilapidated sewer system by 2014. The majority of the work (75%) must be completed by 2010. The city must also complete a stream restoration project as a supplemental environmental project in Brookdale Park.
Please also visit these other Wastewater cases:
City of Atlanta Sewers
Fieldale Farms Clean Up Toxic Discharges
Georgia Supreme Court Upholds Anti-Degradation Provision in Gwinnett Case
Private Sewage Plant on Lake Lanier Brought into Compliance
