Atlanta Faces Federal Lawsuit for Pollution in Chattahoochee River

Atlanta Faces Federal Lawsuit Over Chattahoochee River Pollution

Atlanta is in the spotlight for all the wrong reasons this week. On September 6, Chattahoochee Riverkeeper (CRK), represented by the Southern Environmental Law Center (SELC), filed a federal lawsuit against the city. The reason? Ongoing pollution in the Chattahoochee River.

Back in July, CRK gave city officials a 60-day notice to stop discharging illegal levels of pollution from the R.M. Clayton Water Reclamation Center. The notice was mandated under the Clean Water Act, and now that the deadline has passed without significant action, CRK is taking matters to court.

What’s at Stake?

R.M. Clayton is Atlanta’s largest wastewater treatment facility, dealing with millions of gallons of wastewater daily. It has a permit to release up to 100 million gallons of treated wastewater into the Chattahoochee River each day. Yet, the facility has repeatedly been found to discharge harmful pollutants, including chemicals and dangerous levels of bacteria, well above what its permit allows.

In March 2024, CRK detected alarmingly high levels of E. coli in the river, near the facility’s outfall. Their daily tests revealed E. coli levels averaging 340 times higher than what the U.S. Environmental Protection Agency recommends for safe water recreation. This grim discovery prompted CRK to notify both the City of Atlanta and the Georgia Environmental Protection Division (EPD) about the health risks to the public, local wildlife, and the river’s ecosystem.

City’s Initial Response and Ongoing Issues

When the news broke, the City of Atlanta blamed heavy rainfall and illicit discharges for the facility’s shortcomings. However, an inspection by the Georgia EPD painted a different picture, uncovering severe issues at every stage of the facility’s wastewater treatment process. Safety hazards and a general state of disrepair were noted, undermining the facility’s operation.

Further monitoring by CRK showed that the facility continues to have sporadic spikes in E. coli levels, which can be particularly dangerous for young children, the elderly, and those with weakened immune systems. Elevated quantities of organic material, phosphorus, and ammonia were also found, contributing to low dissolved oxygen levels in the river, which could stress and harm aquatic life.

Legal Action

The flaws in the facility’s operations have led to numerous permit violations. Between July 2023 and July 2024, the R.M. Clayton facility violated its permit limitations at least 79 times. This continuous failure prompted Jason Ulseth, CRK’s Riverkeeper and executive director, to stress the city’s negligence in a statement: “The City of Atlanta knows that the R.M. Clayton facility is failing and poses a serious threat to the health of the Chattahoochee River and all the people and wildlife who depend on it. Yet the city has allowed operational and maintenance failures at the facility to compound over time, failing to follow through on even the most basic equipment repairs.”

According to Hutton Brown, a senior attorney at SELC, the city’s inaction left CRK with no other option but to pursue legal action. “For months, the city has failed to alleviate very real public health and environmental concerns at the R.M. Clayton facility,” Brown noted in a statement. “Because Atlanta’s leadership did not step up and show they’re serious about fixing this problem, we had no choice but to step in and ask the court to hold them accountable.”

Under the Clean Water Act, CRK is seeking an injunction to stop the ongoing violations of the city’s wastewater permit. They are also demanding civil penalties, attorney’s fees, and other associated costs.

As the case progresses, the focus remains on improving the health and safety of the Chattahoochee River, ensuring it can be enjoyed by both people and wildlife for years to come.