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UCR patrols our watershed and identifies potential problems related to water quality. Here are updates on some investigations and enforcment actions we have pursued recently:
Forsyth County - UCR Receives Favorable Decision in Action to Protect Water Quality in National Park
Atlanta - High Bacteria Levels in Tanyard Creek
City of Atlanta Sewer Repair
City of Cumming - Lawsuit Settled
Cobb County - Partnership Yields Results
Harris County - UCR Lawsuit Results in Dam Removal and Stream Restoration
North Fulton County - iPhone App Helps Nail Buffer Violation
Forsyth County - UCR Receives Favorable Decision in Action to Protect Water Quality in National Park
In 2010, the Georgia Environmental Protection Division issued a permit that would allow Forsyth County’s Fowler/ Shakerag sewage treatment plants to discharge millions of gallons of treated wastewater into the Chattahoochee River every day with unnecessarily weak limits on phosphorous and fecal coliform bacteria. In September, UCR appealed the EPD permit, citing, among other things, the fact that the facility is capable of meeting higher limits for fecal coliform and phosphorous. The fecal coliform level authorized under the new permit is between 10 and 100 times higher than the level permitted in other wastewater permits and exceeds what is allowed even for golf course irrigation.
In December 2010, Administrative Law Judge Kristin Miller ruled favorably in UCR’s appeal on a key antidegradation issue. In her order, Judge Miller found that the permitted discharge would degrade the water quality of the Chattahoochee River and that EPD misinterpreted the language of the state antidegradation rule. The judge also found that EPD did not meet the requirements of the rule because EPD failed to perform the legally required analysis of the technical and economic feasibility of more stringent pollutant limits that will not degrade high quality of the Chattahoochee River.
The next step in this case will be an evidentiary hearing in mid-2011 where the judge will hear testimony on “whether the pollutant levels set forth in the Fowler/Shakerag permit represent a necessary degradation of water quality.” UCR will show that because it is feasible for the new Shakerag facility to produce a higher quality of discharge that will not degrade the river, it is not necessary to degrade the water in the CRNRA due to technical or economic constraints.
UCR is being represented in this action by Andy Thompson and Steve O’Day, attorneys with Smith, Gambrell, and Russell, LLP.
Atlanta - High Bacteria Levels in Tanyard Creek
As part of UCR’s new Neighborhood Water Watch program and in partnership with the Collier Hills Civic Association (CHCA), we are monitoring Tanyard Creek for E. coli, an indicator of possible sewage contamination. For the past several months, volunteers from CHCA have taken weekly samples from the stream and delivered them to our office for analysis. Test results have revealed periodic high levels of E. coli in Tanyard Creek, as it flows through a city park, as well as in the discharge from several storm drains and culverts that enter the creek upstream of the park. In response to this information, we developed a source tracking team in partnership with Kris Garcia in Atlanta’s Department of Watershed Management and are confident that we will be able to isolate and stop this contamination.
City of Atlanta Sewer Repair
The city of Atlanta is requesting an extension on its massive sewer system overhaul from the current deadline of 2014 to 2029. The improvements, which were agreed to following UCR’s 1995 lawsuit against the city for chronic sewage overflows, have already cost the city more than $2 billion and stopped more than 95% of the spill volume to date. A weak economy, drop in water usage during the recent drought, the highest water and sewer rates in the nation, and a high level of bond indebtedness have placed a “high burden” on city ratepayers—jeopardizing Atlanta’s ability to finance all of the capital improvements on schedule. UCR is working with the U.S. EPA, which will verify that the city is indeed in dire financial straits and that an extension of some duration may be warranted. A decision on the city’s request by the federal district court judge who oversees the implementation of the consent decrees is likely sometime in 2011.
City of Cumming - Lawsuit Settled
In early 2010, the City of Cumming and UCR reached a settlement to resolve a law suit brought by UCR for the city’s violations of the Clean Water Act and the Georgia Erosion and Sedimentation Act. While clearing land to make way for a new aquatic center, the City of Cumming violated multiple environmental regulations. The site located less than 400 yards from Lake Lanier, failed to properly plan for and install all of the necessary best management practices to protect Lake Lanier from muddy runoff coming from this site during rain events. The City also destroyed a tributary stream to the lake during the clearing process, in addition to other violations including clearing more land than what was permitted through the City’s notice of intent to the GA EPD. The settlement terms involve the restoration of streams that flow to Lake Lanier and are also supporting environmental initiatives that benefit the local community. By the end of 2010, the city had completed the majority of the required restoration of the tributary on site. In 2011, the city will move forward with additional restoration activities and completing the additional supporting environmental initiatives that resulted in a settlement.
Cobb County - Partnershipwith County Yields Results
For the past several years, UCR’s Technical Programs Director, Jason Ulseth, has been working Cobb County’s Community Development Director, Rob Hosack, to help property owners along an industrial stretch of the river comply with the Metropolitan River Protection Act (MRPA). MRPA requires property owners along this part of the river to leave a protected 50’ vegetated buffer along the top of the riverbank to help filter out pollutants from stormwater runoff and also to help keep the riverbank stable.
This particular stretch of river is located on Riverview Road in near Mableton and is heavily industrialized. Business operations include an auto salvage yard, pallet builders, trucking companies, a pipe boring operation and many others. Some of these businesses were in violation of MRPA by either operating their businesses within the river buffer or by storing materials along the riverbank.
Tons of Material Removed
Jason and Rob have been routinely visiting these various properties on a bi-weekly basis and have been working with the owners to help them comply with the law. Over the past few years, tons of materials have been removed from the riverbank including a diesel fuel tank, a sand silo, dozens of cars, an old Greyhound Bus, tractor trailers and container cars and other debris potentially harmful to the river.
Hosack says: “This project has been a success because of the unique partnership between Cobb County and UCR that involved a very personal and hands on approach by both parties. This approach not only yielded the desired results, but also allowed both parties to establish a trustful relationship with the affected property owners that will prove very useful in future efforts we may pursue. All property owners should be commended for their cooperation.”
Harris County - UCR Lawsuit Results in Dam Removal and Stream Restoration
In 2008, UCR discovered that developer Daniel Hodge, and his company, DD&M Investments, had dammed a stream and built a nine-acre amenity lake in a new residential development called Timberland without any of the required local, state or federal permits. Despite this gross violation of environmental laws, the Georgia Environmental Protection Division (EPD) attempted to issue an after-the-fact stream buffer variance for the project in Harris County, which impacts 1,700 linear feet of buffer and streams in the headwaters of Upatoi Creek.
After state and federal agencies refused to take appropriate enforcement actions, UCR sent a notice of intent to sue and subsequently filed a complaint in federal court. Over the next year, we engaged in settlement negotiations and ultimately succeeded in securing the removal of the dam and total stream restoration.
Additionally, the defendant agreed to contribute $15,000 to two water quality programs in the area spearheaded by the Middle Chattahoochee River Stewards and the West Point Lake Coalition, in addition to paying our attorney’s fees and litigation expenses.
Despite several delays, the defendant was able to substantially complete the dam removal and stream buffer and channel restoration last spring. UCR continues to conduct site visits to verify the quality of the restoration and is working with the defendant to ensure that remaining components of the restoration plan are successfully completed. We will continue to conduct site visits and receive monitoring reports over the next five years to document the success of the restoration.
North Fulton County - iPhone App Helps Nail Buffer Violation
UCR’s new iPhone App is helping with field investigations! UCR staffer Bonny Putney was paddling the Chattahoochee downstream of Holcomb Bridge last May when she noticed a possible illegal encroachment into the protected 50-foot vegetated river buffer. Using our new UCR iPhone App, she sent a photo and GPS coordinates to our technical programs director. Further investigation revealed that Fulton County was installing a sewer line to the new John’s Creek sewage treatment plant within the buffer, but had not secured approval to do so from the state or the city of Roswell. The city responded by issuing an immediate stop-work order to the county, since state law requires local governments to shut down any activity that is illegally occurring within a buffer. Fulton will now be required to go through a proper permitting process which should include fines and restoration work. Dowload our iPhone App now!
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