U PPER C HATTAHOOCHEE Fall 1995 RIVERKEEPER RIVER CHAT RIVER COALITION FILES SUIT AGAINST ATLANTA AIN SPAWNED BY HURRICANE OPAL CAUSED MASSIVE FLOODING IN ATLANTA in early October and underscored how very foolish it is to build What Is Atlanta Paying Rin floodplains. Television footage and newspaper photos showed the evacuation of hundreds of homes along the swelling A $9,000 A Day Fine For? Chattahoochee and its tributaries as the River crested twenty feet Not for any of the violations alleged in the River above normal. Coalition’s lawsuit. No one showed, or seemed to be aware of, another kind of The City of Atlanta, is paying this daily devastation—in this case, to the water quality in the Chatta- penalty (more than $4.5 million to date) for not completing hoochee River itself when Atlanta’s R.M. Clayton wastewater treat- treatment systems for the Clear Creek and Utoy Creek ment plant, the largest facility in the southeast, shut down. Unable combined sewer overflows (CSOs). The violations alleged in to treat and discharge the 230 million gallons of sewage and the Coalition’s lawsuit concern three on-line CSO treatment polluted stormwater that surged toward it, the Clayton plant facilities on Proctor and Tanyard Creeks. bypassed the entire volume into the River. This doesn’t just happen during hurricanes. On average, the On October 10, the Upper Chattahoochee Riverkeeper Fund Clayton plant must bypass its “secondary” treatment processes and eleven other plaintiffs (see page 2) filed suit against the City 3-4 times per month due to the facility’s inability to handle the quan- of Atlanta in U.S. District Court under the citizen-suit provisions tity of sewage and stormwater piped to it from development in the of the federal Clean Water Act (CWA). City of Atlanta, Fulton County, DeKalb County and other jurisdictions. Allegations include the City’s failure to upgrade its sewage treatment facilities to meet water quality standards and adequately Six Years and Millions Of Dollars Later, The City Is No Closer To operate and maintain the City’s three on-line combined sewer Eliminating Sewage Bypasses And Meeting Phosphorus Standards overflow (CSO) facilities on Tanyard and Proctor Creeks. (Due to power outages, these three CSO facilities also bypassed their brew Since 1989, Atlanta has been under pressure to develop a long- of sewage, industrial waste and stormwater during Hurricane range wastewater plan to handle bypass problems and meet state- Opal.) mandated phosphorus limits critical to the protection of West At this time, it is not the goal of the plaintiffs to advocate any Point Lake. Alternative solutions considered by the City, have particular solution to these problems, but rather to advocate the included (1) the construction of an 8-mile tunnel from the City’s most reasonable and effective solutions that can be implemented Clayton plant to its Utoy treatment plant to transport partially in the shortest period of time. It is our goal to have the Court treated sewage, (2) a major expansion of the Clayton plant, and 1] order the City to provide whatever improvements are necessary (3) various “alternative technologies.” See COALITION, page 2 THE RIVER MATTERS Great Riverkeeper Town Hall Meeting in Helen November 9 Gift Sautee-Nacoochee Community Center (see pg. 7). Ideas Learn How to Monitor your Neighborhood Creek. November 18 Give a RIVERKEEPER MEMBERSHIP Free water quality workshops offered by Riverkeeper to friends and family. and Alpharetta’s “Project Ripple.” Call 442-9057 to register. Make a contribution in someone’s name. Riverkeeper Brown Bag Lunch January 25 Buy a T-SHIRT for a stocking stuffer. Slide show: Travel the entire length of the Chattahoochee with photographers Joe and Monica Cook. see page 7 for more details Reflections Cookin’ On The River From the first time I heard John When was the last time you went to a cock- offers an unusual reminder of the suc- Cronin’s story about the building tail party with world class kayakers, fly- cessful party. of the Hudson Riverkeeper boat, casting trout fishermen, the first woman to Event co-chairs Laura and Rutherford I wondered how and when our Chat- ever paddle down the entire length of the Seydel were assisted in the promotion of tahoochee ship would come in. Chattahoochee, and a river running by it? the fundraiser by a Host Committee of forty A year ago, a generous donation of Probably last August, when Riverkeeper individuals and couples, including Canoe an Old Town canoe by Brenda Burnette held its Second partners George and Dewey Tate put us on the River Annual Benefit at McKerrow Jr., with grace, but not much speed. We the highly antici- Ron Scharbo, were able to hitch rides from time to pated new rest- Gerry Glaskala time on the motorized boats of friends aurant Canoe, and Ron San like Chris Scalley and Taylor Glover. located on the Martin. Now, finally, we have our Chatta- River at Paces The benefit’s hoochee Riverkeeper boat, and our Ferry in Vinings. highly creative own wonderful story behind it. The successful “map” invitation Like many of our success stories, What’s Cookin’ was designed by this tale began with a call from an indi- on the River? Donahue Studios vidual who wanted to help us protect fundraiser,fea- and the printing the River. With his skills as a boat- tured the culinary talents of well-known and paper donated by Delta Printing builder and job as an editor of Boater’s Chef Gerry Klaskala, and raised more than Company. The Lovett School provided World magazine, Billy Sims offered $40,000 for Riverkeeper’s legal action pro- shuttle parking. The evening mist was much to Riverkeeper’s efforts. gram and other ongoing river protection provided by the River. First, Billy approached SeaArk projects. Corporate sponsors Cox Enter- Boats of Monticello, Arkansas and prises, Inc., Price Waterhouse, and Post asked them to build Riverkeeper a Properties, Inc. generously backed the THE RIVERKEEPER STAFF 16-foot jonboat made of recycled alu- event which was attended by more than Sally Bethea Executive Director and Riverkeeper minum. They agreed. Then, he secured 650 supporters. David Moore General Counsel a jet-drive motor, loaned by Tohatsu A highlight of the evening was the chris- Alice Champagne Assistant To The Riverkeeper and specially suited to the rocky and tening of the new Riverkeeper boat and jet- and Adopt-a-Stream Coordinator shallow waters of the Hooch. Billy drive motor donated by SeaArk Boats and Mary Johnson Staff Attorney and Permit Monitoring drove to Arkansas to pick up our boat Tohatsu, respectively (see Reflections, this Project in time so we could christen it at River- page). Laura Turner Seydel did the hon- Glynn Groszmann Big Creek Monitoring Project keeper’s Second Annual Benefit held in ors by cracking a champagne bottle over Susan Smith Office Manager early August. A job opportunity has the bow of the boat. The resulting small 404·816·9888 FAX 816·3613 taken Billy Sims from the Chatta- dent (due to a particularly bold vintage) hoochee to Charleston, but he clearly left great contributions behind him. How do you find a volunteer Coalition Suit Against Atlanta licensed boat captain when you need Continued from page 1. prior failure to comply with requirements one? Depend on the city of Atlanta to of the CWA and to ensure the City’s future attract a key man. Harlan Trammell to the sewage treatment plants and the compliance with the law, and 3] impose a moved to Atlanta last spring from the CSOs to ensure that proper treatment is moratorium on new sewer hookups if the Florida Keys where he ran a charter given to the effluent at those locations, City fails to take appropriate steps in a fishing boat. His assistance has helped 2] assess penalties against Atlanta for its timely and responsible fashion. pick up where Billy left off. When Har- lan is not helping Riverkeeper learn how to operate and maintain its boat, UPPER CHATTAHOOCHEE RIVERKEEPER ET AL. VS. CITY OF ATLANTA he can be found guiding fishing trips Plaintiffs on the Chattahoochee in his amazing Upper Chattahoochee Riverkeeper City of West Point handmade boat, named Slainte (an Fund, Inc. (based in Atlanta) City of Hogansville Irish toast to one’s good health). The Chattahoochee Riverkeeper, Inc. LaGrange-Troup Chamber of Commerce Our new boat is helping us moni- (based in Columbus) Lake Harding Association tor the Chattahoochee more effec- City of LaGrange Jack Baytos, West Point Lake tively. Look for us on the River! Heard County marina owner Troup County Robert Hancock, riverfront property Harris County owner in Heard County RIVERKEEPER 2RIVER CHAT, FALL 1995 THE DOCKET Riverkeeper’s Legal Action Program DEFENDANT BACKGROUND STATUS C.W. MATTHEWS On June 5, 1995, Riverkeeper filed a notice of intent Negotiations are underway regarding control tech- CONTRACTING CO. to sue the C.W. Matthews asphalt facility near Bolton nology and riverbank revegetation. Adequacy of pro- Road in Atlanta under the Clean Water Act and posed stormwater control plans is being assessed by Resource Conservation and Recovery Act for dis- Riverkeeper’s technical experts. charge of asphalt and polluted stormwater from its plant (See RiverChat,Summer 95’). CITY OF ATLANTA Atlanta has failed to address its longstanding phos- Complaint was filed October 10, 1995. Riverkeeper phorus discharge and combined sewer overflow is challenging the State’s recent enforcement actions (CSO) problems. Riverkeeper and a group of cities that, we believe, threaten to delay resolution of the and counties downstream are suing to force the city City’s pollution problems. Riverkeeper is seeking to clean up its sewage treatment plants and stop funds to support our legal battle in this very impor- near-raw sewage from flowing into the Chatta- tant case.