LEGAL DOCKET (FALL 2006)

NEW CASES

Riley Maze Waste Water Treatment Plant (Marshall County)

    As RIVERKEEPER continues our Waste Water Treatment Plant (WWTP) program, we frequently discover treatment plants that illegally dump large amounts of
raw and inadequately treated sewage into the river. One such plant is the Riley Maze Creek WWTP, which is operated by the Arab Sewer Board of the City of Arab in Cullman County, Alabama. This facility discharges into an upper tributary of the Mulberry Fork of the Black Warrior River.  This plant is in serious violation. It is an aging system, treating more waste than it was designed to handle. It is designed for 0.8 million gallons per day (MGD) and a projected maximum flow of .25 MGD. For the past several years, the average daily flow has exceeded the projected maximum flow during many months. In the past five years, the system has experienced at least 40 unpermitted discharges of raw sewage in violation of the NPDES permit. It also had 331 violations of the discharge parameters of its permit, mostly for total suspended solids (TSS) and Fecal Coliform. Riverkeeper served Notice of Intent to Sue (NOIS) on October 26, 2006 stating that we intend to sue this facility after the required 60 day notice period expires.

The Riley Maze WWTP in the city of Arab: 331 Clean Water Act violations and 40 illegal raw sewage discharges.  © Nelson Brooke

ONGOING CASES

Moundville HCR Lagoon (Hale County)

    The City of Moundville in Hale County, Alabama, operates a small lagoon system for waste water treatment. This facility discharges directly into the Black Warrior River, downstream of the City of Tuscaloosa. RIVERKEEPER issued a NOIS on December 14, 2005 alleging 1,486 violations of its NPDES permit! After the expiration of the 60 day notice period, we elected not to file suit because we had reason to believe that they were about to make necessary
improvements to their facility and stop the discharge violations. However, after nearly one year, it is apparent that they are still in serious violation, having incurred an additional 649 violations. Riverkeeper served a second NOIS on November 17, 2006.

Moundville Lagoon discharges improperly treated sewage into the Black Warrior right next to the city’s public boat launch and renowned archeological park.
© Nelson Brooke.     Flight provided by Southwings.org

City Of Cordova Waste Water Treatment Plant (Walker County)

    Cordova operates an aged treatment facility that had numerous failures over the past five years. They also had numerous pumping station failures, discharging hundreds of thousands of gallons of raw sewage into the Black Warrior’s Mulberry Fork. Riverkeeper served a 60-day NOIS on September 30, 2005 alleging a total of 618 violations of their NPDES permit under the Clean Water Act. The Alabama Department of Environmental Management (ADEM) filed suit against Cordova on November 9, 2005, in the state Circuit Court of Walker County, thus precluding the suit we planned in Federal Court. Riverkeeper filed a Motion to Intervene and a Complaint in Intervention on April 28, 2006, in the Circuit Court of Walker County. The case was set for non-jury trial on November 7, 2006. Cordova’s attorney filed a motion to continue, which the Court granted. We expect this case to be re-set for trial shortly.

Cordova Wastewater Treatment Plant: 618 Clean Water Act violations
© Nelson Brooke (Nov. 29, 2005).  Flight provided by Southwings.org