LEGAL DOCKET (SPRING 2006)

NEW CASES

Brookside Village Waste Water Treatment Plant (Jefferson County)

    Black Warrior RIVERKEEPER served a Notice of Intent to Sue (NOIS) the Brookside Village WWTP, alleging 1,134 violations of the
Clean Water Act. These discharges enter into Newfound Creek, a tributary of Fivemile Creek of the Locust Fork of the Black Warrior
River. This notice was filed on May 19, 2006.
    With the filing of this notice of intent to sue, Black Warrior Riverkeeper has addressed over 11,000 Clean Water Act violations
through legal actions since 2002 !

Blountsville HCR Lagoon (Blount County)

    Black Warrior Riverkeeper served a Notice of Intent to Sue (NOIS) the Blountsville HCR Lagoon, alleging 1,797 violations of the
Clean Water Act. These sewage-related discharges enter into Blue Springs Creek of the Mulberry Fork. Our 60 day notice period
expired May 29. On May 30, ADEM issued public notice that they have entered a consent agreement with Blountsville regarding
some of these violations, imposing an inadequate fine of $2,400. Stay tuned to our newsletter and website for more information:
www.BlackWarriorRiver.org/docket.htm

ONGOING CASES

East Walker County Waste Water Treatment Plant (Walker County)

    Black Warrior Riverkeeper filed a Motion to Intervene and a Complaint in Intervention on April 28, 2006, in the Circuit Court of Walker County. We allege
4,473 violations of their permit! ADEM filed their complaint in this case on or about October 20, 2005. We are entitled to intervene as a matter of right and are doing so to ensure that ADEM diligently prosecutes the case.

East Walker Co. Wastewater Treatment Plant
© Nelson Brooke 2005

Cordova Waste Water Treatment Plant (Walker County)

    Black Warrior Riverkeeper filed a Motion to Intervene and a Complaint in Intervention on April 28, 2006, in the Circuit Court of Walker County. We allege
618 violations of their permit. ADEM filed their complaint in this case on November 9, 2005. We are entitled to intervene as a matter of legal right and are
doing so to ensure that ADEM diligently prosecutes the case.

Cordova Wastewater Treatment Plant
© Nelson Brooke (Nov. 29, 2005)

Vulcan Materials Bessemer Quarry (Jefferson County)

    Black Warrior Riverkeeper’s Notice of Appeal was filed in Montgomery County Circuit Court on March 23. The case was assigned to Judge Bill Shashy who set it for non-jury on July 18, 2006. Vulcan Materials has filed a motion to dismiss our appeal alleging of standing. ADEM and EMC have filed a motion to dismiss alleging lack of standing sovereign immunity. Neither motion has any merit, in our attorney’s opinion.Riverkeeper alleges 465 violations of Vulcan Materials Bessemer Quarry permit.

                              Vulcan Materials Bessemer Quarry   © Nelson Brooke

     RIVERKEEPER found 465 Clean Water Act violations of the Clean Water Act for total suspended solids at Vulcan Material’s Bessemer Quarry and filed a notice of intent to sue.  The discharges from this limestone quarry muddies the creek for many miles downstream, and is detrimental to aquatic species including fish and other creatures that depend on clean water.