Coosa Riverkeeper filed the petition, along with other environmental organizations. a complaintThe Water Works and Sewer Board in Gadsden have alleged that the defendants have committed numerous violations to the Clean Water Act (CWA) and their National Pollutant Discharge Elimination System(NPDES) permits issued under the CWA.
The plaintiffs consist of the following parties. Coosa Riverkeeper (a non-profit organization whose mission was to restore and protect Coosa River’s ecological integrity through enforcement and community actions); The Center for Biological Diversity (a national nonprofit conservation organization dedicated primarily to the preservation and protection ecosystems) is the organization that is comprised of the plaintiffs. Advance Etowah is an organization that is not for profit and aims to bring together Etowah County. It provides information about the local government to encourage citizens to get involved in it. Our Children’s Earth Foundation is a non-profit organization dedicated to protecting the environment.
Plaintiffs stated that they represent members of the community and their supporters who suffered personal, aesthetic, and health damages due to the alleged violations by the Clean Water Act. The plaintiffs represent members of the Gadsden area.
According to the complaint, defendant allowed sanitary sewers that were not properly maintained to deteriorate; untreated sewage is then discharged from manholes and sewer pipes to other infrastructure. These discharges are known as Sanitary Sewer Overflows. According to the complaint, SSOs have entered streets, homes, and many bodies of water surrounding Gadsden because The Board failed to comply with its NPDES.
The NPDES permits require that the defendant maintain sewer infrastructure, report accurately, often, and ensure that sewage polluting discharges do not affect water quality standards.
The plaintiffs sent a notice to the defendant on November 18, 2021. This was required by the CWA. The defendant was informed by this letter that the plaintiffs were planning to sue him for alleged violations of the Clean Water Act and their NPDES. A copy of this letter also was sent to the Environment Protection Agency.
The plaintiffs request that the defendant, who is in violation of the Clean Water Act be declared, be enjoined to not further violate its NPDES/Clean Water Act. They also demand that the city of Gadsden’s sewage infrastructure be repaired and maintained properly. They also require that the defendant report on its pollutant emissions as required under the NPDES permits. The plaintiffs also request that the board cease causing violations water quality standards.
The plaintiffs are represented Knowles & Sullivan, LLC, Super Law Group, and the Center for Biological Diversity.