60 Day Notices Sent to two Glynn County Developers for Alledged Clean Water Act Violations

February 3, 2006
News Release

Contact: The Altamaha Riverkeeper, P. O. Box 2642, Darien GA
James Holland or Deborah Sheppard, 912-437-8164 or stewards@altamahariverkeeper.org or
Georgia Center for Law in the Public Interest, Justine Thompson, 404-659-3122

On Behalf of the Darien based Altamaha Riverkeeper/Coastkeeper (ARK) organization, the Georgia Center for Law in the Public Interest sent two 60-Day Notices of Intent to Sue on January 18, 2005 to Glynn County developers for alleged violations of the Federal Clean Water Act.

The developers of Emmanuel Church Estates on Emmanuel Church Road and the Silver Bluff Subdivision, located on the corner of the intersection of Emmanuel Church and Ratcliff Road have 60 days to respond to the legal complaint before ARK can decide whether to file a legal action against them for violations of the Clean Water Act.

In both projects, the alleged violations involve the discharge of sediment, storm water runoff, and fill material to waters of the State. Local citizen reports alerted the Altamaha Riverkeeper to problems at the two construction sites in October 2004. Since then ARK's follow up, field observations, and tracking of site violations have been ongoing and indicate sediment from both sites flows into the South Brunswick River and the salt marsh.

With rampant construction across the watershed, environmental regulators consider erosion one of the major sources of water pollution in Georgia. Sediment from construction sites is a statewide crisis filling lakes and streambeds to the point where they no longer function properly. Sediment removes oxygen impacting fish, mussels, and other aquatic animals and plants. Sediment can also carry and store toxic pollutants and nutrients that can poison habitat.

Developers and builders are required to take steps to prevent erosion from leaving construction sites but there is not enough enforcement. In Georgia, the Environmental Protection Division is responsible for the day-to-day oversight of the Clean Water Act. In addition, with respect to the general construction permit, state law has delegated some of the duties to local governments, known as Local Issuing Authorities. Many Local Issuing Authority officials at the city and county level say they are incapable of enforcing the law and don't have the expertise, money, or manpower to enforce erosion and sedimentation laws. Unfortunately, the Environmental Protection Division says almost the same thing.

According to the Altamaha Riverkeeper, after years of reporting erosion and sedimentation problems to Glynn County officials, the inadequate enforcement of rules governing the management of storm water from construction sites is continuing to escalate the degradation on our waterways and marsh habitat.

According to the state Environmental Protection Division, more than 50 Georgia Rivers and streams are too full of dirt to support fishing. In just the last year, the Altamaha Riverkeeper investigated erosion and sedimentation problems in over 20 counties: Dodge, Bibb, Telfair, Appling, Wayne, Toombs, Long, Glynn, Bleckley, McIntosh, Emanuel, Treutlen, Newton, Jackson, Barrow, Morgan, Houston, Pulaski, Wilkinson, Camden, Clarke and Twiggs. In each case, the Altamaha Riverkeeper followed up with documentation, photographs, established who was in charge of enforcement, and directed complaints to get problems corrected.

As officials debate whose job it is to enforce erosion and sedimentation regulations, the Altamaha Riverkeeper will continue to monitor sites in counties throughout the Altamaha River watershed and work with regulators, developers, and attorneys to resolve cases affecting water quality.

For more information on Erosion and Sedimentation Problems in the Altamaha Watershed see ARK's website at www.altamahariverkeeper.org.

The Altamaha Riverkeeper is a non-profit organization working to protect and restore the water quality and flow of the Altamaha River Watershed, from its headwaters in the Oconee, Ocmulgee, and Ohoopee Rivers, to its terminus at the Atlantic Ocean. More information is available on our website at www.altamahariverkeeper.org.

The Georgia Center for Law in the Public Interest is a non-profit organizations that provides free high quality legal assistance to local, state and national environmental organizations working to protect Georgia's natural resources from unlawful air and water pollution. Additional information may be found at www.cleangeorgia.org.