Compliance - Enforcement
    Alliance Serves Notice of Intent to Sue Vernon Water & Sewer Board for Clean Water Act Violations
(Oct 2015 - Sep 2018)
Sep. 13, 2017 -- The Alliance served a 60-day notice of intent to sue the Vernon Water and Sewer Board for 1,983
discharge limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0024368 during
the last five years. (Click NOIS image to right). These unlawful discharges impact water quality in Yellow Creek.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State
nor the U.S. Environmental Protection Agency has filed suit against the Board to compel compliance, the Alliance
may file suit. Under the Clean Water Act, the Board is subject to a maximum civil penalty of $37,500 per day per
violation occuring before November 3, 2015, $53,484 per day per violation occurring after November 2, 2015, and
plaintiffs' costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including one warning letter, two notices of violation, and one lawsuit which
resulted in a negotiated compliance schedule and $14,100 in penalties were not sufficient to coerce the Board to achieve compliance. (See
images below).
Following service of the 60-day notice of intent to sue the Board by the Alliance, the State filed another lawsuit against the Board seeking to
compel compliance. (Click COMPLAINT Image above). On December 3, 2018, the Board and State entered into a court-approved settlement
agreement whereby the Board is to certify its compliance by December 2, 2019 and to pay a $27,000 penalty in twelve monthly
installments. (Click SETTLEMENT image to right).
    Alliance Serves Notice of Intent to Sue City of Livingston for Clean Water Act Violations
(Oct 2015 - Sep 2018)
June 27, 2017 -- The Alliance served a 60-day notice of intent to sue the City of Livingston for 750 discharge
limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0023256 during the
previous five years. (Click NOIS image to right). These unlawful discharges impact water quality in the
Sucarnoochee River.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State
nor the U.S. Environmental Protection Agency has filed suit against the City to compel compliance, the Alliance may
file suit. Under the Clean Water Act, the City is subject to a maximum civil penalty of $37,500 per day per violation
occuring before November 3, 2015, $53,484 per day per violation occurring after November 2, 2015, and
plaintiff's costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including three warning letters and one notice of violation, were not sufficient to coerce the City to
achieve compliance. (See images below).
Following service of the 60-day notice of intent to sue the City by the Alliance, the State filed an amended lawsuit against the City seeking to
compel compliance. (Click COMPLAINT image above). On August 2, 2018, the City and State entered into a court-approved settlement
agreement whereby the City is to be in compliance with all permit limitations by December 31, 2022 and to pay an $84,000 penalty in
twelve monthly installments. (Click SETTLEMENT image to right).
    Alliance Serves Notice of Intent to Sue City of Tallassee for Clean Water Act Violations
(Oct 2015 - Sep 2018)
June 27, 2017 -- The Alliance served a 60-day notice of intent to sue the City of Tallassee for 2,083 discharge
limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0020486 during the
previous five years. (Click NOIS image to right). These unlawful discharges impact water quality in the Tallapoosa
River.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State
nor the U.S. Environmental Protection Agency has filed suit against the City to compel compliance, the Alliance may
file suit. Under the Clean Water Act, the City is subject to a maximum civil penalty of $37,500 per day per violation
occurring before November 3, 2015, $53,484 per day per violation occurring after November 2, 2015, and
plaintiff's costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including two warning letters and one notice of violation, were not sufficient to coerce the City to
achieve compliance. (See images below).
Following service of the 60-day notice of intent to sue the City by the Alliance, the State filed a lawsuit against the City seeking to compel
compliance. (Click COMPLAINT image above). On May 25, 2018, the City and State entered into a court-approved settlement agreement
whereby the City is to be in compliance with all permit limitations by May 15, 2021 and to pay a $50,000 penalty. (Click SETTLEMENT image
to right).
    Alliance Serves Notice of Intent to Sue Town of Brilliant for Clean Water Act Violations
(Oct 2015 - Sep 2018)
Apr. 7, 2017 -- The Alliance served a 60-day notice of intent to sue the Town of Brilliant for 2,083 discharge
limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0057169 during the
previous five years. (Click NOIS image to right). These unlawful discharges impact water quality in an Unnamed
Tributary of Little New River.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State
nor the U.S. Environmental Protection Agency has filed suit against the Town to compel compliance, the Alliance
may file suit. Under the Clean Water Act, the Town is subject to a maximum civil penalty of $37,500 per day per
violation occuring before November 3, 2015, $53,484 per day per violation occurrring after November 2, 2015,
and plaintiff's costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including one warning letter and one notice of violation, were not sufficient to coerce the Town to achieve compliance. (See
images below).
Following service of the 60-day notice of intent to sue the Town by the Alliance, the State filed a lawsuit against the Town seeking to compel compliance. (Click
COMPLAINT image above).
   Alliance Serves Notice of Intent to Sue City of Dothan for Clean Water Act Violations
May 4, 2016 -- The Alliance served a 60-day notice of intent to sue the City of Dothan for 59 discharges of
untreated ssanitary sewage without a permit during the previous five years and 59 failures to properly operate and
maintain all facilities and systems of treatment and control which are installed or used by the City to achieve
compliance with discharge limitations in NPDES Permit Nos. AL0072737 (New Cypress WWTP) and AL0022764 (
Omussee Creek WWTP) during the previous five years. (Click COMPLAINT image to right). These unlawful
discharges impact water quality in Cypress Creek, Omussee Creek, Limestone Creek, and Golf Creek.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State
nor the U.S. Environmental Protection Agency has filed suit against the City to compel compliance, the Alliance may
file suit. Under the Clean Water Act, the City is subject to a maximum civil penalty of $37,500 per day per violation
occurring before November 3, 2015, $53,484 per day per violation occurring after November 2, 2015, and
plaintiff's costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the U.S. Environmental Protection Agency, including Administrative Order on Consent No. CWA-04-2012-4780
and a lawsuit (including payment of a $264,000 penalty), were not sufficient to coerce the City to achieve compliance.
Following service of the 60-day notice of intent to sue the City by the Alliance,
the State filed a lawsuit against the City seeking to compel compliance. (Click
COMPLAINT image to right). On May 22, 2017, the City and State entered into a
court-approved settlement agreement whereby the City was to certify completion
of all modifications and corrective actions in its Compliance Plan by December
22, 2019. (Click SETTLEMENT image to right).
   Alliance Serves Notice of Intent to Sue Town of Gordon for Clean Water Act Violations
(Oct 2015 - Sep 2018)
Jan. 16, 2016 -- The Alliance served a 60-day notice of intent to sue the Town of Gordon for 1,757 discharge
limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0073202 and
Administrative Order No. 15-081-WP during the previous five years. (Click NOIS image to right). These violations
impact water quality in the Chattahoochee River.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State
nor the U.S. Environmental Protection Agency has filed suit against the Town to compel compliance, the Alliance
may file suit. Under the Clean Water Act, the Town is subject to a maximum civil penalty of $37,500 per day per
violation and plaintiff's costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including three warning letters, three notices of violation, and two
administrative orders were not sufficient to coerce the Town to achieve compliance. (See images below).
Following service of the 60-day notice of intent to sue the Town by the Alliance, the State filed a lawsuit against the Town seeking to compel
compliance. (Click COMPLAINT image above). On November 19, 2018, the Court entered a default judgment requiring implementation of a
series of remedial actions intended to achieve compliance. (Click JUDGMENT image to right).
    Alliance Serves Notice of Intent to Sue City of Reform for Clean Water Act Violations
(Oct 2015 - Sep 2018)
Jan. 14, 2016 -- The Alliance served a 60-day notice of intent to sue the City of Reform for 5,197 discharge
limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0020915 during the
previous five years. (Click NOIS image to right). These violations impact water quality in Lubbub Creek.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State
nor the U.S. Environmental Protection Agency has filed suit against the City to compel compliance, the Alliance
may file suit. Under the Clean Water Act, the Town is subject to a maximum civil penalty of $37,500 per day per
violation and plaintiff's costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including one warning letter, five administrative orders, and one lawsuit
were not sufficient to coerce the City to achieve compliance. (See images below).
Following service of the 60-day notice of intent to sue the City by the Alliance, the Court issued an order demanding semi-annual status reports of compliance with the
previously approved settlement agreement. (Click ORDER image above). On July 25, 2018, the City certified substantial compliance with permit discharge limitations.
The Federal Government has recently reduced its oversight of State environmental regulators.  State regulators are the people we count on to keep pollution of our air, water and land from harming human health and the environment.  Non-compliance occurs when more pollution is put in the environment than allowed by a permit.

With less Federal oversight of State environmental regulators, the Environmental Defense Alliance (Alliance) believes that citizen participation in enforcement against violators is more important than ever.  We also believe that citizen monitoring and reporting of State and Federal failures to enforce is more important than ever.  Consequently, the Alliance is currently investigating the compliance record of specific sources, reporting  violations to the regulatory authorities, and in the absence of government enforcement, will take legal action against such sources to coerce compliance.  In addition, the Alliance is monitoring, documenting, and reporting on the failures of regulatory agencies to take appropriate enforcement action.

Read some recent examples of our actions below. If you think our efforts are important, we hope you will take action and help us.
Alliance Serves Notice of Intent to Sue City of Clio for Clean Water Act Violations
(Oct 2015 - Sep 2018)
Example:
Jan. 4, 2019 -- The Alliance served a 60-day notice of intent to sue the City of Clio, Alabama for 5,036 discharge
limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0067181 during the last
five years and 238 discharge limitation violations of Consent Order No. 16-061-CWP since June 8, 2018. (Click
NOIS image to right). Yes, the City of Clio has been allowed to discharge unlawful amounts of pollutants into the
Pea River 5,074 times in the past 5 years! These unlawful discharges impact water quality in the Pea River. The
Alliance believes this is a clear example of how citizens can effectively participate in enforcement against pollution
violators.
(The 60-day notice served by the Alliance is required under the Clean Water Act. If violations continue after 60 days and neither the
State nor the U.S. Environmental Protection Agency has filed suit against the City to compel compliance, the Alliance may file suit.
Under the Clean Water Act, the City is subject to a maximum civil penalty of $37,500 per day per violation occurring before November
3, 2015, $53,484 per day per violation occurring after November 2, 2015, and plaintiffs' costs of litigation (including attorney fees and
expert witness fees)).
Prior enforcement efforts by the State, including two warning letters, six notices of violation, and two administrative orders (including
penalties totaling $10,850), have not been sufficient to coerce the City to achieve compliance. (See images below).
Following service of the Alliance's 60-day notice of intent to sue, the State filed a lawsuit against the City seeking
compliance. (Click COMPLAINT image to right.) Success! This is how we, as citizens, can make State regulators
enforce the law and force polluters to follow the law.
HOW YOU CAN HELP!
* Report suspected violations to the Alliance.
* Become a member of the Alliance.
* Support the Alliance verbally and on social media.
* Donate and/or have a fundraiser to help us stop dangerous pollution. $1,500 will allow us to prepare and file a 60-day notice of
intent to sue a violator and force ADEM to take action. Every donation is important and will go directly into legal action approved by
the Alliance Board. Donations may be deductible from your taxes because the Alliance is a charity.
    Alliance Serves Notice of Intent to Sue Water, Sewer & Gas Board of Town of Wedowee for Clean Water Act Violations
(Jan 2016 - Dec 2018)
June 11, 2019 -- The Alliance served a 60-day notice of intent to sue the Water, Sewer & Gas Board of the Town of Wedowee for 3,142
discharge limitation violations of its National Pollutant Discharge Elimination System Permit No. AL0024171 during the last five years. (Click
NOIS image to right). These unlawful discharges impact water quality in Wedowee Creek.
The 60-day notice is required under the Clean Water Act. If violations continue after 60 days and neither the State nor the U.S. Environmental
Protection Agency has filed suit against the Board to compel compliance, the Alliance may file suit. Under the Clean Water Act, the Board is
subject to a maximum civil penalty of $37,500 per day per violation occuring before November 3, 2015, $53,484 per day per violation
occurring after November 2, 2015, and plaintiffs' costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including twp warning letter, one notice of violation, and five administrative orders were not sufficient
to coerce the Board to achieve compliance. (See images below).
ENVIRONMENTAL DEFENSE ALLIANCE
"Justice for All"