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.

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.
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).
(Oct 2015 - Sep 2018)
Alliance Serves Notice of Intent to Sue City of Livingston for Clean Water Act Violations
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) and sebsequently entered
into a settlement. (Click on SETTLEMENT image to the right).
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.
Alliance Serves Notice of Intent to Sue WS&G Board of Town of Wedowee for CWA 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 two warning letters, one notice of violation, and five administrative orders 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 Water, Sewer & Gas Board of the Town of Wedowee, the State filed a
lawsuit against the Board seeking to compel compliance. (Click COMPLAINT Image above) and sebsequently entered into a
settlement. (Click on SETTLEMENT image above).
Alliance Serves Notice of Intent to Sue City of Clio for Clean Water Act Violations
(Oct 2015 - Sep 2018)
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 below). 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 60-day notice of intent to sue the City of Clio, the State filed a lawsuit against the City seeking to compel
compliance. (Click COMPLAINT Image above) and subsequently entered into a settlement. (Click on SETTLEMENT image
above).
Alliance Serves Notice of Intent to Sue Rockford Utilities Board, Inc. for Clean Water Act Violations
Jul 2018 - June 2021
Oct. 27, 2021 -- The Alliance served a 60-day notice of intent to sue the Rockford Utilities
Board for 1,237 discharge limitation violations of its National Pollutant Discharge
Elimination System Permit No. AL0062278 during the last five years. (Click NOIS image
to right). These unlawful discharges impact water quality in Red Mouth 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 $56,460 per day per
violation occurring and plaintiffs' costs of litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including one warning letter and three notices of violation, 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 a lawsuit against the Board
seeking to compel compliance. (Click COMPLAINT image above).
Alliance Serves Notice of Intent to Sue City of Brundidge for Clean Water Act Violations
Jul 2018 - June 2021
Nov. 4, 2021 -- The Alliance served a 60-day notice of intent to sue the City of
Brundidge for 1,430 discharge limitation violations of its National Pollutant Discharge
Elimination System Permit No. AL0044105 during the last five years. (Click NOIS
image to right). These unlawful discharges impact water quality in Whitewater 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 $56,460 per day per violation occurring and plaintiffs' costs of
litigation (including attorney fees and expert witness fees).
Prior enforcement efforts by the State, including one warning letter and three notices 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).
ENVIRONMENTAL DEFENSE ALLIANCE
"Justice for All"