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PHENIX CITY, AL – Chattahoochee Riverkeeper has filed a federal lawsuit against Phenix City for violations of the Clean Water Act and the Alabama Water Pollution Control Act.

In July, Chattahoochee Riverkeeper (CRK) sent a letter notifying the Phenix City Department of Public Utilities that they would have 60 days to stop discharging illegal levels of pollution into the Chattahoochee River from the Phenix City Wastewater Treatment Plant or the group would file a lawsuit in federal court. This 60-Day Notice of Intent to Sue is required under the Clean Water Act.

CRK’s suit against Phenix City was filed less than two weeks after CRK and the Southern Environmental Law Center filed a separate suit against the City of Atlanta for pollution violations stemming from Atlanta’s R.M. Clayton Water Reclamation Center.

In Alabama, the Phenix City Wastewater Treatment Plant is permitted to release up to six million gallons of treated wastewater into the Chattahoochee River per day. In 2024, CRK received multiple reports of visibly undertreated sewage in the Chattahoochee River near Phenix City and CRK staff began more frequent monitoring at the plant’s outfall where treated wastewater is released into the river.

Testing conducted by CRK has confirmed multiple spikes in bacteria levels at the plant’s outfall that have exceeded the U.S. Environmental Protection Agency’s recommendations for safe water recreation. Public records confirm that the plant has also regularly violated pollution limits since 2020.

Additionally, Phenix City’s outdated wastewater collection system suffers from repeated and ongoing failures. Data from the Alabama Department of Environmental Management show that sanitary sewer overflows have occurred regularly in Phenix City since at least 2021, including an overflow of approximately two million gallons of raw sewage from the plant into the river in February of 2024.

CRK recommends that recreators exercise caution on the river immediately downstream of the plant’s outfall located off State Docks Road in Alabama.

When the risk of harmful bacteria exposure is high, recreators should wash their hands after contacting the water, avoid fully submerging underwater, and use particular caution if young, elderly, or immunocompromised.

“We are seeing a pattern of failing wastewater treatment plants throughout our watershed, and Phenix City is no exception,” says Jason Ulseth, CRK’s Riverkeeper and executive director.

“It is time for Phenix City to step up and prioritize infrastructure before further harm is done to the river and those who depend on it. Recreators throughout the Chattahoochee River Basin deserve the right to swim, paddle, and fish on clean waterways.”

In response to the city’s failure to address ongoing, repeated violations at the Phenix City Wastewater Treatment Plant, CRK filed a federal lawsuit against Phenix City on September 16. CRK is represented in the suit by the law firm Smith, Gambrell & Russell.

Pursuant to the Clean Water Act, CRK will seek an injunction to prevent further violations, as well as civil penalties, attorney’s fees and costs.