Mobile Baykeeper files Notice of Intent to Sue Daphne Utilities for Clean Water Act Violations

FOR IMMEDIATE RELEASE: September 20, 2017

CONTACT:  J. Patrick Courtney, III (Attorney) 251-694-1001.

Mobile Baykeeper files Notice of Intent to Sue Daphne Utilities for violations under Clean Water Act

(Mobile, Ala.) - Mobile Baykeeper filed a 60-day Notice of Intent to Sue (NOIS) Daphne Utilities for numerous violations under the Clean Water Act on Tuesday, September 19, 2017. The utility has failed to comply with its permit by falsely reporting sewer spill data and failing to report sewer spills into D’Olive Creek, which eventually discharge into Mobile Bay.

A map showing the location of the Daphne Utilities Wastewater Treatment Plant in orange and D'Olive Creek 200 feet to the North in blue. (Click to Zoom)

The most egregious violation occurred on August 11, 2017, when more than one million gallons of raw sewage spilled from the 29280 North Main Street treatment plant into D’Olive Creek. The spill was reported by Daphne Utilities as “zero gallons” reaching waterways.

“This is completely unacceptable,” said Casi (kc) Callaway, Mobile Baykeeper Executive Director & Baykeeper. “Upper management at Daphne Utilities has knowingly reported false sewer spill data, endangering our health and our ability to enjoy swimming and fishing in Mobile Bay. We will not let them continue to jeopardize the health and safety of our community.”

A map displaying the sewer spills Daphne Utilities has reported since 2015. (Click to Zoom) 

Mobile Baykeeper filed this 60-day NOIS because of a history of violations. Since January 2015, Daphne Utilities reported 26 sewer overflows totaling more than 743,220 gallons of sewage, incorrectly reported the name of waterways affected by various spills, and exceeded pollution discharge limits allowed by the plant’s permit. According to J. Patrick Courtney, attorney for Mobile Baykeeper, this type of fraudulent reporting has likely been occurring for much longer due to an entrenched company culture. “This type of leadership demonstrates a complete disregard for the health and safety of those who live in and around D’Olive Creek and Mobile Bay.”

The Clean Water Act requires Mobile Baykeeper to issue a 60-day NOIS before filing a citizen suit. If an agreement between both parties is not met before the expiration of the 60 day period, the case will move forward.

To view the full NOIS, please click here. For more information, contact attorney Rick Courtney at 251-694-1001. 

Check Out Our Map Of Sewage Spills In Mobile And Baldwin Counties Here.

Find Out How We're Working To Ensure You're Notified of Sewer Overflows That Could Endanger Your Health Here.