Mobile Baykeeper Discovers Additional Violations Against Daphne Utilities

FOR IMMEDIATE RELEASE: Thursday February 8, 2018

Contact: J. Patrick Courtney, III, Attorney 251-694-1001.

 Mobile Baykeeper Discovers Additional Sewer Violations against Daphne Utilities

(Mobile, Ala.) - Mobile Baykeeper has discovered additional violations against Daphne Utilities after filing a lawsuit against the utility on December 19, 2017. This lawsuit, preceded by a Notice of Intent (NOI) to sue on September 19, was filed due to fraudulent reporting and failing to report sewage spills discharging into Mobile Bay, violating the Clean Water Act and Alabama Water Pollution Control Act. Since this time, violations have continued and increased in severity, totaling 25 reported violations over a four-month period.


“It is alarming to find repeated and ongoing violations several months after filing the lawsuit,” said Casi (kc) Callaway, Mobile Baykeeper Executive Director & Baykeeper. “Clearly there are immediate changes needed at Daphne Utilities to protect the health of our community. We’ll keep fighting until we see those changes made.”

Specific violations include several instances with bacteria concentrations “too numerous to count”, other instances when total suspended solids (a pollutant used to assess whether treatment of sewage is adequate) exceeded permitted discharge limits by more than 100%, and additional violations detailed in the attached addendum. Interviews with current staff members at Daphne Utilities reveal the likelihood that these violations were going on and unreported well before Mobile Baykeeper took legal action in September 2017.

“Clean water is a basic right we treasure in Coastal Alabama -  more than most people understand,” said J. Patrick Courtney, attorney for Mobile Baykeeper. “Daphne Utilities needs to get this situation corrected immediately to ensure the health and safety of our citizens.”

For more details on additional violations, click here (or read belowto view the official addendum to Mobile Baykeeper’s investigation report against Daphne Utilities. To read the original investigation report in full, click here.


Mobile Baykeeper filed a 60-day notice of intent (NOI) to sue for the above violations on September 19, 2017. Following this, The State of Alabama and Alabama Department of Environmental Management filed suit in the Court of Alabama on November 22, 2017. Mobile Baykeeper intervened to file a lawsuit against Daphne Utilities on December 19, 2017.

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