Mobile Baykeeper Files Lawsuit Against Daphne Utilities for Clean Water Act Violations

  In the above photo, sludge can be seen entirely covering Daphne Utilities' clarifier. This is a serious failure of the treatment system at the plant and is allowing sewage be discharged into Blakeley River and Mobile Bay with very little treatment.

In the above photo, sludge can be seen entirely covering Daphne Utilities' clarifier. This is a serious failure of the treatment system at the plant and is allowing sewage be discharged into Blakeley River and Mobile Bay with very little treatment.

(Mobile, Ala.) - Mobile Baykeeper filed to intervene in the State of Alabama’s lawsuit against Utilities Board of Daphne (“Daphne Utilities”) in Circuit Court on Tuesday, December 19, 2017 for numerous violations of the Clean Water Act and the Alabama Water Pollution Control Act. The utility has failed to comply with its permit by falsely reporting, under-reporting, or failing to report sewer spill data, as well as allowing significant amounts of raw or partially treated sewage to spill into nearby creeks, rivers, and bays.

Mobile Baykeeper reviewed video and photographic evidence, conducted multiple interviews, reviewed available spill data, analyzed aerial surveys, and conducted field research as part of its investigation into issues at Daphne Utilities. Current and former Daphne Utilities employees have reached out to Mobile Baykeeper staff to express their concerns and provide information on conditions of the facility. One employee stated that Daphne Utilities has been discharging sewage with bacteria levels “too numerous to count” into local waterways while another described a sewer spill greater than 500,000 gallons as “the worst I had seen in my 20-year career.”

“Sewer spills alone are terrible, but denying the public the opportunity to protect themselves 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 Coastal Alabama’s waterways. We will not let them jeopardize the health and safety of our community any longer.”

One of the most egregious violations occurred on August 10, 2017, when more than one million gallons of raw sewage spilled from the treatment plant into D’Olive Creek. The raw sewage gushed unsupervised for more than 13 hours at a flow rate of more than 100,000 gallons per hour. Despite the  potential threat to public health, Daphne Utilities, in an effort to hide the spill from the community, the state environmental agency, and its board, reported the spill as“zero gallons” reaching waterways.  Read more on the Mobile Baykeeper website here.