An administrative judge heard final arguments Tuesday in Atlanta in a battle over wastewater discharges into the Chattahoochee River south of Buford Dam.
At issue is a Georgia Environmental Protection Department permit, issued in August, allowing Forsyth County to discharge treated wastewater into the river from its Fowler plant and proposed Shakerag facility. Opponents of the permit argue that it allows for higher levels of pollutants in the discharge than are currently in that area of the river.
"We've been working on this for three years, trying to get the county to make sure that the permit is strong enough because the discharge goes into the Chattahoochee River National Recreation Area," said Sally Bethea, executive director of the Upper Chattahoochee Riverkeeper.
Juliet Cohen, general counsel for the organization, said the permit limits for phosphorus and for fecal coliform are too weak, and that the county's Fowler/Shakerag treatment facility is capable of producing much higher-quality wastewater than allowed in the permit.
Administrative Judge Kristin Millerhas already ruled that the water quality of the river would be degraded by the permitted discharge and that the EPD misinterpreted language in the rules designed to maintain and protect high-quality waters. The EPD has pointed out that the judge also acknowledged that the treatment levels in the permit meet regulatory standards.
Attorneys for the EPD and Forsyth County contend the purity standards required by the permit are plenty stringent and in keeping with the standards of other discharge permits issued along the Chattahoochee to water systems, including the city of Atlanta and Fulton County.
Tim Perkins, Forsyth County Water and Sewer Department director, said after closing arguments Tuesday that it would cost the county an estimated extra $121,000 a year to clean the 900,000 gallons it would discharge into the river if the purity standards were raised.
“But there is no need for that,” said Perkins. “The EPD studies have determined there has been no measurable degradation if any [in the Chattahoochee River] if the water we discharge is [at the purity level the permit allows].”
Perkins said the county has spent about $2 million designing its water purification plant to EPD standards. “Changing [purification] standards at this point is shocking to us,” he said, adding that the additional costs would be passed on to customers.
“We have the responsibility to protect the river -- and to protect our customers,” Perkins said.
The judge said she anticipates ruling on the matter in late May.
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