Just One of Those Things or Negligence?

Just One of Those Things or Negligence?

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On Dec. 07, 2023 I received notice of another SSO (Sanitary Sewer Overflow) in the Cottondale Creek basin, more specifically the #1 block of JVC Road. AGAIN!

 It was almost at the exact same location and was certainly part of the overflow in Nov. 2022. According to the City of Tuscaloosa's mandated reports there was 10,250 gallons of sewage discharged into a wetland. According to the city report it was all “Ground Absorbed” That is what they claimed for last year's overflow.

From the evidence I saw on the ground on Dec 09, 2023, my opinion would be that either the inspector did not do a thorough job of documenting the overflow or he was willfully participating in a campaign of misinformation. The area of saturation was about 100 yards long and as much as 50 yards wide in places, impossible to miss.

Based on my investigation, the City's claim that it was ground-absorbed was false. I found 2 positive drainages and 1 more possible drainage that led away from the site and directly into an unnamed tributary to Cottondale Creek. 

At the end of the drainages a large gray sediment plume from the overflow could be seen in the tributary to Cottondale Creek. E-coil tests showed elevated levels of bacteria both on the surrounding ground and the receiving stream. There was a heavy smell of sewage in the air throughout the site and large patches clumped garden lime. While any attempt at cleanup is appreciated, it would be much better received if the cleanup was done properly. 

The use of common garden lime is acceptable on small spills, but even then it must be used properly. I found several articles online about the use of garden lime but none that recommend using it in such large quantities or spreading it out in lumps. 

“If the sewage spill is minor:

• Liberally sprinkle garden lime until the affected area is covered in white dust.
• If sewage is thicker in certain areas, mix in lime with a rake or a spade.
• Let lime-covered areas stand for 24 hours.
• Once dry, shovel sewage-contaminated lime into doubled, heavy-duty trash bags.
• Wash remnants of dried lime away from the ground with a garden hose.
• Use a hose, sprinkler, or watering can to water over the area.
• Let the area dry in the sun for a day. Sunlight helps kill bacteria so don’t rake the affected area right away as this can slow down the process.
• If you still see white dust from lime, water it until it disappears.”

Brown sludge flows through clumps of garden lime

Discarded garden lime bags

What the contractors did was a widespread misuse of the product. It was not spread out as dust, it was thrown out in large clumps and in many cases the empty bags were simply left behind to trash the wetland, instead of being disposed of properly.

I also know from experience that the Right of Way (ROW) was badly overgrown and it took heavy equipment to clear a path nearly 100 yards through the dense overgrowth. ROW issues like this one were brought to the attention of the City as long back as 2008 when the sewer line behind the cemetery on Keene Mill Road overflowed for several days. The ROW was so overgrown it took that long just to clear a path to the overflow discharge point.  The City blamed it on sabotage which was complete fabrication but the damage from the sewage was made much worse due to the neglect of the ROW. 

"The site where the sewage spill occurred is in an isolated area where the right-of-way was so overgrown that work crews were forced to abandon their efforts to reach the blocked pipe in the early morning hours Saturday and return later in the day with heavy equipment to clear a path to the manhole cover." (Sept. 2008, T'News)

The Mayor proclaimed in 2008 that the sewer ROWs would be a priority and nothing like this would happen again. ROW maintenance would be considered a mandatory function. In 2008, it took 5 days to reach the overflow site. 

I wasn’t here when the most recent December blowout occurred so I can't say how long it took. It happened deep in the woods along a ROW which hasn’t been cleared in probably 30 years based on the age of the trees standing on top of the force-main coming out of pump station 11. I can't accurately say how old the trees are standing on the ROW but I can say in all likelihood they have been there through the entire life of the current administrations time in office. 

It was evident that a lot of work had been done recently in the area to remove the old lines that failed last year at the site. 

There is a 12-inch force-main located there which has been in disrepair for years. This was the source of the problem. I have documented and expressed my concerns to the city on more than one occasion. Take a look for yourself in the photo series below and make up your own mind. Is this proper maintenance of the city’s infrastructure? 

Millions of dollars have been squandered making expensive “emergency” repairs along this very line. This is just the latest man-made disaster. The blowout last year at almost the same site was a combination of failures which could have been much worse. In my opinion, the official reports failed to capture just how bad the spill actually was. 

In just the force-main from Mercedes, the line that failed , Nov. of 22, there have been multiple ruptures due to worn out pipes over the years. The force-main line is what failed at 1 JVC, creating a lake of sewage several feet deep according to the waterline in the fence. The weight caused a 30 inch gravity feed line below to fail and also collapse allowing the sewage to continue through to the next pump station. 

ALL of the pipes associated with the Nov., 22 incident were rusted through and had holes large enough to pass a softball through. As this was being written there was yet another “broken pipe” overflow that dumped another 8,000 gallons of raw sewage the City claims was also ground absorbed. The nearest receiving stream is Little Hurricane Creek. It’s time for Tuscaloosa leadership to realize that this particular section of sewer line has long outlived its life expectancy and should be replaced in its entirety. 

The chronic failures of various sections of this particular line became so bad that EPA stepped in and ordered a Total Maximum Daily Load Assessment (TMDL) for the entire Cottondale Creek drainage to evaluate whether sewage pollutants should be limited in the creek to restore water quality. The TMDL issued by ADEM in August 2022 calls for a 89% reduction for pathogens in Cottondale Creek. Since the TMDL was issued the city sewer department has discharged over 220,000gallons of raw sewage into Cottondale Creek and still counting. This must stop!

On July 28. 2023 Southern Environmental Law Center (SELC) filed a 60-day notice of intent to sue on behalf of Black Warrior Riverkeeper and Friends of Hurricane Creek in order to put a stop to these unpermitted discharges and address many other issues surrounding the City's Fletcher Wastewater Treatment Plant. 

Our letter started out with a request for a meeting but the city never responded and made no attempt discuss our concerns without litigation. 

As we expected, as soon as we filed our notice, the City asked ADEM (Alabama Dep. of Environmental Management) to step in and file a state ordered action and lawsuit which makes it more difficult for us to file a federal lawsuit. A lot of people may think that is a good thing. “At least the state is taking action” is what I sometimes hear from the general public. What most people don’t understand is that the City is working WITH ADEM because they know ADEM will protect them from more diligent prosecution from groups like ours. Under the ADEM consent order to come, I predict there will be very little penalty or meaningful enforcement. In all probability the City will get years to comply if ever. I have said for years that ADEM is a polluter's best friend!

Black Warrior Riverkeeper, Friends of Hurricane Creek and SELC won the right to intervene in the suit brought by ADEM. It is our hope and prayer that we will be able to help direct a stronger settlement and more actual improvements to this failing collection and treatment system. The city has whitewashed this problem way too long. Many of the disastrous overflows we see are due to lack of maintenance, antiquated systems, and collection line failures. It is past time for the City to address its wastewater problems, once and for all.

-- 

John L. Wathen,
Hurricane Creekkeeper
Friends of Hurricane Creek
 
Creekkeeper is a member of 
Waterkeeper Alliance
www.waterkeeper.org
 
Who has the authority to say someone else
 is not being a good steward of the environment?
 
Anyone who notices