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ATLANTA, Ga. (WALB) — The Flint Riverkeeper (FRK) intends to sue the City of Atlanta for alleged Clean Water Act, Resource Conservation and Recovery Act violations.
The suits are tied to Atlanta’s ownership and operation of Hartsfield-Jackson Atlanta International Airport.
In the first suit, FRK claims the airport illegally discharged fuel, sewage, solid waste, per-and polyfluoroalkyl substances (PFAS) into the Flint River, Sullivan Creek, and Mud Creek.
This suit is being filed under Section 505(a)(1) of the Clean Water Act (CWA), 33 U.S.C. § 1365(a)(1), in United States District Court against the City of Atlanta for longstanding and ongoing violations of the CWA. This suit will take effect on Sunday, September 27, 2026.
The second suit is being filed under Section 7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6972(a)(1)(B).
In this suit, the FRK claims the airport continues to release hazardous waste like PFAS into the Flint River and its tributaries. FRK says these actions pose a threat to downstream water supplies and aquatic life. This suit will take effect on Tuesday, October 27, 2026.
The FRK alleges the majority of pollution enters the river from stormwater runoff that enters the river during rain greater than 0.03 inches per hour. Airport records obtained by FRK claim rainfall under 0.03 inches per hour seems to be manageable through the airport’s first-flush system. Rainfall under 0.03 inches per hour can be sent to the South River Water Reclamation Center for treatment. Rainwater greater than 0.03 inches per hour are released into the Flint River.
Since 2021, FRK claims roughly 56,652 gallons of fuel, roughly 31,600 gallons of sewage, and roughly 75 gallons of deicing chemicals entered storm drains with the assumption that these materials reached the Flint River.
A full link to the 26-page intent to sue can be found here.
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