DeKalb County will once again fail to meet a federal deadline to fix its sewer system, former CEO Michael Thurmond said in a report to the U.S. Environmental Protection Agency and Georgia Environmental Protection Division on his last day in office.
“The county simply needs more time and more money,” Thurmond said in the report on New Year’s Eve.
DeKalb County’s sewer system overflows so frequently, polluting waterways with harmful bacteria, that the county is in violation of the federal Clean Water Act. As a result, the county is under a consent decree — a legal agreement with the federal government to complete repairs and upgrades by Dec. 20, 2027, that were estimated to cost $1 billion. The current consent decree is one Thurmond renegotiated after the county blew a 2020 deadline.
Thurmond left office this year because of term limits. Former commissioner Lorraine Cochran-Johnson has replaced him as the county’s top elected leader.
In response to Thurmond’s report, federal and state prosecutors earlier this month requested a status conference in federal court, sharply criticizing the county in the process.
“The county has not adequately explained why it has not prepared itself to meet the December 2027 deadline that it negotiated, nor has it formally requested modification of that deadline, or demonstrated that any further extension would be appropriate,” the court filing states. “The county appears to believe the best course of action is to hope that the court, the federal and state governments, and its own residents, will accept millions of gallons more sewage overflows in South DeKalb, for an unspecified length of time beyond that permitted by the order of this court.
“The county’s sewage overflows continue to threaten the health of its residents, including its most vulnerable populations. Residents exposed to sewage are at an increased risk of contracting sewage-related infections and illnesses. The county’s recent contradiction of representations it made to this court in 2021 … suggests ongoing communication and management challenges, at best.”
The news website Decaturish first reported the court filings.
Thurmond told The Atlanta Journal-Constitution that the county had “great leadership in place” and will work with state and federal regulators.
“We’re going to have a more effective and efficient sewer system and we’re going to be able to protect the environment and support economic growth,” he said. “I have no doubt whatsoever.
“Somehow it’s my fault when, for 30 years, nobody did basically nothing.”
Cochran-Johnson, who took office Jan. 1, did not respond to emailed questions.
It is unclear what penalties DeKalb could face for the missed deadline. The county has already paid almost $2.5 million in fines for violating the first consent decree and for sewer spills through the end of 2023, according to court documents. In their filing, prosecutors said they don’t think more sewer spill fines “would have any deterrent effect.”
Credit: Jenni Girtman
Credit: Jenni Girtman
In his report, Thurmond said DeKalb County fixed more than 70% of the consent decree’s priority problem areas ahead of schedule and the county has exceeded annual commitments of sewer lines to be rehabilitated. But after the consent decree was renegotiated, a new model identified a 47% increase in the amount of trunk sewer work necessary, Thurmond said.
Also, field work showed plans to build parallel relief sewer lines were not feasible given the condition of existing sewers, and every potential location for underground wastewater storage basins raised environmental justice concerns, Thurmond said.
Thurmond proposed leveraging the new Snapfinger Advanced Wastewater Treatment Facility for storage, and installing larger trunk sewer lines, but said that work could not be finished by the 2027 deadline.
County commissioners voted unanimously last week to build the necessary infrastructure to store excess wastewater at the Snapfinger plant and work with state and federal agencies to seek revisions to the consent decree. It is not clear how much the infrastructure will cost.
Thurmond also said recent inflation had more than doubled construction costs.
Prosecutors pointed to a 2021 court filing in which DeKalb stated it had already used the new model to confirm the scope of work. The county concluded in August that it could not build storage basins by the deadline or take any temporary actions to comply with the decree while pursuing a permanent solution, court documents state.
Cochran-Johnson has proposed to more than double water and sewer rates over the next decade, increasing them by 10% in May and every year thereafter. The increases would raise an additional $467 million by 2034, according to the county.
Failing to comply with the consent decree could lower the county’s credit ratings, Cochran-Johnson’s administration said Tuesday in a presentation to county commissioners.
“DeKalb has a water and wastewater system at risk of failure,” the presentation states. “Intentional and urgent action is required.”
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