Advancing Environmental Justice: Leveraging the Triennial Review to Improve Water Quality

On April 17th, SRWA President Echols and University of California, Santa Barbara, students Erin Clem and Daniela Robles presented at the 2024 National Environmental Justice Conference and Training Program in Washington, D.C..

Below find Clem and Robles’ case study and the “Advancing EJ” presentation describing how SRWA has leveraged Georgia Environmental Protection Division’s Triennial Review and designated use standards to improve water quality.

 

SRWA Opening Statement
National Environmental Justice Conference
April 17, 2024 // Washington, D. C.

The Upper South River Watershed is an environmental justice community where more than 450,000 Black, marginalized, and other vulnerable people of color live.  

In 2010, violating 50-years of Clean Water Act (CWA) history and legal precedent, the Environmental Protection Agency (EPA) negotiated a federal CWA consent decree with DeKalb County that does not contain a deadline or date certain to stop sewage spills into the South River in south DeKalb County.  Additionally, and again breaking with precedent, the DeKalb County consent decree created “priority” and “non-priority” areas.   Most of the “non-priority” areas are also located in predominately Black south DeKalb County.  

In 2011, SRWA launched two flagship programs in support of improving water quality in the river through recreation – Beyond the Bridge kayak/canoe paddles, and the South River Water Trail, an initiative in partnership with downstream municipalities to provide safe and legal access to the river.  I learned later, upon discovering the Triennial review process, that recreational use is the only way to improve water quality and elevate water quality standards in Georgia’s waterways.

In 2019, during a random internet search, I happened across information about the Triennial review.  The process, how it works, and why it is so important are outlined in the Clean Water Act.  When coupled with stream restoration; specifically recreational use, the Triennial review process can be for others, as it was for SRWA, an effective tool for revitalizing environmental justice communities. 

Currently, the single most destructive threat to water quality in south DeKalb County is the failure of the 2010 DeKalb County consent decree to stop sewage spills into the South River and surrounding communities.

It will be difficult and likely impossible to overcome this unprecedented injustice.  However, the Triennial review process and its recreational use mandate provides the best opportunity to improve water quality but the responsibility and burden is blatantly unfair.  

We remain hopeful, through opportunities like this one to highlight this issue, and with continued focus on this environmental injustice, EPA will be compelled to revisit the DeKalb County consent decree and this issue and right this wrong!

Jacqueline Echols, PhD
Board President, SRWA

SRWA Files Administrative Complaint as Atlanta Seeks to Permanently Shut Down USGS Monitoring Site on Intrenchment Creek

Act Now!

Sign SRWA’s ADMINISTRATIVE COMPLAINT to USGS and help keep the one and only crititcal water quality monitoring station on Intrenchment Creek! Your letter will automatically send to decision makers Holly Weyers, USGS SE Regional Director, and David Applegate, National Director.

QUICK OVERVIEW

Before City of Atlanta convinced USGS to shut down, the Water Quality Monitoring Station on Intrenchment Creek at Constitution Road collected data critical to ensuring that point-source sewage pollution from City of Atlanta’s Combined Sewage Overflow Facilities were not exceeding permitted limits on Intrenchment Creek. Downstream, when the creek joins the South River, the water bodies combine making any data collected from USGS’ suggested new location (a mile downstream on the South River) completely irrelevant to monitoring the pollution coming directly from City of Atlanta facilities on Intrenchment Creek. Sign the letter now!

Read: OUR PRESS RELEASE

Read: USGS’ Proposal to City of Atlanta (to move the station from Intrenchment Creek to 1+ mile downstream on the South River)

USGS Water Quality Monitoring Station on Intrenchment Creek at Constitution Road before it was dismantled. Sign the letter now!

 

SE Atlanta: Major Deforestation & Mining Threat

forest Bordering the River Permitted for Mining

TAKE ACTION NOW!

Write City Planning Commissioner Jahnee Prince & City Arborist David Zaparanick.

KEY MESSAGES:
Enforce the Atlanta Tree Protection Ordinance.
Enforce City Code Sec. 6-25.001 requiring public notice, a hearing, a ZRB recommendation and decision by City Council.

Unanswered Questions:
Did the Atlanta law department make the decision that a Special Use Permit isn’t necessary?  If not, then who?
Why is Atlanta City Code Sec. 6-25.001 not being implemented or followed?

Suggested subject line: 2811 Forrest Park Rd: Enforce Tree Ordinance & City Code 6-25.001

A surface mining permit was issued to 2811 Forrest Park Road by the Georgia Environmental Protection Division (EPD) on 12.19.2019. The site is now actively being mined and is located at the confluence of a major tributary and the South River. It is adjacent to South Atlanta High School and across the street from the Lake Charlotte Nature Preserve.

The permit allows the extraction of clay from 55 acres on the site which is zoned I-2 Heavy Industrial. Zoning is the only criteria used to determine if surface mining is allowable.

Status update according to City of Atlanta Arborist Department:

The Stop Work Order has been lifted/removed by the Arborist Dept and mining operations have resumed.  The mining operation can continue to operate without the necessary Special Use Permit until such time the City’s law department decides whether a permit is needed.

City Code Sec. 6-25.001 is applicable to this site. It states under Intent: Classes of special permits "special use permits (including extraction or removal of sand, gravel, topsoil, clay, dirt…) require public notice, a hearing, a ZRB recommendation, and are decided by City Council."

Unanswered Questions:

  • Did the Atlanta law department make the decision that a Special Use Permit isn’t necessary?  If not, then who?

  • Why is Atlanta City Code Sec. 6-25.001 not being implemented or followed?

Additional Details:

  1. Initial surface mining permit disturbs 55-acres.  Request to disturb an additional 19-acres submitted.

  2. No permits have been issued by the City, although state approval does not exempt adherence to local ordinances.

  3. Law Department is reviewing to determine if the mining permit from Georgia EPD is exempt from following the tree ordinance.   

  4. No recompense has been assessed or collected by the Atlanta Arborist Department.

  5. No Reclamation Plan provided or approved for the site.  

Hold ARC accountable to the South River Forest plan!

Atlanta Mayor Commandeers South River Forest Vision

 
 

CALL TO ACTION:

Email ARC Director Anna Roach: aroach@atlantaregional.org
Sample letter below.

SUMMARY:

Over a one-year period (January-December) 2022, the Atlanta Regional Commission planned and conducted a community engagement process throughout south and southeast Atlanta in support of the South River Forest vision. South River Watershed Alliance served on the Project Management Team. From the process the ARC produced the South River Forest Community Development Action Plan. 

ARC’s role throughout the study process was “to serve as the facilitator and convener, to create an inclusive and engaging process, and to outline consensus-based recommendations for the City of Atlanta and Dekalb County to act upon.” 

“In addition to a community engagement and preliminary findings summary, this document includes a series of recommendations by which the South River Forest area may be protected, connected, and activated. A suggested timeframe, responsible party(ies), and potential funding source(s) is specified for each recommendation. “

Instead of implementing the will of citizen residents, Mayor Dickens is now promoting his own Task Force and agenda for creating a police training facility centered on the South River Forest vision. Addressing environmental disparities to the extent envisioned in the SRF Community Development Action Plan (CDAP) has never been contemplated or even attempted by the City of Atlanta. Successful achievement of the goals and aspirations of the SRF CDAP as voiced by the residents of the area depends upon ARC’s continued active unbiased and uncensored involvement going forward. And not mired in the mayor’s contrived attempt to usurp a legitimate community process to further his own political agenda.

SAMPLE LETTER:

Subject line: Mayor's Task Force UNDERMINES South River Forest plan & ARC’s Report

Director Roach:

Please do not let the Mayor’s office commandeer the South River Forest Plan. South River communities deserve environmental justice and real investment just like Chattahoochee River communities receive.

Mayor Dickens' Task Force is conflating Cop City with conservation! His actions are out of integrity with ARC’s plan and public input. The South River Forest plan is a conservation area that includes the entire Prison Farm property as protected greenspace – representing the heart of the forest.

Further, ARC’s process clearly demonstrated that environmental justice is a #1 concern among hundreds of area residents and made it crystal clear that the “need to protect the South River Forest is increasingly urgent”.

The lease of 300 acres and development of 85-acres at the Prison Farm are incompatible with the SRF Plan. In fact, Atlanta cannot even meet the greenspace requirements of its own lease legislation. Planting trees or buying land will not make the Training Center development compatible or acceptable.

City of Atlanta has never attempted to invest in southeast Atlanta or address environmental disparities as envisioned in the SRF Plan. Achieving the goals and aspirations of residents depends heavily upon ARC’s ongoing unbiased and uncensored involvement. Please champion the integrity of the SRF CDAP that so many residents and stakeholders already participated in.

Sincerely,
Your name

STAY INFORMED

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