Press release from the Southern Environmental Law Center
For immediate release: August 8, 2024
Contact:
Jesse Demonbruen-Chapman, Coosa River Basin Initiative, 706-232-2724,
jesse@coosa.org
Terah Boyd, Southern Environmental Law Center, 678-234-7990, tboyd@selcga.org

ROME, Ga. — In one of the most comprehensive settlements of its kind in the nation,
the city of Calhoun has agreed to take meaningful steps to protect northwest Georgia’s
water supply from years of widespread PFAS pollution.


Represented by the Southern Environmental Law Center, Coosa River Basin Initiative
agreed to resolve a federal lawsuit against the city of Calhoun alleging violations of
federal law and allowing PFAS in drinking water. The proposed settlement terms, if
approved by the Federal District Court, include (a) overhauling the city’s wastewater
treatment plant “pretreatment program” so that it regulates PFAS coming from the
carpet industry, (b) an extensive residential drinking water well investigation and remedy
for qualified residents, and (c) requirements that the city upgrade its drinking water
plants to effectively treat for PFAS in the public water supply, among other remedies.
“This has always been about clean water,” says Jesse Demonbreun-Chapman,
executive director & Riverkeeper at Coosa River Basin Initiative. “Healthy rivers and
clean drinking water aren’t a luxury– they are a necessity. When we uncovered the
threat posed to this community’s watershed by these unrestricted toxic industrial
chemicals, CRBI had little choice but to step in when others would not. The continued
success of the region depends on striking that healthy balance between a thriving
industry, and clean, safe water resources that our communities rely on.”
Located along two of northwest Georgia’s major rivers, Calhoun operates a publicly
owned wastewater treatment plant that receives and treats industrial wastewater from
major carpet producers and finishers – industries known to use per and polyfluoroalkyl
substances (PFAS), or “forever chemicals.” PFAS are a class of thousands of synthetic
chemicals that includes PFOA and PFOS and are known to be toxic and associated
with serious health impacts. These industrial chemicals do not dissipate, dissolve, or
degrade but stay in water, soil, and our bodies for many years.


CRBI’s lawsuit alleged that for years, Calhoun improperly allowed the unrestricted
discharge of PFAS into the wastewater treatment plant, contaminating sewage sludge
that was disposed on agricultural land in the region, in turn contaminating groundwater
and nearby rivers that are both used for drinking water. Growing research links certain
PFAS exposure to public health risks, including liver cancer, testicular cancer, liver
damage, and thyroid disease. In April 2024, EPA set drinking water Maximum Contaminant Levels for PFOA and PFOS at four parts per trillion, and maximum contaminant level goals at zero due to potential health risks.


“By uncovering this problem and ultimately bringing suit to address it, this settlement
delivers on the promise of what our environmental laws are intended to achieve,” said
Chris Bowers, SELC senior attorney. “Families should not be exposed to toxic industrial
chemicals in their drinking water because of industry failures to adequately monitor for
and treat their wastewater, and public wastewater systems should not sit idly by and
allow that to continue. Under this Consent Decree, Calhoun is rolling up its sleeves and
getting to work on the problem. Others must follow.”


“This case marks a turning point for Georgia on PFAS wastewater treatment and
regulation, showing how our environmental laws are supposed to work, and what can
happen when they aren’t properly enforced,” said Jamie Whitlock, SELC Senior
Attorney. “This settlement shows that if wastewater plants can effectively control PFAS
pollution in one of the most impacted communities in Georgia, they can do the same
everywhere.”


“If a city in the heart of the nation’s carpet industry can agree to a plan to limit PFAS
pollution, anyone can,” said Hutton Brown, SELC Senior Attorney. “This settlement
marks an important step forward in meaningfully controlling these forever chemicals and
is an investment towards the long-term health of Calhoun families for generations to
come.”


Coosa River Basin Initiative, together with the City of Calhoun, have jointly moved for a
Consent Decree that will, if entered by the Federal District Court, resolve CRBI’s
lawsuit. Under its terms, the proposed settlement will include:

  • Overhaul of Calhoun’s Wastewater Treatment Plant so that it regulates PFAS. An independent monitor will be designated to oversee a PFAS investigation of the wastewater plant, and the city will implement agreed-to changes which will modernize Calhoun’s industrial pretreatment program in line with EPA PFAS guidance, transforming it into a leader in PFAS pretreatment regulation by publicly owned treatment works.
  • Residential well survey and remedial action for affected residents. Residents with private drinking water wells within 2 miles of designated sludge land application sites will qualify for free PFAS testing, with notices to be sent by mail. Depending on the sampling results, residents will be eligible to have their homes connected to the municipal water system free of charge or have a point of entry home filter system installed and operated for free for up to 10 years, subject to certain conditions.
  • Injunction to upgrade the City’s two drinking water plants. The city will be required to continue interim emergency water treatment measures to reduce PFAS in the public water supply, provide more transparency to the public, and make all reasonable efforts to recover costs necessary to upgrade both of its drinking water treatment facilities to meet MCLs and effectively reduce PFAS from third parties.
  • Sludge Field Remedial Injunction. The Consent Decree will include an injunction to cease sludge land application near rivers and water treatment plant source waters, and order the city to make all reasonable efforts to recover costs necessary to reduce or eliminate PFAS discharges from the main sludge field that is contaminating Calhoun’s drinking water supply on the Coosawattee River from third parties.

Click HERE for a map of the area, including the 2-mile zone surrounding designated
sludge fields eligible for well testing and potential remedial action (map for illustrative
purposes only).

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The Southern Environmental Law Center is one of the nation’s most powerful defenders of the
environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region’s air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 200, including more than 120 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C. 
southernenvironment.org


CRBI is a 501(c)(3) grassroots environmental organization based in Rome, Georgia with the mission to protect, preserve, and restore one of North America’s most biologically diverse river systems – the upper Coosa River basin. Since 1993, our staff, board and members have served as advocates for the wise stewardship of the natural resources of the Upper Coosa River basin, or watershed, which stretches from southeastern Tennessee and north central Georgia to Weiss Dam in Northeast Alabama. This includes the Coosa River, the Etowah and Oostanaula rivers and the tributaries of these waterways as well as the land drained by these streams and the air that surrounds this land area. coosa.org