Environmental groups sent a letter threatening to file suit against Hartsfield-Jackson Atlanta International Airport for spills of fuel, sewage and other substances into the Flint River and its tributaries over a period of years.
The Southern Environmental Law Center and the Flint Riverkeeper in the letter said the pollution violates the federal Clean Water Act and “poses a threat to drinking water supplies downstream and to aquatic life.” They added that the Flint River provides drinking water to more than 400,000 people downstream of the airport.
The environmental groups, however, also said they are “willing to discuss effective remedies for the violations detailed in this letter.” The letter represents a 60-day notice of intent to sue required under the Clean Water Act, which presents the possibility of negotiations instead of litigation.
The letter said if litigation is necessary, the Flint Riverkeeper will seek an injunction, civil penalties and litigation costs.
Hartsfield-Jackson and the city of Atlanta, which owns and operates the airport, did not immediately respond to requests for comment on Wednesday.
After a spill earlier this year, the airport said it “remains committed to transparency, environmental stewardship, and the safety of our employees, partners, and the surrounding community.”
Longstanding tensions
Conflict and tension have simmered for years between environmentalists and the Atlanta airport, especially after major spills.
Credit: Finding the Flint
Credit: Finding the Flint
The Flint River’s headwaters are just north of the world’s busiest airport, and it flows underneath Hartsfield-Jackson. Spills from the airport over the years have periodically contaminated the river, killed fish and prompted concerns from water systems that draw drinking water from the river miles downstream.
Hartsfield-Jackson has attempted to mend relations, including through Flint River cleanup events in partnership with the Flint Riverkeeper, and an exhibit about the Flint River that was installed on Concourse E.
But the recurrence of spills dredges up the clash between the airport and those seeking to protect the Flint River from contamination.
The SELC said the airport has “repeatedly spilled jet fuel, deicing fluid, sewage, and other pollutants from its stormwater and sewage infrastructure into the Flint River, Sullivan Creek, and Mud Creek.”
It said there have been three major fuel spills from the airport this year so far, most recently over Memorial Day weekend. That followed a spill of thousands of gallons of fuel into the Flint in late January and another spill in April.
Credit: Ben Hendren
Credit: Ben Hendren
The SELC also said “forever chemicals” exceeding certain federal drinking water limits have been detected in the Flint River.
Known by their chemical name per- and polyfluoroalkyl substances, or PFAS, for short, “forever chemicals” have been used for years in firefighting foam, food wrappers, non-stick cookware, stain-resistant flooring and other products. They are called “forever chemicals” because the compounds do not easily break down in nature and have been linked to a number of health conditions, including fertility problems and increased risk of certain cancers, along with developmental delays and muted vaccine responses in children.
The environmental groups’ letter said the city has failed to put in measures to prevent future spills and discharges of jet fuel, sewage, de-icing chemicals, garbage and PFAS.
After the January jet fuel spill, an airport spokesperson issued a statement acknowledging the spill and added that “from the outset of this incident, the airport has prioritized rapid containment, environmental protection, and full regulatory compliance.”
But as that spill was prompting complaints and concerns from residents downstream about water quality and an odor in the water in the days that followed, Flint Riverkeeper Gordon Rogers voiced frustration and said he was considering his legal options.
“This shouldn’t be happening and it’s been going on for years‚” he told The Atlanta Journal-Constitution at the time. “We’ve just run out of patience.”
“There should be no way (for jet fuel) to get to the river,” Rogers said. “But yet it keeps happening.”
The spill was caused by a failure of a part on an underground fueling pump, according to an Atlanta Fire Rescue response report after the spill. The incident is under investigation by the state Environmental Protection Division.
On Wednesday, Rogers said in a written statement: “Despite Flint Riverkeeper’s decade-long efforts to work alongside and encourage airport officials to address its pollution, allowing this pattern to continue is unacceptable for the downstream communities, farmers, businesses, paddlers, hunters, and anglers that depend on a clean, healthy river.
“We hope the City of Atlanta will take immediate action to address this pollution and be better stewards of the Flint River,” Rogers added.
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