Tag Archives: manhole

Open manhole lawsuits

The City of Valdosta is lucky nobody fell into that open manhole it says is part of manhole rehabilitation. That manhole is next to the Azalea Trail where whole families with small children walk, and on Valdosta State University property next to the VSU Recreation Center.

[Manhole dug down]
Manhole dug down

Mario Cattabiani, RossFellerCasey, 20 March 2014, $85 Million Verdict For Student Who Fell Into Open Manhole,

Founding partner Matt Casey argued in court that defendant Trigen-Philadelphia Energy Corp. failed to properly secure the manhole, which had been removed by a homeless man shortly before Gustafsson happened by that fateful day. The trial lasted three weeks, featured thousands of documents and a closing scene that played out as if written in a Hollywood script. As the jury was set to return a verdict, at literally the last minute, the insurer offered to settle the case for $10 million—a sum Casey, in consultation with his client, rejected. Just moments later, the jury awarded the former promising medical student $85 million.

McAleer Law Firm, 21 April 2020, A Plaintiff’s Evidentiary Burden in Georgia Personal Injury Lawsuits against the Government

Recently, a state appellate court issued an opinion in an appeal from a judgment in favor of a plaintiff in her lawsuit against the City of Atlanta. The woman filed a lawsuit to recover for damages she incurred after driving into an open manhole. The woman contended that the government should be liable for her injuries because the manhole was a public nuisance. The city appealed a jury finding in favor of the woman, arguing that the woman did not meet her evidentiary burden.

Under Georgia law, a municipality “may be held liable for damages it causes to a third party from the operation or maintenance of a nuisance, irrespective of whether it is exercising a governmental or municipal function.” To recover for damages plaintiffs must present evidence that: Continue reading →

Response: Valdosta says it is manhole rehabilitation at One Mile Branch near Sustella Ave. 2020-06-04

Other than to wonder how 9:24 AM (when I asked) to 8:42 PM (when I posted the previous) adds up to a “5.5-6 hour window”, I am posting this exactly as received at 11:40 AM today. -jsq

[Inside manhole]
Inside manhole

Darryl Muse
Attachments
11:40 AM (3 hours ago)
to Scott, Scott, Ashlyn, Tim, Mark, me

Mr. Quarterman, On yesterday the Department, including Mr. Fowler were in the field preparing for anticipated significant rain events over the next several days. As a result, there was no response within the 5.5-6 hour window you noted in your email. Included in this reply is your email to Mr. Fowler so we all can be on the same page as it relates to your request.

Continue reading →

One Mile Branch Sewage Spill @ Sustella Ave., VSU 2020-06-02

Update 2020-06-04: Response: Valdosta says it is manhole rehabilitation at One Mile Branch near Sustella Ave. 2020-06-04

Scotti Jay smelled a sewer spill. He found an open manhole, a bunch of hoses, and tracks of large trucks, presumably Valdosta Utilities pumper trucks. We don’t know, because Valdosta has not answered an inquiry from this morning.

[Hose and manhole]
Hose and manhole

This is on Onemile Branch behind the Valdosta State University (VSU) Recreation Center, downstream from Sustella Ave.

The good news from Sara Jay’s water quality testing: she got Continue reading →

Send your comment on GA-EPD Valdosta wastewater Consent Order –Albany Herald

Update 2024-02-22: Slight update on this Consent Order in Valdosta Boone Drive and Knob Hill small sewage spills 2024-02-20.

Update 2023-11-09: GA-EPD Consent Order on Valdosta for One Mile Branch fish kill and sewage spills 2023-09-15.

In the Albany Herald, May 9, 2020, Deadline set to comment on Valdosta EPD Enforcement Order,

The Enforcement Order includes a fine, plus many requirements for management and technology.

“Well, I’m glad they are doing the enforcement order, requiring them to get the fixes in place,” said Deanna Mericle of Hamilton County, Fla., who was among the WWALS members who met with the city of Valdosta back in 2015 about these same sewage issues. “I’m not sure what the $122,000 will be used for, but the fine seems small. I just want the problem fixed for good if possible.”

The rest of the article is from the WWALS press release.

Send your comments by Wednesday, May 27, 2020, to:
   Mr. Lewis Hays
   Manager, Watershed Compliance
   Environmental Protection Division
   2 Martin Luther King Jr. Drive SE, Suite 1152 East
   Atlanta, GA 30334
   Lewis.Hays@dnr.ga.gov
   404-463-4953

This is not the kind of black water we want:

[Photo 4: Confluence of Sugar Creek and Withlacoochee River.]
Photo 4: Confluence of Sugar Creek and Withlacoochee River. By Tim Bonvechio.

The entire 93-page Order is on the WWALS website, here:
https://wwals.net/pictures/2020-04-13–ga-epd-vld-enforcement-order

“This Order has been a long time coming. It includes an outline of a sad history of mistakes and neglect. I hope the Order Continue reading →

Three weeks to comment on GA-EPD Valdosta wastewater Consent Order

Update 2023-11-09: GA-EPD Consent Order on Valdosta for One Mile Branch fish kill and sewage spills 2023-09-15.

Update 2020-05-10: Send your comment on GA-EPD Valdosta wastewater Consent Order –Albany Herald.

FOR IMMEDIATE RELEASE (see also PDF)

Three weeks to comment on GA-EPD Valdosta wastewater Consent Order

Hahira, GA, May 4, 2020 — May 27th is the deadline to comment on the Enforcement Order the Georgia Environmental Protection Division (GA-EPD) finally issued on Valdosta for sewage spills. For decades, Valdosta has spilled wastewater into the Withlacoochee River. People downstream, even on the Suwannee River all the way to the Gulf, worry about fishing, swimming, or even boating and some even say their wells are contaminated by fecal bacteria from these spills. Many had hoped that Valdosta’s big spills were over in 2016 with the new Withlacoochee Wastewater Treatment Plant uphill out of the flood plain, plus a Force Main with two Pump Stations. Valdosta says it has spent about $80 million on water system improvements. Yet the spills continued. The Order also reveals a massive fish kill.

[Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.]
Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.

“The December 2019 spill was the biggest yet, with no rain, and nothing actually broke. It was a massive failure of supervision,” said Suwannee Riverkeeper John S. Quarterman. “Citizens and elected and appointed officials in Georgia and a dozen counties in Florida demanded something be done.”

This Enforcement Order includes the most popular request, a fine, plus many requirements for management and technology.

“Well, I’m glad they are doing the enforcement order, requiring them to get the fixes in place,” said Deanna Mericle of Hamilton County, Florida, who was among the WWALS members who met with the City of Valdosta back in 2015 about these same sewage issues. She added, “I’m not sure what the $122,000 will be used for, but the fine seems small. I just want the problem fixed for good if possible.”

The Order addresses much (but not all) of what Suwannee Riverkeeper asked GA-EPD to do: https://wwals.net/?p=50979 For example, it requires the City to test water quality all the way down to the state line. One thing it does not include is any requirements for reimbursing downstream well and river testing expenses.

“It’s good to see that the EPD is FINALLY taking this issue seriously!” said Suzy Hall, WWALS Testing Committee Chair. “I can’t help but feel WWALS’ diligence in testing has been a big part of this action, and must continue regardless of any order for the City to conduct testing.”

The entire 93-page Order is on the WWALS website, here:
https://wwals.net/pictures/2020-04-13–ga-epd-vld-enforcement-order

“This Order has been a long time coming. It includes an outline of a sad history of mistakes and neglect. I hope the Order will finally get the City’s attention,” said Dr. Tom Potter, WWALS Science Committee Chair and taxpayer of the City of Valdosta.

Send your comments by Wednesday, May 27, 2020, to:
   Mr. Lewis Hays
   Manager, Watershed Compliance
   Environmental Protection Division
   2 Martin Luther King Jr. Drive SE, Suite 1152 East
   Atlanta, GA 30334
   Lewis.Hays@dnr.ga.gov
   404-463-4953

About WWALS: Founded in June 2012, WWALS Watershed Coalition, Inc. (WWALS) advocates for conservation and stewardship of the Withlacoochee, Willacoochee, Alapaha, Little, Santa Fe, and Suwannee River watersheds in south Georgia and north Florida through education, awareness, environmental monitoring, and citizen activities. John S. Quarterman is the Suwannee Riverkeeper®, which is a staff position and a project of WWALS as the member of Waterkeeper® Alliance for the Suwannee River Basin.

Contact: John S. Quarterman, Suwannee Riverkeeper contact@suwanneeriverkeeper.org
WWALS Watershed Coalition
850-290-2350, 229-242-0102
PO Box 88, Hahira, GA 31632

===

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

GA-EPD Enforcement Order for Valdosta wastewater with fine 2020-04-13

Update 2020-05-04: Press Release, Three weeks to comment on GA-EPD Valdosta wastewater Consent Order.

Much of what many people requested is in this Enforcement Order EPD-WP-8904 of the Public Notice of April 27, 2020.

[Photo 1: Site where sewage flowed out of manhole into Sugar Creek.]
Photo 1: Site where sewage flowed out of manhole into Sugar Creek.

Perhaps the most popular request, a fine, is included. As a Project In-Lieu of Penalty (PIP) stream testing is required, three times a week, down to the state line. Plus: “The Respondent shall post all the results of biological monitoring required after major spills to its website and to the Georgia EPD Adopt-A-Stream website within one business day of receipt of the results.”

All 250 sewer line creek crossings must be inspected by drone crews.

Valdosta must notify many Florida agencies, plus in Georgia Lowndes Health and Brooks EMA.

Other things are missing. WWALS is not on that notification list, for example.

[Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.]
Photo 2: Dead largemouth bass in Sugar Creek below Bay Tree Road.

And the Order reveals some Valdosta violations the public never knew about, such as a massive fish kill in December 2019. The cost of that calculated by GA-DNR Wildlife Division seems inadequate, since it doesn’t take into account people being unwilling to fish on the Withlacoochee River, for example.

If you think there should be more or changed requirements, the Public Comment period ends May 27, 2020.

Send comments to: Continue reading →

Moody AFB sewage spill, Mission Lake 2019-08-06

Update 2021-04-02: Moody AFB NPDES Permit No. GA0020001, which affects not only Beatty Branch in the Withlacoochee River Basin, but also Mission Lake and Grand Bay in the Alapaha River Basin, via “Sanitary, groundwater infiltration, runoff, potable water treatment plant, and vehicle maintenance.”

Did you know Moody Air Force Base had two sewage spills this month? Thanks to GA-EPD, we knew about them, and Moody AFB posted news reports on both of them. One went into Mission Lake, upstream from Grand Bay and the Alapaha River. The other went into Beatty Branch, upstream from Cat Creek and the Withlacoochee River.

[Building 769 and Mission Lake]
Building 769 and Mission Lake

23d Wing Public Affairs, News, 7 August 2019, Sewage Spill Notification, Continue reading →

Testing One Mile Branch after Sewage Spill 2019-06-24

Pretty clean at the bottom of Vallotton Park (33.3 cfu/100 ml), but rather dirty at the top of Drexel Park (533 cfu/100 ml), on Onemile Branch, with the site of last week’s FOG sewage spill in between; that’s what WWALS water quality testers Sara Squires Jones and Scotti Jay found Monday. These numbers are for the disease-causing bacteria E. coli. The state limit is 200 colony-forming units per 100 mililiters of water (cfu/100 ml). That 533 reading is still below the state’s 1000 limit for real alarm, but it’s still not good.

[#1: 6 colonies]
Downstream #1: 6 colonies

This map shows in red the spill location on Ashley Street near La Jalisco Supermercado, with the testing locations in blue, at North Lee Street near Mr. B’s IGA at Vallotton Park, and at Williams Street at the east end of Drexel Park.

[Spill and testing locations]
Map: Withlacoochee and Little River Water Trail (WLRWT), with added Spill and testing locations. Continue reading →

The rest of the Valdosta wastewater story at SRWMD 2019-02-12

Valdosta Utilities naturally painted as rosy a picture as possible, and newspapers have limited space, so here is the rest of the story about Valdosta wastewater at the Suwannee River Water Management District board meeting last Tuesday. SRWMD Chair Virginia H. Johns understands the stigma, and Board Member Virginia Sanchez spelled it out:

SRWMD Chair Virginia H. Johns

“You don’t want to swim in a little sewage versus a lot of sewage either. Both of them are bad. A spill is bad.”

Featured in this post, drawing from the WWALS videos of all the relevant speakers, are Valdosta Utilities Director Darryl Muse, who talked about the catch basin Valdosta is digging, Suwannee Riverkeeper John S. Quarterman, who filled in many pieces omitted by Valdosta and FDEP, and Hamilton County resident Jim McBrayer, who got the attention of the SRWMD board by saying there was E. coli in his well and SRWMD should know where it came from, plus especially the very participatory SRWMD board, who made it pretty clear to FDEP they wanted data by their next meeting, and they wanted Valdosta to move along in fixing their problems in less than a hundred years.

Let’s not forget Merrillee Malwitz-Jipson, who pointed out something Valdosta doesn’t want to hear: it’s the stigma of sewage spills that is the big problem they are causing. For sure we need to find out what the specific health and other effects are of Valdosta sewage and other contamination on river water and nearby wells. But the stigma of Valdosta sewage goes far beyond that.

Darryl Muse, Utilities Director, Valdosta

In the WWALS video, Continue reading →

Videos: Valdosta Wastewater at SRWMD Board 2019-02-12

Update 2019-02-18: The rest of the Valdosta wastewater story at SRWMD 2019-02-12.

The most direct interaction by the Suwannee River Water Management District (SRWMD) Board that I’ve ever seen, yesterday, when Valdosta Utilities Director Darryl Muse came to explain what Valdosta has done and is doing to stop its sewage spills. Neither the board nor the audience seemed satisfied.

[Movie: Darryl Muse, Utilities Director, Valdosta (1458M)]
Movie: Darryl Muse, Utilities Director, Valdosta (1458M)

Stay tuned for another post about some of what was said. Meanwhile, below are links to each WWALS video of each speaker or agenda item, with a few notes. These WWALS videos are under a Creative Commons Attribution license, which means you can use them, provide you cite the source, which is WWALS. There are a few more pictures on the WWALS website. See also the agenda. For background and data, see: Continue reading →