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June 24, 2008

Hanceville citizens suing over spills

By Patrick McCreless

Several area citizens recently filed suit against the Hanceville Water and Sewer Board for allegedly allowing untreated sewage to be discharged from the city wastewater treatment plant into Mud Creek.

The lawsuit — which was filed on June 20 and includes the Southwest Water Company and Sewer Board Co-Manager Sally Alexander — requests the defendants pay compensatory and punitive damages in an amount to be shown at trial to compensate the plaintiffs for the alleged damage caused by the discharges. The lawsuit also requests the court require the board to cease raw sewage discharges from the plant into Mud Creek and to handle all raw sewage in accordance with state and federal regulations.

The plaintiffs, all of whom live along Mud Creek, include Lee Roberts, James White, Jack Howell, Billy and Shirley Rucks, Oscar and Sharron Nichols, Ryan and Ming Stephens and Mike and Donna Cook.

“It’s just something that had to come,” Roberts said. “It’s just the honest truth.”

The lawsuit cites several instances over the past year in which the plant had discharged a total of approximately 2 million gallons of raw sewage into Mud Creek and states the facility has a long history of improper discharges.

The Alabama Department of Environmental Management (ADEM) filed suit against the board on May 28 for several unpermitted discharges from the Hanceville Wastewater Treatment Plant into Mud Creek that occurred in January 2008.

The plaintiffs allege their properties have been flooded with raw sewage in the past due to the plant’s unpermitted discharges.

“It has dried into the ground now,” Roberts said. “It smelled horrible. No doubt it devalued my property.”

The plaintiffs also allege their pets play in the creek and come back smelling like raw sewage and that they cannot allow their children, grandchildren and friends to play in the creek or along its tributaries.

“Basically we’re a water-loving family,” Stephens said. “I teach my family how to kayak. Now when my relatives come over, I can’t in good conscience let them go into the water.”

Stephens said citizens are supposed to be notified if a discharge occurs at the wastewater treatment plant but that he received no such information until long after several of the discharges had already happened.

“Nobody knows how much raw sewage we’ve really been exposed to,” Stephens said.

Due to the discharges, the plaintiffs state in the lawsuit that they are afraid for their health and safety. Roberts suspects he and his wife have both been impacted by sewage.

“No doubt I’ve got breathing problems from it,” Roberts said. “My wife had to take hepatitis shots.”

To Stephens, the lawsuit is not about money.

“I’m just fighting for my rights,” Stephens said. “I shouldn’t have to be exposed to raw sewage. I hope they get this message that this can’t go on.”

Alexander declined to comment, stating she did not know anything about the lawsuit because the court has yet to inform her about it.

“I haven’t been served yet,” she said.

A trial date for the suit has not been set.

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