Environmental groups Black Warrior Riverkeeper, Hurricane Creek and the Southern Environmental Law Center say that rampant sewage overflows in Tuscaloosa are more heavily impacting Black and low-income communities within the city.

The groups filed a notice of intent to sue the city in July, citing nearly 42 million gallons of sewage overflows and hundreds of permit violations that were self-reported by the city from 2017 to 2023.

The groups say the city’s own reports show more than 350 illegal sewage overflows and more than 1,000 violations of its wastewater discharge permit.

The city of Tuscaloosa did not immediately respond to requests for comment on this story.

A map of the reported violations compiled by the Southern Environmental Law Center shows “a disproportionate amount of chronic sewage overflows in predominantly Black communities,” the groups said Monday.

“Tuscaloosa’s sewage spills have been happening for over two decades while we have been encouraging Tuscaloosa to clean up its act and properly notify communities,” Black Warrior Riverkeeper Nelson Brooke said in a news release. “It is unacceptable that the city has allowed raw sewage and industrial wastewater to pollute local streams and the river for years, which is disproportionately impacting Black and low-income communities in Tuscaloosa.”

According to the U.S. Environmental Protection Agency, untreated or partially treated sewage can contain bacteria, virus, parasite, molds, and fungi. People who come in contact with raw sewage risk health hazards ranging from mild gastroenteritis (causing stomach cramps and diarrhea) to life-threatening ailments such as cholera, dysentery, infections hepatitis, and severe gastroenteritis.

In addition to impacting minority communities, the groups say more than half of Tuscaloosa’s sewage overflows occurred during dry weather, indicating that the city’s system is failing. They say they attempted to meet with city officials on multiple occasions to discuss the overflows, but the city did not respond.

Black Warrior Riverkeeper says it collected water samples showing chloride, aluminum, barium, manganese, iron, and sodium. During visits to sewer system sites, Hurricane Creekkeeper observed sewage stations in disrepair, including metal corrosion from apparent hydrogen sulfide leaks.

“Families bringing their children to play and swim in Hurricane Creek Park had no clue they were exposing them to raw sewage,” said John Wathen, Hurricane Creekkeeper.

Alabama assumes control of prosecuting violations

Under the Clean Water Act, individual citizens or groups like the Riverkeepers are allowed to file lawsuits alleging violations, but are required to file formal notice of their intent to sue at least 60 days in advance.

The state then has 60 days to step in. A state regulatory agency, such as the Alabama Department of Environmental Management, can intervene within that 60-day period and assume control of prosecuting the alleged violations. In that case, the suit would not go forward.

ADEM and the Alabama Attorney General’s Office filed a lawsuit against the city of Tuscaloosa on Sept. 22, negating the environmental groups’ right to file a separate lawsuit. On Monday, the groups asked the court for intervenor status in the state’s lawsuit to ensure that the concerns of their members are represented in the legal proceedings.

“This isn’t the first time that Tuscaloosa has been sued for its sewage overflows,” said Sarah Stokes, Senior Attorney with SELC. “Our clients want to join in the state case and to convince Tuscaloosa to provide meaningful and permanent solutions this time.”

The lawsuit filed by the state charges the city with numerous violations of its operating permit, including the sewer overflows, as well as failure to submit required non-compliance notification reports on time, and for discharging water that was over its permit limits for pH, E. coli, ammonia as nitrogen and total suspended solids.

The state is asking the court to order the city to take action to stop the overflows and permit violations and to impose a penalty on the city for allowing the violations to occur.