After two years of litigation, the city of Tuscaloosa has settled a lawsuit over the city’s chronic sewage spills into local waterways.
The lawsuit was brought against the city in 2023 by Alabama Attorney General Steve Marshall and the Alabama Department of Environmental Management, who accused the city of violating the Alabama Water Pollution Control Act by spilling more than 41 million gallons of raw sewage into local waterways over a five-year period. Soon after the suit was filed, two environmental nonprofits–Black Warrior Riverkeeper and Friends of Hurricane Creek–joined the litigation as intervenors with representation from the Southern Environmental Law Center, SELC, having already threatened their own federal lawsuit against the city.
After the state lawsuit was filed, Tuscaloosa Mayor Walt Maddox defended city operations, saying that 99.9 percent of sewage treated by the city does not overflow and highlighting that Tuscaloosa self-reported the very problems that led to the suit.
However, with Wednesday’s settlement, Tuscaloosa has now officially committed to evaluating and overhauling its sewage system to reduce its spillage rate, promising to invest $18 million in upgrades over the next decade. The city has also pledged to provide more robust public notice when spills do occur in the future, including by posting signs near impacted waterways and recreation areas.
Following the settlement, representatives from Black Warrior Riverkeeper and Friends of Hurricane Creek released statements celebrating the city’s commitment to better address sewage spills moving forward.
“Tuscaloosa’s commitments to reduce untreated sewage overflows and upgrade its wastewater treatment plant are necessary first steps toward achieving Clean Water Act permit compliance,” said Nelson Brooke, Black Warrior Riverkeeper. “We will be monitoring Tuscaloosa’s progress, and we’re encouraged by the city’s promise to properly notify the public when their sewage spills reach creeks, lakes, and the river.”
“These upgrades are meaningful and will help safeguard Hurricane Creek’s water quality,” said John Wathen, Hurricane Creekkeeper. “I am grateful the city plans to take action and make improvements that will make the water safer for families that recreate in Hurricane Creek.”
The SELC also celebrated the agreement, touting the settlement as evidence of the power environmental nonprofits have to effect real-world change.
“This is truly a step in the right direction, and these upgrades will significantly improve Tuscaloosa’s sewage system,” said Sarah Stokes, a senior attorney in SELC’s Alabama office. “This agreement shows the power of having clean water advocates at the table when ADEM and other regulators are making decisions.”
The agreement between the city and the plaintiffs will now go to the Circuit Court of Tuscaloosa, who must approve the settlement before its provisions can officially take effect.
