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	Name:	redleg6 -
	Subject:	SANDY CREEK ACTION
	Date:	5/15/2007 5:42:09 PM

Osms:
Here is a bit of information on the Dadeville situation that might be of interest to you and other Forum readers.

In response to an earlier post about getting an attorney to pursue a suit, our legal counsel advises that once the State Attorney General files suit, another suit filed for violations of the Clean Water Act is basically precluded because the burden of proof is so high. You must convince a court that the State is not "diligently prosecuting" the case. That's what preempted a possible Lake Watch suit.

Of course, a suit for damage to property can be filed...but again, the burden of proof.....

Be assured that Lake Watch is directly involved in making certain Dadeville does what must be done. Among other things, we have a monitoring program in the Sandy Creek area and will add a bacteria protocol this summer to see what the treatment plant discharge is doing to the lake in that area. I will post results periodically if anyone is interested.

However, our bacteria protocol is limited to a simple test for e-coli and is not lab quality. If we begin getting spikes in our testing, we usually call in the health department.

Readers should know that Lake Watch recently wrote to the Alabama Department of Environmental Management requesting they conduct a public hearing before any action is taken to renew the Dadeville plant's permit (it expires 30 June 2007). We've asked that the hearing be either in Dadeville High School or Central Alabama Community College in Alex City. The purpose is to allow citizens an opportunity to ask exactly what ADEM plans to get the treatment plant into compliance.

Readers can help get this public hearing by writing to ADEM, ATTN: James McIndoe, Chief, Water Division, P.O. Box 301463, Montgomery, AL 36130-1463. Refer to NPDES Permit No. AL0063797.