PENSACOLA, Fla. – A Pensacola man has sued a public utility, alleging it has been discharging raw or untreated sewage directly into a nearby bay and its tributaries in violation of federal law.
Plaintiff Charles R. Higdon filed his lawsuit last month in the U.S. District Court for the Northern District of Florida, Pensacola Division.
The named defendant is Emerald Coast Utilities Authority, or ECUA. ECUA is a public utility serving Escambia County and Pensacola. According to the filing, ECUA owns and operates an extensive system of sanitary sewage collection and three domestic wastewater treatment facilities.
“Discharges harm Escambia Bay, the Gulf of Mexico, and other water bodies, streams, or tributaries in or around Pensacola and pose a serious risk to fisheries, wildlife habitat, and human health,” Higdon’s nine-page complaint states.
He claims since at least 2019 ECUA has “repeatedly” discharged raw and/or untreated sewage into Skinner Mill Creek, Graveyard Branch, and Escambia Bay. He alleges the discharges have spilled from the utility’s sewer lines, manholes, lift stations, and other equipment.
The discharges, Higdon alleges, contain human waste, viruses, protozoa, mold spores, and bacteria that are “known pathogens” that cause disease in humans and wildlife.
In addition, he contends nutrient-loading due to ECUA’s discharges has caused or contributed to the increased length and severity of algae blooms in the bay and surrounding waters.
In October, Higdon issued a 60-day notice letter to ECUA, informing it of its Clean Water Act violations and his intention to sue the utility. The letter also was sent to the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the program administrator for the DEP Water Quality Standards Program.
Higdon believes that neither the EPA nor the state of Florida has “commenced or is diligently prosecuting an action to redress the violations” alleged in the notice letter.
The CWA prohibits the discharge of any pollutant into U.S. waters unless the discharge complies with the federal law. It also provides for citizen enforcement actions for violations. Under the law, violators are subjected to a penalty per day per violation.
Higdon contends Escambia Bay, Skinner Mill Creek, and Graveyard Branch are U.S. waters “and/or have a significant nexus” to U.S. waters, and thus are navigable waters as defined by the CWA.
Escambia Bay, in particular, is an “ecologically sensitive” body of water and a “defining feature” of the region, according to the filing.
“Escambia Bay is an important and heavily used resource, with special aesthetic and recreational significance for people living in the surrounding communities, including Plaintiff,” the complaint states. “Escambia Bay has numerous points of public access that offer unique recreational opportunities for swimmers, kayakers, windsurfers, sport fishers, and other recreational users.”
Higdon argues ECUA’s discharges put people at risk of illness, be it from recreational use or consuming contaminated fish and seafood.
He seeks an order enjoining ECUA from discharging sewage to U.S. waters without a permit; civil penalties assessed against the utility; and an award for his costs of the lawsuit, including attorney’s and consulting fees.
Guilday Law PA in Tallahassee is representing Higdon in the action.
