In November, 2004, the environmental community and the Lake Lanier Association won a major victory when the Georgia Supreme Court issued a ruling on Gwinnett County’s proposal to discharge 40 million gallons per day of treated wastewater into Lake Lanier. This ruling rendered the EPD approved Gwinnett County permit illegal and it was sent back to EPD. This brought to a close the four and one-half year lawsuit between Gwinnett, EPD, and the Lake Lanier Association.
The primary judgment was based on Georgia’s own Anti-Degradation rules stating that
“high quality waters should not be degraded in any way unless it has been affirmatively demonstrated to the State that a change is justifiable to provide necessary social or economic development and provided further, that the level of treatment required is the highest and best practicable under existing technology to protect existing beneficial water uses. All requirements in the Federal Regulations 40 C.F.R.131.12 will be achieved before lowering of water quality is allowed for high quality water”.*
With the Supreme court ruling and assistance from State House Representative John Heard (R. Lawrenceville), the Lake Lanier Association began a round of negotiations with Gwinnett County to reach an agreement on new specifications which would be consistent with the capabilities of the Hill Plant and with Georgia’s Anti Degradation rules requiring a high level of treatment of wastewater discharges. These negotiations resulted in a 50% to 90% reduction in levels of pollutants from the original permit issued by EPD.
A second, and most important goal of these negotiations, was to move the location of the discharge pipe from a relatively shallow full pool depth of 35’, in close proximity to the Shoal Creek Recreation area. Gwinnett agreed to move the pipe to a location directly upstream from the Buford Dam and to discharge at a depth of approximately 100'.
The issue of the warm temperature of the discharge was mitigated by this change of location and the depth of the water. The new location would require that the pipes would run from the plant, for one mile under the lake, discharging at a point deep under the lake. Turbines in the dam itself oxygenate water as it flows through, providing cold, fresh, oxygen-rich water down stream which is so vital to Georgia’s Trout Fishery.
*Chapter 391-3-6-03 (2)