Class Action Law Suite!! Demand Clean Water Now: Hold Generation Atlanta, Atlanta Watershed, and Housing Authorities Accountable for Contaminated Water Crisis and Health Epidemic!"

  • by: Jimmy Payne, TI
  • recipient: Residents of Generation Atlanta, Georgia Tech Students (ZIP Codes 30313, 30314), and Atlanta Citizens

To inform all Ga Residents of the contaminated water issues.
Atlanta's water infrastructure, critically strained by decades of underinvestment, mismanagement, and systemic inequities, has reached a crisis point. The June 2024 water main breaks exposed vulnerabilities in aging systems, particularly at Generation Atlanta, a luxury high-rise, where residents endured weeks without water. This report synthesizes findings from federal, state, and local sources to outline systemic failures, contamination risks, and legal/policy responses.

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### **II. Historical Neglect and Mismanagement**
1. **Consent Decree Priorities (1995–2010s):**
- Following a 1995 Clean Water Act lawsuit, Atlanta prioritized sewer system upgrades under federal consent decrees, allocating **5x more funding to sewers than drinking water infrastructure** (Governing, 2024).
- Neglect of drinking water pipelines led to **10–15% annual water loss** from leaks in 2,900 miles of pre-1950s pipes (AJC, 2024).

2. **Corruption and Inefficiency:**
- Former Watershed Management Commissioner Jo Ann Macrina was convicted in 2022 for accepting bribes, exacerbating project delays (Governing, 2024).
- Audits revealed **$200M in unpaid customer bills** and lax asset tracking, including 10,000 lost water meters (AJC, 2024).

---

### **III. Generation Atlanta's Water Crisis**
1. **Prolonged Outages (June–July 2024):**
- Three of four pumps failed, leaving residents without water for weeks. Management blamed citywide main breaks but delayed repairs (Fox5 Atlanta).
- Residents resorted to bottled water and Georgia Tech facilities, violating **implied warranty of habitability** under Georgia tenant law (O.C.G.A. § 44-7-50).

2. **Contamination Risks:**
- **Trihalomethanes (TTHMs):** Levels in Atlanta's water exceed Environmental Working Group (EWG) guidelines by **286x**, linked to chlorine treatment of polluted source water (HomeWater).
- **Hexavalent Chromium and PFAS:** Detected at **7.3x** and **500–9,500x** above safety thresholds, respectively, in regional systems (HomeWater; Fox5 Atlanta).

---

### **IV. Systemic Inequities and Legal Challenges**
1. **Racial and Economic Disparities:**
- In DeKalb County, Black residents face **disproportionate water shut-offs** and liens. A 2024 NAACP Legal Defense Fund study correlated higher Black populations with increased shut-offs (Atlanta Press Collective, 2024).
- Case Study: Cymeve Garrett, a Section 8 voucher holder, received an **$80,000 bill** for a duplex with undetected leaks, later adjusted to $10,000 (AFSC, 2025).

2. **Regulatory Non-Compliance:**
- The RM Clayton Water Reclamation Plant spilled wastewater **21 times since 2023**, incurring **$648,000 in fines** (Governing, 2024).
- Violations of the Clean Water Act persist, with poor treatment discharges into the Chattahoochee River (AJC, 2024).

---

### **V. Legislative and Policy Responses**
1. **Federal Initiatives:**
- **City of Atlanta Water Infrastructure Enhancement Act (2024):** Sponsored by Sens. Ossoff and Warnock, authorizes the U.S. Army Corps of Engineers to upgrade drinking water, wastewater, and stormwater systems (Ossoff/Warnock, 2024).
- **Bipartisan Infrastructure Law Funding:** $993,500 allocated for infrastructure review post-2024 outages (Ossoff/Warnock, 2024).

2. **Local Actions:**
- Mayor Dickens established a blue-ribbon panel and requested federal support for a "best-in-class" system (Governing, 2024).
- DeKalb County's 2021 moratorium on shut-offs lapsed, leading to **4,600 shut-offs in 2023** (Atlanta Press Collective, 2024).

---

### **VI. Recommendations**
1. **Accelerate Infrastructure Upgrades:**
- Increase pipe replacement rate from **5 to 50+ miles annually** to meet ASCE's 2025 recommendations (ASCE Report Card).
- Prioritize PFAS filtration and lead pipe removal under EPA's **2024 PFAS Action Act**.

2. **Equity Measures:**
- Implement income-based billing and state-funded leak assistance programs, mirroring Michigan's **Water Affordability Act**.
- Enforce **Georgia Fair Water Rate Act** (proposed) to cap bills at 2% of household income.

3. **Legal Accountability:**
- Pursue **class-action litigation** against Generation Atlanta for breach of lease agreements and unsafe living conditions.
- Strengthen oversight via **GA EPD audits** and mandatory public reporting of contamination levels.

---

### **VII. Conclusion**
Atlanta's water crisis underscores the consequences of decades of neglect, corruption, and inequitable policymaking. Generation Atlanta's plight exemplifies the urgent need for systemic investment, regulatory enforcement, and community advocacy to ensure safe, affordable water access for all residents.
**Health and Safety Hazards**

Laboratory and public health reports confirm that Atlanta's water supply, including that serving Generation Atlanta, contains hazardous contaminants. Notably:
- **Trihalomethanes (TTHMs):** Present at 286 times the Environmental Working Group (EWG) guidelines, linked to cancer and organ damage.
- **Hexavalent Chromium:** Detected at 7.3 times above EWG recommendations, a known carcinogen.
- **PFAS ("Forever Chemicals"):** Detected at levels above proposed EPA standards, associated with immune and reproductive harm.

During this period, I contracted hepatitis A, which I believe was directly related to unsanitary water conditions and outages in the building. My symptoms included jaundice, fatigue, gastrointestinal distress, and required medical intervention. I have also experienced chronic fatigue, rashes, and vision disturbances, which correlate with water use and the documented contaminants.

**Management's Response and Ongoing Harm**

Despite repeated requests, management has not provided alternative accommodations, failed to communicate transparently, and has not offered reimbursement for medical or living expenses incurred as a result of these conditions. I have also faced harassment and retaliation for raising these concerns, further exacerbating my distress and damages.

i strongly urge everyone to get blood work and examine these facts and summit findings so that our future is not compromised further.

**Prepared by:** Jimmy Payne
**Date:** May 10, 2025

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