In a statement released last week, Daphne Utilities General Manager Danny Lyndall released a statement in response to a notice of intent to sue filed against the utility by Mobile Baykeeper.

According to Mobile Baykeeper, the utility has failed to comply with its permit by falsely reporting sewer spill data and failing to report sewer spills into D’Olive Creek, which eventually discharge into Mobile Bay.

Lyndall said he continues to be disappointed by the actions taken by Baykeeper, but said Daphne Utilities continues to work to try to improve its system and its ability to meet the needs of its customers.

In his statement, Lyndall wrote:

“Daphne Utilities, its board of directors, management and valued employees steadfastly stand behind our reputation as a quality provider of water, sewer and natural gas services to our Eastern Shore Community. It is a reputation earned from our commitment to serving our customers and protecting our environment. Because of this, our organization has been recognized at the local and national levels for the high standards we set for ourselves, our innovative approaches, and performance-driven efforts. Among our most notable recognition, the Alabama Department of Environmental Management (ADEM) and the Environmental Protection Agency (EPA) have held Daphne Utilities up as a utility to be emulated by our peers. We are immensely proud of our many achievements and the dedicated and loyal team of utility professionals who helped us to achieve them.

“Are there challenges? Certainly. Daphne is one of the fastest growing cities in our state and the country. This growth puts enormous demand on the capacity of our water, sewer, and natural gas systems. Our buried infrastructure is aging and continues to require costly upgrades, rehabilitation, and replacement. Over the last ten years, we have invested $30 million dollars into regulatory and capacity upgrades for our system, as well as necessary repairs and rehabilitation to meet customer needs. And, even more will be required in the coming years.

“We are confident all future challenges will be met with the same professional expertise and foresight as we have demonstrated in the past, and Daphne Utilities will continue to be known as an industry leader.”

Mobile Baykeeper said they filed this 60-day NOIS because of a history of violations. Since January 2015, Daphne Utilities reported 26 sewer overflows totaling more than 743,220 gallons of sewage, incorrectly reported the name of waterways affected by various spills, and exceeded pollution discharge limits allowed by the plant’s permit.

According to the organization, they believe the most egregious violation occurred on August 11, when more than one million gallons of raw sewage spilled from the 29280 North Main Street treatment plant into D’Olive Creek. The spill was reported by Daphne Utilities as “zero gallons” reaching waterways.

“This is completely unacceptable,” said Casi Callaway, Mobile Baykeeper Executive Director. “Upper management at Daphne Utilities has knowingly reported false sewer spill data, endangering our health and our ability to enjoy swimming and fishing in Mobile Bay. We will not let them continue to jeopardize the health and safety of our community.”

According to J. Patrick Courtney, attorney for Mobile Baykeeper, this type of fraudulent reporting has likely been occurring for much longer due to an entrenched company culture.

“This type of leadership demonstrates a complete disregard for the health and safety of those who live in and around D’Olive Creek and Mobile Bay,” Courtney said.