Environmental group, residents file notice of intent to sue QTS data center in Fayetteville alleging violation of Clean Water Act
The Flint Riverkeeper and local residents have filed a 60-day notice of intent to sue the QTS data center in Fayetteville, Georgia. They allege ongoing discharges of sediment-laden stormwater and other pollutants, violating the Clean Water Act. The notice states that despite mitigation efforts, discharges have continued and exceeded permit limits on numerous occasions.
The Flint Riverkeeper organization, along with several local residents, has formally issued a 60-day notice of intent to sue the QTS data center located in Fayetteville, Georgia. The notice, filed on May 28, alleges that the facility has been responsible for "ongoing discharges of sediment-laden stormwater and other pollutants" since construction began in 2023, constituting a violation of the Clean Water Act.
The complaint specifies a stream near Sandy Creek, west of the data center, as the affected waterway. It details that the site has experienced persistent stormwater management issues, including previous stop-work orders due to visible sediment discharges into nearby waters and wetlands. Furthermore, water samples from the site have shown unusual characteristics and elevated concentrations of iron and other metals, raising concerns about potential chemical additives.
Despite QTS implementing enhanced mitigation practices in early 2024, the notice claims that "sediment-laden discharges... have not ceased," with over 50 instances of permit limit exceedances following rain events since early 2024, including more than a dozen this year. The plaintiffs also allege intentional discharges through pumping on multiple occasions. QTS declined to comment, citing a policy against discussing active or potential litigation. The notice indicates the parties are open to discussing a resolution within the 60-day period before proceeding with legal action in court.