For approximately 80 years, the City of Savannah has relied on the Abercorn Creek, which is a tidally interconnected tributary of the Savannah River, as the primary source for the supply of drinking water. Currently, the region also relies on Abercorn Creek as the primary source of drinking water and will become increasingly more dependent on this water source since the City of Savannah is already experiencing and expects further projected economic growth related to unprecedented residential, commerce and manufacturing construction. The City is already burdened by increased demands for additional drinking water supply due to the increases in the population of the City of Savannah and the region. 

The increased presence of certain pollutants has threatened the viability of the Abercorn Creek, and the Savannah River, as a continuing supply source for drinking water purposes. In April 2024, the Environmental Protection Agency (EPA) released a final, enforceable National Primary Drinking Water Regulation (“NPDWR”) to establish legally enforceable Maximum Contaminant Levels (“MCLs”) for six perfluorinated chemicals (known as “PFAS”) in drinking water, which are man-made substances that do not occur naturally or breakdown in the environment. These chemicals are used to make textiles, carpet, paper and other products. The NPDWR sets the Maximum Contaminant Level Goal (“MCLG”) for at zero. At the time of the EPA’s announcement, readings of contaminants in the Abercorn Creek watershed were above the MCL of 4 ppt.

The City of Savannah must be able to rely on the supply of source water from the Abercorn Creek for an abundant freshwater resource. The regulatory mandated reductions in groundwater withdrawals, coupled with the increased demands for drinking water production, means that groundwater supply is and will continue to be insufficient to supply the needs of the City of Savannah for the short and long-term needs of the region. Therefore, the City of Savannah must be able to withdraw and treat the Abercorn Creek source water supply to overcome the reduction in groundwater availability for meeting future drinking water demands of the region. The water quality pollution impacts to the Abercorn Creek source water supply caused by the presence of the pollutants in the water, is a threat to Savannah’s ability to produce drinking water that is safe for human consumption and an immediate health threat upon the public in general. It is manifestly injurious to the public health and safety of both the residents of the City of Savannah, as well as any City customers that consume this drinking water.

Consequently, governments (including federal, state, and local) have borne substantial financial and societal burden related to this public health crisis and threat and will incur costs for this nuisance and environmental impairment into the foreseeable future. Upon information, research, and belief, certain manufacturers and distributors, knowing of the serious risks and adverse outcomes related to the use of their products including their discharge into the water supply, purposefully set out to persuade regulators, public water system operators, and the general public that their products were safe and effective. Upon information and belief, contaminants have also been discharged and/or released via industrial discharges into the wastewater and wastewater treatment facilities operated by the City of Savannah.

The Mayor and Aldermen of the City of Savannah find and declare that there exists a public nuisance that threatens the health and safety of the community and the long-term sustainability of the region’s drinking water supply that the City of Savannah relies upon, as well as the operation of the City's wastewater treatment facilities regarding the effluent water quality discharged to receiving waters. The City of Savannah shall pursue such legal action as is available against such manufacturers, distributors, and others as necessary, either by itself or in concert with others, and to the full extent available under the law.

Approval