The Peachtree City Water and Sewerage Authority announced Monday night its plans to respond to what it considers unequal treatment from the state concerning two spills in the city last year.

By a 4-0 vote, the board agreed to notify the Environmental Protection Division that it considers a proposed $32,000 fine “arbitrary and capricious” compared to penalties levied recently to other municipalities for similar incidents.

The issue centers around two spills last summer into Lake Peachtree. A contractor inadvertently shutting off a valve led to about 20,000 gallons being discharged in the first instance, according to WASA general manager Larry Turner, while a root problem produced a spill of several hundred gallons a few weeks later.

Turner said the EPD categorizes spills as major or minor according to whether more or less than 10,000 gallons is discharged.

After the initial proposed consent order, which included the $32,000 figure, WASA made a counterproposal of $11,000. All other issues in the consent order were satisfactory to the city, Turner said.

The most recent EPD response, dated Dec. 16, said that the amount was appropriate due mainly to the fact that Lake Peachtree is a major water source.

Turner disputed that assertion on the basis that the lake was not being used at the time, and that even if it were, WASA could have easily contacted the county and had it taken care of. He added that test samples, which are still being gathered, have been favorable for the city.

The main argument Turner used was a list of recent spill totals and monetary settlements for several other areas in metro Atlanta. His research produced the following incidents and resulting settlements:

Gwinnett County, Aug. 6, for six major spills and 29 minor spills, $11,800.

Gainesville, Aug. 13, for a 500,000-gallon spill, $7,500.

DeKalb County, Oct. 15, for three major spills that killed fish and 26 minor spills, $56,000.

Covington, Oct. 15, for six major spills, $6,250.

Douglasville/Douglas County, Oct. 25, for one major spill and two minor spills, $2,600.

Dallas, Oct. 25, for five major spills, $2,500.

Douglasville/Douglas County, Nov. 5, for one major spill and two minor spills, $3,700.

Cobb County, Nov. 10, for one major spill and 94 minor spills, $14,775.

Cherokee County, Dec. 13, for one major spill and one minor spill, $2,750.

Gainesville, Dec. 13, for a single 400,000-gallon spill into Lake Lanier, $15,000.

Gwinnett County, for 10 major spills and 11 minor spills, $13,750.

WASA has had a total of four spills in the past two years, according to Turner.

“Something doesn't seem right,” he said of the discrepancy between the dollar amount suggested for Peachtree City and what other areas have paid.

Board vice chairman Ted Taylor, who went with Turner to meet with EPD officials, said he thought the amount was “arbitrary and capricious,” and while the state denied it, he believed the city's ability to pay was a consideration.

Board secretary/treasurer John Williams confirmed Taylor's suspicions by pointing out on the official EPD form that ability to pay is listed as one of the factors in determining the proper amount.

Turner again addressed the question of what role a major water source plays in assessing the penalty. He said that any Cobb County incident would involve a portion of the Chattahoochee River upstream from Atlanta, and the Gainesville incident involving Lake Lanier was another obvious example of a major water source.

When making the motion to respond to the EPD, Taylor said that after seeing these facts, he thought the $11,000 figure previously suggested by Turner was probably too high, and $5,000 would probably be more appropriate.

There has been no comment from EPD concerning this data, which they have not specifically seen, Turner said. But the issue of other areas' monetary settlements came up in previous discussions, and EPD officials would only say that all situations are different, Turner added.

Taylor said that the state has failed to distinguish and give reasons why the dollar figures should be so different.

WASA is in a “good position” legally, according to attorney Doug Warner. Constitutional issues of equal protection under the law come into play in this situation, he said, and if the law is applied unequally, then that protection is denied.

“This is so out of line, it's not even a reasonable variance,” said Warner. “It's Draconian.”

A municipality's ability to pay should not be a factor in this type of case, Warner added, saying that he could find no rational basis for the state's decision.

Turner said the matter is still being handled at an administrative level, between him and EPD officials, and will continue to be for a while if necessary. “We can go back and forth another five or six times,” he said.

But if there is no resolution, the EPD would eventually forward the case to the attorney general's office, at which time Warner would become more involved, Turner said.

The board agreed that taking a hard line in this instance was not only favorable, but necessary.

“If we did anything less, we would not be properly defending our customers against unjust fees,” said Williams.

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