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PALE files complaint with state

By LINDSAY BIANCHI
lbianchi@TheCitizenNews.com

The Partners Against Laremore Expansion (P.A.L.E.) have filed a formal complaint through the office of Congressman David Scott in hopes of saving their community. According to Anjeanne James, one of the co-presidents of the community group, the wetland area surrounding the Valley Lakes subdivision in Union City is experiencing runoff from the construction going on at the J.C. Laremore Probation Detention Center located in Fulton county adjacent to the subdivision.

“They are using this as a discharge which is displacing the animals.” James said.

The complaint is directed to the Army Corp of Engineers, the National Environmental Protection Department and Agency, and The United States Commission on Civil Rights.

The formal complaint states “We are a residential subdivision located in Union City, Georgia and our wetlands are directly affected by this expansion. According to the Clean Water and Air Act, Section 404: which requires a permit from the U.S. Army Corps of Engineers for discharges of dredged or fill material into waters of the United States, including most wetlands, the States retention pond does funnel directly into our wetland area. This may create future health issues for our residents and it creates a major problem for the established wildlife and wetland area.”

James said her group is determined to stop the expansion.

“I consulted with a conservationist. She elaborated that we needed to find out who owned the wetland area. I found out that we do as a Home Owners Association, so I am filing a formal complaint regarding the ‘disparate impact’ which we as a group would like to challenge the states permitting decision for the execution of the Fulton County Probation Detention Center expansion.” James said.

In addition James stated “We challenge the states decision under Title VI of the Civil Rights Act of 1964.

The filing basis for this challenge is the same mitigating circumstances with regard to the administrative issues of the State and County not forming a Community Relations Board (CRB) of the individuals directly affected. It is apparent that facts relating to this facilities expansion are not in order with the intergovernmental contractual agreement between Fulton County and the state of Georgia as well as blatantly disregarding the governing bodies policies and procedures.

“The facility is being expanded into our backyards and community. This has created several dismal situations for our communities such as Environmental Justice issues, safety issues, storm water runoff and potential for economic obsolescence are just a few. Because the facility has received Federal funding through the VOITS (Prison Grants) program they are expected to adhere to the rules and guidelines of the grant which encompass National Environmental Protection Agency standards and regulations.”

P.A.L.E. is asserting they are victims of environmental racism.

“Our organization, community, homeowners, surrounding neighbors and various political bodies feel our civil rights have been violated by the previous facts mentioned. We are working with Congressman David Scott, Senator Kasim Reed, Fulton County Commissioners, all South Fulton Mayors and the support of our builder D.R. Horton.”