In 1996 the Georgia Chapter of the Sierra Club and other environmental organizations took the EPA to court. The suit charged that EPA had failed to force Georgia to develop and implement the TMDL provisions of the Clean Water Act. The Sierra Club won. In a series of consent decrees, EPA agreed to the following:

• To ensure completion of TMDLs in a timely fashion for all impaired waters in Georgia.
• To take responsibility for developing the TMDLS if the state EPD does not do so.
• To take ultimate responsibility for ensuring the implementation of TMDLs.
• To ensure that TMDLs for all impaired waters in Georgia be completed by specified dates.

The consent decree established a schedule for establishing TMDLs for impaired waters by river basin:

       2000 deadlines: Completion of TMDLs in Suwannee, Satilla, Ochlochnee, St. Mary's basins by June 30 for EPD, by August 30 for EPA.

       2001 deadlines: Completion of TMDLs in the Oconee, Ocmulgee and Altamaha basins June 30 for EPD, August 30 for EPA.

       2002 deadlines: Completion of TMDLs in the Chattahoochee and Flint basins by June 30 for EPD or August 30 for EPA.

       2003 deadlines: Completion of TMDLs in the Coosa, Tallapoosa and Tennessee basins by June 30 for EPD, August 30 for EPA.

Failure to meet the above deadlines could result in the revocation of Georgia's permitting authority. EPA would then have responsibility for permitting all water withdrawals, discharges and transfers in the state, which would prolong the application process for these activities.

Because EPD lacks the resources, the U. S. Environmental Protection Agency has produced many of the TMDLs to meet the deadlines outlined in the consent decree.

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