GAINESVILLE, GA. — Custom poultry processor Gold Creek Foods LLC filed a lawsuit on April 12 against the city of Dawsonville, Ga., and seven city officials over surcharges and penalties related to wastewater discharge at its local processing plant.

Gold Creek alleged that the city has classified the processor’s wastewater as “high strength” even though it had met all the effluent limits. Consequently, the city and its officials assessed surcharges and penalties against Gold Creek for purported ordinance violations as well as threatened to turn off its water and sewer service.

Gold Creek has operated in Dawsonville since 2004 and currently employs over 400 people at the facility. The further processing plant processes approximately 3.4 million lbs of poultry per week and uses around 181,000 gallons of water per week.

“In order to process poultry at the plant in Dawsonville, it is essential and necessary that Gold Creek have the continuous service and supply of water,” the company stated in the complaint, adding that termination of water and sewer services would cause irreparable harm to the business and its customers.

Gold Creek noted that its plant discharges sewage from the restrooms within the facility through a separate collection system from the industrial wastewater.

In 2018, the company invested in an upgraded pre-treatment facility at the Dawsonville plant that processes and treats industrial wastewater before it is discharged into the city’s sewerage system.

On a weekly basis, Gold Creek tests the industrial wastewater discharges and has found the samples to be in compliance with the Environmental Protection Division (EPD) Permit, which does not meet the definition of “high strength wastewater.”

The company believes that the city’s current testing station for wastewater is located where sanitary water and industrial water commingle, contrary to the testing method in the EPD Permit.

Gold Creek is the city’s only industrial customer, according to the court documents, and the city is the sole supplier of water and sewer services in Dawsonville.

Gold Creek is seeking preliminary and permanent injunction to prevent the termination of water and sewer services as well as prevent continued surcharges and penalties under “illegal and unconstitutional” ordinances, the complaint said. In addition, the company asked for compensation for costs of litigation.