Water Permit Appeals

Helping Tennesseans Protect Our Waters

 

TCWN ENDS 30-YEAR BATTLE, GRANTS CITIZEN RIGHT TO APPEAL WATER QUALITY PERMITS

(June 7, 2005) For the first time in 30 years, all Tennesseans have the tools to protect the health and quality of their waterways. Many thanks to our membership for their support.

TCWN and Tennessee Conservation Voters lead a coalition of environmental groups across the state to grant citizens and other third parties the right to appeal pollution and other water quality permits. The legislation sailed through both the Tennessee House and Senate unanimously. Now, we have the same right to appeal a permit as the industry that does the polluting. This gives Tennesseans a fair process to meet polluters head on and guard against government misconduct by challenging the permits issued by the state.

Tennesseans now have the right to appeal pollution, aquatic resource alteration permits (ARAPs – used to relocate streams and pave over wetlands) and inter basin water transfers.

Permit appeals for third parties is an effective tool to protect our health and the health of our wetlands. However, the value of this tool is proportional to how effectively it will be used. Too often government officials relent to the pressure of industry to not aggressively enforce environmental regulations. Often times it’s up to residents to take action and say, “Enough is enough!” Appealing water quality permits is one tool that gives citizens a voice in water quality issues that affect them.

TCWN is committed to building the power of community groups and assisting them with clean water permitting issues. TCWN will begin outlining the appeals process, please continue to check our website for updates.

Background Information on Permit Appeals...

Tennessee has more than 60,000 miles of rivers and streams and over 500,000 acres of publicly accessible lakes. These range from the Olympic whitewaters of the Ocoee River to the Kentucky Reservoir forming our largest body of water to the natural beauty of Reelfoot Lake dotted with bald cypress trees. They supply drinking water, offer recreational opportunities, create thoroughfares, and support industrial activities.

More than 70% of polled residents are very concerned about water pollution in the state. To help keep these exceptional resources clean for present and future generations, the Tennessee Clean Water Network (TCWN) supported legislation to open the water permit appeals process to all parties.

Tennessee Fell Short of Federal Requirements for 30 Years

To help protect and clean-up our state’s waters, citizens should be able to participate fully in the pollution discharge, aquatic resource alteration (ARAP) and Inter-Basin Water Transfer permitting processes. Prior to our legislative victory, affected citizen, industry, or municipality did not have the same rights as the permit applicant. Only the applicant, or counsel on their behalf, may submit an appeal. Other parties impacted by an incomplete or inadequate permit, had to go through a separate, lengthy, and unequal process.

The Clean Water Act requires states to allow both the permit applicant and other affected persons to appeal approved or denied permits. The Environmental Protection Agency (EPA) felt that some states were excluding impacted citizens from this process and finalized regulations in 1996 that require states to “provide an opportunity for judicial review in State Court …to provide for, encourage, and assist public participation in the permitting process.” According to EPA, an appeals process must:

• Be at least as stringent as the federally issued permits
• Allow more than permit applicants to participate
• Not limit the appeals to those facing financial damages
• Not be limited to persons living in close proximity

Helping Tennesseans Protect Our Waters

The appeals legislation creatd a fair, concise appeals process available to all parties impacted by a permit—the applicant as well as businesses, municipalities, utility districts and citizens that utilize and enjoy the water. Proposed legislation would simply allow “affected persons” to participate in the same appeals process currently available to applicants. Your support can helped accomplish the following:

• Raise Tennessee’s program up to federal standards
• Offer the same protections as surrounding states
• Simplify and shorten the process to resolve citizen grievances
• Ensure new facilities are built after (not before) valid concerns are addressed
• Reduce the money parties spend on long administrative procedures

A Closer Look at NPDES Permits

Starting in 1972, the federal government required any source that discharges pollution directly into U.S. waters to obtain a National Pollution Discharge Elimination System (NPDES) permit. These permits help keep waters clean by limiting the amount of pollution industries can discharge in addition to establishing record keeping and monitoring requirements. Municipalities also need permits for sewage and storm water systems. Most farmers do not need NPDES permits since the program excludes agricultural run-off and irrigation.

Some of the pollutants limited by discharge permits include: sewage/sludge, storm water, ammonia, nitrogen, dioxins, mercury, pH, radioactive materials, etc. In the 2001 Toxic Release Inventory, EPA estimated that large industrial facilities and sewage treatment plants dumped 3 million pounds of toxic chemicals into Tennessee’s waterways that year.