Early last month the TCWN staff conducted a site visit at Rarity Oaks.  The purpose of this visit was to determine if the site was in compliance with a settlement Rarity Communities, Inc. and TDEC signed in May of this year.  You see, since June of 2006, Rarity Oaks has been in violation of TDEC’s rules and regulations for land disturbing activities and impacting waters of the state.  At first the site was being graded and waters of the state were being excavated all without permits.  I find it difficult to believe Rarity Communities, who has developed numerous previously undisturbed tracts of land in Eastern Tennessee, was unaware they needed a permit.  Once TDEC did issue them permits the developer consistently failed to install the appropriate measures to protect our waters which in turn caused significant amounts of sediment to pollute two streams on site.  Over the course of two years TDEC issued the site 2 notices of violation, and finally in April of 2007, filed a Commissioner’s Order against Rarity.  This type of order requires the permit holder to complete specific tasks and establishes a fine to be paid for violations. Rarity, of course, appealed this order, and in May of this year settled with TDEC in what is called an Agreed Order which also addressed permit violations from another Rarity site.

So TCWN became curious as to whether Rarity had complied with this Agreed Order.  We spoke with TDEC’s Knoxville Environmental Field Office, conducted a file search and finally visited the site.   This is what we found:

Which causes this:

It was obvious Rarity had not complied with the Agreed Order.  Our next step was to let TDEC know.  We wrote them a letter detailing each way in which the conditions of the Agreed Order had not been met. We requested the site immediately be stabilized and for Rarity to pay the full extent of the fine, which is $2,500 a day.  TDEC promptly and adequately responded to our letter in a brief statement agreeing the site was not complying with the Order.  TDEC stated they fully intend to enforce the Order and will keep TCWN copied with any follow up actions on the matter.  Thanks TDEC!

This site is a perfect example of blatant disregard for the rules and direct indifference towards causing conditions of pollution in our waters.  How many of us would sign a binding legal agreement to complete certain tasks and then walk away without fulfilling any of them?  There is no reason for deliberately ignoring the Order. This is a developer working throughout Eastern Tennessee who has no excuse to be unaware of the rules or be in consistent violation of them.  We appreciate TDEC’s recognition of these obvious violations and look forward to working with the Department to address this issue. We also hope TDEC recognizes this pattern of behavior in which some developers either think they are above the rules or simply believe they won’t get caught if they break them. Why else would Rarity Communities, Inc. so deliberately break the rules and the conditions of the settlement unless they believed they could get away with it?

Most recently, we got curious again and went back to the site last week.  And this is what we found on our second visit:

Apparently Rarity Communities does not like the public knowing what is happening on their site.  It’s great to see the site has been seeded and straw has been distributed to initiate stabilization, however, there is much more to be done.  We’ll keep you posted on what happens next!

This week was pretty exciting at the Senate and House Environment Committees

In the Senate:

The Scenic Vista’s Act was revisited in the Senate.  Last week the Senate Committee Chair deferred to the House Subcommittee’s decision not to pass it out of the House Committee. This week the Senate sponsor and Sen. Jackson, rallied the other senators and the bill passed out of the Senate Committee.

The Limited Resources bill was completely rewritten to delete all the language and substitute in its place language that would require a clean up of the Nolichucky River.  Apparently many years ago, in the dark of night, several tons of tires were dumped into the river and are still there today.  This bill would clean it up. It passed out of Senate with the amendment unanimously.

In the House, Rep. McCord suggested the same amendment for the Limited Resources bill. It was accepted and it passed out of the House Environment Committee unanimously.

WE WON!  This bill is dead.  Though our bills died, their impact would have been greatly reduced had the limited resources bill passed.  We heard from Senator Raymond Finney that there were three bills he heard about the most and this bill was one of them.  Many thanks to all of you who called your representatives and senators to encourage them to not vote for this bill.

This fight is not over.  We have won the battle, but not the war.  We have heard that next year they are planning another round. TCWN will be there and vigilant to protect our right to clean water!

We got some excellent press from the Maryville Daily Times.

This piece leads us to believe that the fight may carry over to the making of rules and regulations.  We have a constant presence at the Water Quality Control Board and we will be watching the opposition’s every move.

If this issue is important to you, consider becoming a member and helping us win this war to protect clean water in Tennessee.  Click here to become a member today!

Many thanks to you all!

RvH