Press Room
A Stronger Water Quality Law
Chattanooge Times Free Press, Times Editorial
(March 13, 2007) Employees of Tennessee’s Department of Environment and Conservation may want to do a good job of protecting the sources of our drinking water — the state’s streams and rivers — from pollution, but the understaffed department can barely keep its head above water at the shallow, bureaucratic end of its job. At the more important deep end of its water quality mission — monitoring and enforcement of permits and pollution control rules — TDEC is drowning. And the quality of Tennessee’s freshwater resources is eroding.
That needs to change. A bipartisan bill now pending action in the Legislature would do much to change this dismal picture. The bill, the Tennessee Clean Water Act of 2007, merits broad support by citizens, and adoption by the Legislature.
With more than 60,000 miles of rivers and streams and more than half-a-million acres of publicly accessible lakes, Tennessee is rich in water resources. Unfortunately, water quality in many of these rivers, streams and lakes — where it is known — is impaired.
TDEC attempts to accomplish its water quality mission by issuing permits for activities that could degrade water quality. Stormwater permits, for example, require measures to prevent stormwater runoff from construction and job sites. Other permits are issued to prevent discharges of pollution into public waterways from businesses, sewage plants and other sources. But absent a comprehensive program of monitoring and enforcement of water quality controls, permitting procedures alone do not prevent pollution.
Stormwater containment plans fail at too many construction sites. Too many polluters fail to meet standards for their aquatic resource alteration permits. Lax monitoring and enforcement, and the failure to invoke fines and penalties for continued pollution, breed complacency among offenders regarding compliance with water quality rules, and often outright contempt.
This is where TDEC’s water quality control regimen has broken down. With more than 13,000 active stormwater permits (64 percent of all permits) and nearly 3,500 ARAP permits, TDEC’s small statewide staff, divided into eight regional offices, barely has time for monitoring and enforcement of permits — duties that are in addition to its monitoring responsibilities for large-industry compliance and field testing surveys. Compliance officers generally find out about noncompliance for stormwater and ARAP permits when concerned citizens complain.
Even then, some 80 percent of fines are dismissed, so repeat offenders flourish. Indeed, lax enforcement simply provides an incentive to break water quality rules. Why invest in run-off or pollution control measures when fines are usually forgiven, and flouting the rules is easier and cost-free?
The proposed 2007 Water Quality Act would change that dynamic by shifting the costs of violations and enforcement to violators. That would provide an incentive for compliance. Repeat offenders, for example, would be required to get individual probationary permits that include maintenance fees which would be used to pay for increased monitoring by TDEC. Chronic violators would become ineligible for permits. Responsible applicants, however, could continue to self-monitor.
TDEC also would be required to enforce permit rules after two notices of violation, and to levy mandatory fines of at least 50 percent of the maximum amount. That would end the continuing deferral of fines now allowed to some big violators over months or years. Maximum daily fines are $10,000 for egregious violations, but fines rarely amount to $20,000, even for large, long-term violations.
Two other measures of the proposed bill are equally important. One would require TDEC to promptly publish, at last, all notices of violation, enforcement actions, fines and agreed orders on the Internet. TDEC also would be empowered to issue immediate stop-work orders instead of allowing pollution to continue until legal processes end.
Such sensible rules should have been authorized years ago. If legislators value our water resources, they won’t hesitate to approve the proposed clean water act this year.
Click here to read more about the TN Clean Water Act of 2007
Despite Leaks, Smith Co. Landfill Expanding
Demetria Kalodimos, WSMV-TV
(February 14, 2007) -- When you bag up your household trash, do you ever think about where it goes or if it really goes away?
There are scary suspicions that an area landfill is leaking into the water underground, and that the state isn't taking the proper steps to stop it.
People in Dickson County said they know all the consequences of leaky landfills.
One expert is calling the scenario in Smith County a carbon copy of the one in Dickson.
The Smith County landfill may be the busiest place in the country community.
More than half of the 75 tons of daily trash is making a long distance trip from somewhere else.
Every time the truck tips, the county gets a tip and that takes a load off the locals.
“Not one cent of your property tax goes into your waste disposal,” said landfill manager Roger Bradley.
The question is, will cost all residents in the long run?
“When you really dig into it, there's a widespread groundwater contamination problem there,” said geologist Mark Quarles.
This summer, Smith County set out to expand its lucrative landfill because it was filling up fast.
Just like Dickson County in the 1980s, some citizens didn't like the idea, but this time they hired an expert with a keen knowledge of past mistakes.
“I’m getting a flashback to my work in Dickson county in 2001, and it's a ticking time bomb,” Quarles said.
The people's expert wrote 30 pages of technical comments about potential problems.
The proximity of the landfill is one of those problems.
Just like Dickson, the Smith County dump is close to a drinking water source.
In Dickson, it was residential wells, the one in Smith County is upstream from the city water intake on the Cumberland River.
“That water plant only has to test for VOC's one time a year for volatile organic compounds.
"Those are the things that cause cancer and that sort of thing. Something's wrong. There's a threat yet to be defined,” said Quarles.
“Maybe some of the citizens up there were led to believe their drinking water was threatened by the Smith County landfill. We certainly do not believe that to be the case. I think the data will prove that,” said Glen Pugh, a geologist for the Tennessee Department of Environment and Conservation
The data may reveal early warnings.
Tests performed 10 years ago in Smith County found pollution in wells drilled into the dump and in two nearby springs.
“I guess you might use an analogy of a smoke alarm. With just the slightest whiff, if you’re cooking tater tots or something and you burn them, it will go off, but that doesn't mean the house is burning down,” Pugh said.
Faulty design is another problem facing the landfill.
Wells to detect pollution there may be too deep to catch the earliest signs of contamination.
“There was water at the top of bedrock 30 to 40 feet below the surface. Some of the wells out there are 150 feet deep,” Quarles said.
“There are two new monitoring systems, which are shallow, one of which is a nearby spring and we agree that's going to be a better monitoring point,” Pugh said.
“Once it gets into a spring, it’s in the surface water. … It’s too late,” Pugh said.
Those deep wells could actually provide a pathway for poison all their own.
The plastic liner to keep garbage away from groundwater is also too deep.
“What that does is put groundwater in direct contact with waste,” Quarles said.
“Our field staff has looked at the data and doesn't believe the water table is as high as some of the comments we got,” Pugh said.
And like Dickson, some taxpayers said they were the last to know even when chemicals were found.
There are 30 pages worth of disagreements.
In a state where almost half of the active landfills are known to be leaking to some degree, an expansion at what some call a very troubled site is approved and proceeding.
The Smith County landfill has had a clean record on its state inspections. That is the check of all operations above ground.
The county’s mayor also said he wants to reduce the amount of trash taken in from outside the county.
If an environmental cleanup was ever needed down the line, even caused by garbage brought in long-distance, it is Smith County that would foot the bill.
Polluter crackdown coming
Tenn. effort to target violators who'll be sent 'straight to court'
Richard Locker, Memphis Commercial Appeal
(February 9, 2007)-- Tennessee's new attorney general unveiled plans Thursday for a major crackdown on environmental polluters, starting with companies responsible for rainwater runoff from construction sites that pollutes streams.
Atty. Gen. Robert Cooper said in a speech to Tennessee newspaper publishers and editors that environmental protection is one of three top priorities of his office -- along with consumer protection and health care fraud and abuse, particularly in TennCare.
He said his office will work closely with the state Department of Environment and Conservation (TDEC) on a new initiative to curb "the worst cases of repeated noncompliance" with environmental laws.
"When we find that, we are going to come down on it with both feet. We're going to skip the administrative process and go straight to court" -- including criminal prosecutions -- Cooper said.
The Tennessee Supreme Court appointed Cooper as state attorney general Nov. 1 after he spent nearly four years as Gov. Phil Bredesen's top legal adviser.
Cooper said he told the court when he applied for the job that environmental protection would be one of the priorities of this office.
"And now that I have this position, I intend for our environmental enforcement, both civil and criminal, to be vigorous, working hand in hand with (TDEC)," he said in remarks prepared for delivery today to the Tennessee Bar Association in which he will provide more details of the initiative.
He identified one sector for the crackdown as the construction industry, when contractors don't take the steps necessary to prevent soil erosion and other construction runoff into streams during rainstorms. The result has been water degradation with "serious harm" to aquatic life, including fish kills, he said Thursday.
The target of legal action will be whoever has obtained construction permits for the project. Industry spokesman said that is sometimes the construction contractor and sometimes the business that contracted for the work.
But the crackdown won't be limited to construction, Cooper said. "After we finish with storm water permits, I cannot tell you what segment will be targeted next, although I can say that if current trends continue, underground storage tanks will be high on the list."
He acknowledged that state agencies like the Tennessee Department of Transportation and their contractors in building highways have been Clean Water Law violators in the past but he said that cooperation between TDOT, TDEC and their contractors have helped reduce violations.
"Now that we've cleaned up our own house, we're going to go after the private sector," he said. He cited a $66,000 civil penalty against Wal-Mart last year after the Attorney General's Office sued "for recurring water-quality violations at store construction sites."
State law provides for civil fines and enforcement procedures against environmental polluters through an administrative process outside of the court system. The attorney general said some industries fail to correct their procedures and become repeat offenders. The worst chronic violators will be taken straight to court.
"There are, for example, situations where someone has intentionally discharged or dumped a hazardous substance into the ground or water and has caused risk to human life or health. There are other cases where someone has been the subject of one or more civil or administrative actions and it has become apparent that the past regulatory actions did little or nothing to prompt that person to change his or her ways.
"In those situations, the office will resort to criminal proceedings to stop that individual from causing further harm and hopefully deter others from committing the same or similar acts in the future," he said.
Construction industry spokesmen said they were surprised at news of the attorney general's remarks because they had been given no notice of serious problems or a legal crackdown.
"We as an organization support environmental rules and regulations in place in our state. We cannot condone repeat offenses. We just wish we'd had a little more of a heads-up that there was a problem so we could assist in voluntary compliance," said Bob Pitts, lobbyist and spokesman for the Associated Builders and Contractors of Tennessee.
The ABC has 900 member companies mostly involved in commercial and industrial construction.
Kent Starwalt, executive director of the Tennessee Roadbuilders Association, said highway contractors, TDOT and TDEC have worked extensively over the last five years on erosion controls at road and bridge construction sites.
"We've all done a better job -- the industry and the state -- to protect the water. Anytime they start going straight to court and bypassing administrative procedures it causes concern. I don't know that our industry has any repeat violators," Starwalt said.
Contact Nashville Bureau chief Richard Locker at (615) 255-4923.
It takes strong grass-roots efforts to get and keep our waters clean
By RENEÉ VICTORIA HOYOS
(The Tennessean, Tennessee Voices)
11/27/2006
The Tennessee Department of Environment and Conservation (TDEC) listed 135 Midstate streams earlier this year on their list of the most polluted and impaired waters. But do you know how this pollution affects you and your neighbors?
Click here to read the full story on the Tennessean.com
Sound off! Post a comment at the end of the article.
TN Clean Water Network and Citizen Group Urge EPA to Veto Reelfoot Lake Spillway
Comments from EPA deem project not approvable under Clean Water Act
FOR IMMEDIATE RELEASE: October 20, 2006
(Samburg, TN) TN Clean Water Network and the Reelfoot Lake Watch Group discovered the EPA submitted comments to the Army Corp of Engineers, calling the Reelfoot Lake Spillway project not approvable at this time because the project does not comply with the Clean Water Act. The EPA has the authority to veto this project and prevent pollution occurring at Reelfoot where no pollution is allowed by law.
“These comments [from the EPA] confirm the Reelfoot Lake Watch Group’s suspicions and concerns that the spillway project is not safe for humans and wildlife.” Al Hamilton is President of the citizen group and Board Chairman of TCWN.
Reelfoot is known as a national treasure for its hunting, fishing, bird populations, wetlands and major wintering area for migratory waterfowl and winter home to the American Bald Eagle. Reelfoot Lake is the only natural lake in the state of Tennessee. As such it was designated as an Outstanding National Resource Water (ONRW) under the Clean Water Act.
“We are asking the EPA to exercise their authority to veto water pollution permits associated with the Reelfoot Spillway project.” Stated Renée Hoyos, Executive Director of the TN Clean Water Network.
Comments submitted by the EPA determine this project does NOT comply with the Clean Water Act regarding avoidance, minimization, compensatory mitigation and significant degradation. The EPA believes the Army Corp of Engineers Spillway project is not approvable as submitted.
The EPA has the power to veto Army Corp of Engineer permits at any point before the permits are final. These permits are still in their draft phase. TCWN found no record of the Corp responding to EPA comments.
“The Army Corp of Engineers failure to follow the laws that protect Reelfoot Lake jeopardizes pristine wildlife habitat and rare opportunities for hunters, fishermen, and birdwatchers to experience truly untouched wilderness.” Added Hamilton.
Under the Clean Water Act, the Army Corp of Engineers must show that the discharges associated with the project are unavoidable and the least environmentally damaging, practical alternative will be selected. According to the EPA’s comments, the Army Corp of Engineers has not taken these actions.
Hamilton and the Reelfoot Lake Watch Group participated in several public hearings regarding the Reelfoot Spillway Project where they voiced the same concerns the EPA documented in their letter. The group’s comments, too, were met with silence from the Corp.
The proposed project involves widening a portion of State Route 21, closure of the existing Reelfoot Lake Spillway and construction of a new spillway, channel and bridge across the channel.
Approximately 15 acres of wetland and over 4,000 linear feet of stream would be permanently impacted, polluted or destroyed by this project.
This latest threat to the quality of Reelfoot Lake is one in a long list of government inaction to protect Reelfoot as allowed under its Outstanding National Resource Water (ONRW) status. Reelfoot’s ORNW status dictates no additional pollution is allowed by law. Other projects that violate Reelfoot’s ORNW status include: illegal herbicide spraying permits and illegal dredging.
These projects result in reduced water quality and sedimentation which lead to the Lake experiencing a loss of fisheries, waterfowl and wildlife habitat.
Unfortunately, lack of protection for Reelfoot also resulted in it listed as a damaged and threatened National Landmark by the US Park Service.
Downloads:
TCWN’s Letter to the EPA
EPA’s Comments
TN Clean Water Network and Members File Clean Water Act Suit Notice
Absence of local leadership spawns law suit
FOR IMMEDIATE RELEASE:
September 20, 2006
Contact: Renee Hoyos, TCWN
865-522-7007
James McMillan, property owner
865-689-1502
( Knoxville , TN ) Tennessee Clean Water Network and members Charles and James McMillan filed a 60 day notice of intent to sue under the Clean Water Act against developer and Mayor Ragsdale supporter Victor Jernigan. Filed in response to inaction by local and state governments to enforce clean water laws, the suit alleges 18 documented water pollution violations and subsequent violations for every .1 inch rain event since July 2004.
“Expect residents of Knox County to continue exercising their legal right to clean water in the absence of Mayor Ragsdale's and TDEC's leadership to protect our water from over development.” Said Renee Hoyos, Executive Director for Tennessee Clean Water Network.
Other violations alleged in this 2 year time period include: engaging in construction activity not covered by their water pollution permit, polluting already impaired waters and failing to adhere to permit requirements thereby violating state and federal clean water laws.
“Stormwater runoff from this development prevents us from using our farmland because our land floods and the excessive mud in our water left the creek water undrinkable for our cattle herd.” Stated James McMillan, TCWN member and property owner in North East Knox County .
Despite an alarming amount of water pollution over the past 2 years and the McMillan's sending in documentation of the pollution; the TN Department of Environment and Conservation (TDEC) only issued one enforcement action: a notice of violation and Jernigan continued to pollute.
Despite Knox County 's authority to protect water and property from excessive volume (i.e. flooding from stormwater runoff) Jernigan continues to pollute Murphy's Creek and a tributary to Loves Creek with excess sediment that in turn floods the McMillan's farm.
Also note worthy is Victor Jernigan is a supporter of Mayor Ragsdale's 2006 re-election campaign.
”Victor Jernigan“s Washington Square development is just one example of irresponsible development polluting our waters in Knox County.” Added Hoyos.
The beauty of utilizing the Clean Water Act as a tool to hold Mayor Ragsdale and TDEC accountable is citizens have the final say in matters such as these. That is, if local and state decision makers refuse to act to protect our waters, citizens can use the court system to protect our waters.
”Public participation in the Clean Water Act is beneficial in cases such as Knox County where local leaders and TDEC are lethargic to act to protect our waters.“ Concluded Hoyos.
To solve Knox County 's flooding, runoff and property damage from over development Mayor Ragsdale and his staff need to have the will to comply with the requirements specifically spelled out in its state water pollution permit and enforce clean water laws.
Knox County falls under the state of Tennessee's Municipal Storm Sewer System (MS4) phase II water pollution permit program to control sediment coming from developments like Jernigan's. TCWN and TDEC pointed out several deadlines Knox County missed, including:
- Not having a working ordinance to identify and prohibit illicit discharges by Dec. 18, 2003.
- Not having a working construction site ordinance within 18 months of permit coverage (their permit was issued October 2, 2003). 18 months was April 2, 2005.
- Not having a working construction site program by December 31, 2005.
- In effect, Knox County needs a current drainage map to do all of the above but, they don't have one.
In the absence of these deliverables, Knox County residents continued to be burdened with unbelievable amounts of muddy water leaving construction sites, damaging private property and polluting the waters of the state.
TDEC labels sediment as the state's number one water polluter. Sediment in our waters increasing flooding, transport chemicals and destroys aquatic habitat.
The Tennessee Clean Water Network is the only statewide organization solely dedicated to protecting our clean water and organizing Tennesseans to protect the waters we live with and love.
Victor Jernigan, Washington Square: 60-Day Notice of Intent to Suit Under the Clean Water Act
Knox County Spends $1.9M+ on Deficient Stormwater Ordinance
Taxpayer dollars wasted while property owners suffer damage from overdevelopment
FOR IMMEDIATE RELEASE:
August 24, 2006
Contact: Renee Hoyos, TCWN Executive Director
865.522.7007 (o)
865.607.6618 (c)
(Knoxville, TN ) The Tennessee Clean Water Network discovered Knox County spent $1.9 million on a stormwater program and ordinance that does not comply with state and federal clean water laws. The discovery came after Tennessee Clean Water Network filed a TN Open Records Act request to review all invoices pertaining to the development of the new stormwater ordinance.
”Every single resident is paying for Knox County's non-compliance with state and federal clean water laws.“ Stated Renee Hoyos, TCWN Executive Director. ”Private property is either damaged by stormwater runoff from over development or our tax dollars are paying $1.9M for an ordinance that does not meet state and federal clean water laws.”
Knox County paid $1.9M to AMEC, a consulting firm, to put the County in compliance with the state of Tennessee's Municipal Storm Sewer System (MS4) phase II water pollution permit program (part of the permit includes developing a new stormwater ordinance) . AMEC failed to do so.
Tennessee Clean Water Network technical and legal experts, photo evidence from residents of Knox County and TN Department of Environment and Conservation (TDEC) all found that Knox County disregards clean water laws and jeopardizes resident's right to clean water.
“Non-compliance with state and federal clean water laws adds a tremendous financial burden on Mayor Ragsdale's constituents.” Added Hoyos.
”Knox Countians are investing personal resources into fighting to protect our property and water in the absence of County leadership to protect us from overdevelopment.“ Said Darrell Acuff a farmer in Northeast Knox County who personally invested in holding Knox County accountable to its drainage requirements.
To solve Knox County 's flooding, runoff and property damage from over development Mayor Ragsdale and his staff need to have the will to comply with the requirements specifically spelled out in its state water pollution permit and enforce clean water laws.
Knox County rewarded AMEC for their failed performance by approving another 18 month contract to evaluate Knox County 's stormwater program, instead of seeking other firms or consulting the web to see if template ordinances exist that could be tailored for Knox County .
Despite paying AMEC $1.9 to put Knox County in compliance with the requirements of Tennessee's Municipal Storm Sewer System (MS4) phase II water pollution permit program, TCWN and TDEC pointed out several deadlines Knox County missed, including:
- Not having a working ordinance to identify and prohibit illicit discharges by Dec. 18, 2003.
- Not having a working construction site ordinance within 18 months of permit coverage (their permit was issued October 2, 2003). 18 months was April 2, 2005.
- Not having a working construction site program by December 31, 2005.
- In effect, Knox County needs a current drainage map to do all of the above but, they don't have one.
In the absence of these deliverables, Knox County residents continued to be burdened with unbelievable amounts of muddy water leaving construction sites, damaging private property and polluting the waters of the state.
For photo evidence of Knox County not complying with the Clean Water Act including: muddy water leaving construction sites, flooding private property and polluting our waters contact [email protected]
The Tennessee Clean Water Network is the only statewide organization solely dedicated to protecting our clean water and organizing Tennesseans to protect the waters we live with and love.
Knox County Clean Water Alliance is a citizens group working to ensure the County adopts and enforces a protective stormwater ordinance that will protect their property from flooding and creeks form water pollution. Visit www.kccwa.org for more information.
For more information, including a copy of Knox County's Compliance Investigation letter, response, pictures of stormwater damage and water pollution from over development in Knox County and background documents call 865.522.7007 ext 1 or 865.789.2669
Visit our press room to learn more.
Tennessee Clean Water Network Honors East TN Hero
Frank Hensley Named 2006 Bill Russell River Hero
Contact: Cortney Piper, TCWN
865.522.7007 ext 1
865.789.2669 (cell)
(July 28, 2006) Tennessee Clean Water Network presented Frank Hensley with the 2006 Bill Russell River Hero Award Thursday night at the Foundry at World’s Fair Park. Each year, the River Hero award is presented to an individual who strives to protect, restore and enhance Tennessee’s waters and the communities who depend on them. Mr. Hensley has played an active role in protecting the watersheds of the Cumberland Plateau for over thirty years.
“Frank Hensley motivates others to follow in his foot steps to protect the waters we live with and love.” Stated Renee Hoyos, TCWN Executive Director. “TCWN is honored to present him with the 2006 River Hero Award.”
Frank Hensley spearheaded a mandate to limit pollutant loads from entering the Obed River from the City of Crossville to breathe life back into the Obed. Frank also played a key role in preserving 10,000 acres of land in Pickett and Fentress Counties that hold the headwaters of the Big South Fork and Wolf River.
“I am especially humbled to receive this award because it is in honor of the greatest river hero of all, Bill Russell.” Said Hensley at Thursday night’s celebration. “Without him we would have two deep lakes where the Big South Fork and the Obed Wild and Scenic Rivers now flow free.”
Frank’s admirers say his love of whitewater paddling is infectious to the scores of individuals he introduces to the activity. They rave one of his most significant contributions to the protection of Tennessee’s streams is the degree to which he successfully inspires others to act to keep our waters wild and clean.
“Teneesseans can look to our River Hero’s, like Frank Hensley, for inspiration.” Noted Hoyos. “Successfully protecting our waters is possible when our communities come together to hold polluters and our governments accountable to protecting our clean water.”
Dr. Liane Russell, wife of the late Bill Russell and retired Oak Ridge National Lab geneticist, presented the River Hero Award to Hensley Thursday night in honor of her late husband, Bill.
"I can’t think of anyone more deserving of an award named in Bill's honor than MY hero, Frank Hensley." Said Russell. “I know Frank would have been Bill’s hero, too!”
Hensley’s love of water started in West Virginia during World War II. The Ohio and the Big Sandy Rivers were the places he spent his free time.
All of the cities dumped raw sewage and garbage into the rivers. A cross-tie creosoting plant dumped a steady stream of creosote into the Ohio River, and all of the sand and gravel downstream was coated with the gummy substance.
Frank swam on these rivers, dodging sewage from municipalities and coal sludge from the mining industry.
“Water is cleaner now than in the 40’s and 50’s. However, rivers are still not treated as public property because the coal, oil and chemical companies utilize rivers as if they were the owners.” Added Hensley.
The Tennessee Clean Water Network organizes communities who, like Frank, are facing threats to their clean water. TCWN provides organizing assistance, networking opportunities and access to their expert referral system to communities working to protect their right to clean water.
Tennessee Clean Water Network honored all River Hero nominees as 2006 River Champions. They include: James McMillan, JR Shute and Pat Rakes of Conservation Fisheries Inc, Nelson Ross, Judy Boston, John Brittle Jr., Barry Sulkin, Dixie Couts and Kathy Krone.
The Man Behind the Award
William (Bill) Russell was a world-renowned geneticist and long-time advocate for Tennessee waters. Together with wife Liane, he founded Tennessee Citizens for Wilderness Planning (TCWP) in 1966, an organization dedicated to the protection of land and water through public ownership. Bill co-authored and facilitated the passage of the Tennessee Scenic Rivers Act in 1968, the first such comprehensive act in the nation, preceding the national act.
“Bill worked tirelessly to prevent the construction of a dam on the Obed River, a river he had come to love above all others.” Said Cortney Piper, Director of Development and Communications for TCWN. “He eventually succeeded in not only saving the Obed from the dam, but in having it designated a National Wild and Scenic River in 1976.”
Bill Russell died on July 23, 2003 shortly after his 93rd birthday. Tennessee Clean Water Network is honored to add this award to his amazing legacy.
Tennessee Clean Water Network wishes to thank the 2006 Bill Russell River Hero sponsors including: World Wildlife Fund, John Noel and Southern Alliance for Clean Energy, Tennessee Scenic Rivers Association, Monfee Medical Clinic, Tennessee Citizens for Wilderness Planning, The Nature Conservancy, National Parks Conservation Association, Axel Ringe and Tennessee Parks and Greenways Foundation.
For more information about the Tennessee Clean Water Network and the Bill Russell River Hero Award call 865.522.7007 or visit the River Hero website.
TCWN Finds State Launches Expedited Enforcement Program
for Tennessee’s #1 Water Polluter
Contact: Jennifer Gerbasi, TCWN
865-522-7007 ext 2
(July 18, 2006) Tennessee Clean Water Network recently discovered the TN Department of Environment and Conservation (TDEC) launched an expedited construction stormwater enforcement process this May. This is the Department’s latest effort to decrease the number of water pollution violations from construction sites. The Tennessee Clean Water Network supports TDEC’s first steps to more effectively enforce our clean water laws and advises this program and future programs should include goals of increasing water quality and decreasing pollution impacts on Tennessee’s communities.
"TDEC has a responsibility to demonstrate its commitment to improve water quality through out the state to its residents.” States Renée Hoyos, TCWN Executive Director. “Expedited enforcement must be used consistently and efficiently by TDEC to ensure that polluters are held accountable to our clean water laws.”
In a memo to TDEC field and technical staff it states “We (TDEC) anticipate that this expedited order will be used as a first action in situations where there has not been significant harm to waters, and the division does not desire detailed corrective action.”
Paul Davis, TDEC Division of Water Pollution Control Director, made it very clear the goal of the expedited enforcement process is to make TDEC’s construction stormwater program more effective by decreasing the response time to issue penalties and fines. TDEC believes an indicator of success would be fewer water pollution violations from construction sites.
“The Tennessee Clean Water Network hopes developers use the warning as an opportunity to implement erosion control systems as they agree to in their permits to protect our waters and our communities from flooding.” Adds Jennifer Gerbasi, TCWN Director of Programs and Legislative Affairs.
The Expedited Director’s Order is a two-page document that field officers in the eight (8) regional offices can carry to sites and use as checklists for water pollution permits and water pollution permit violations. Within days, the developer, contractor or builder receives a fine with a cover letter from the central TDEC office in Nashville.
This is a stark contrast to the previous enforcement measures that took months, even years to issues fines, penalties and corrective actions.
Plus, when fines and penalties were previously assessed the developer usually stalled enforcement action with appeals in front of the Water Quality Control Board (WQCB).
While the Expedited Director’s Orders can also be appealed, most of the violations are black and white and appeals could be considered frivolous. The WQCB could increase the fine to cover staff and board expenses or an arbitrary amount if it decided the appeal was frivolous and intended only to waste time.
“The expedited enforcement program allows field officers to give polluters a taste of the fines the legislature has approved to deter polluters from ignoring their responsibilities under the law and destroying our streams.” States Gerbasi.
The Expedited Director’s Order (EDO) lists $11,500 in fines and has Paul Davis’s signature (the Director of Water Pollution Control) on the form. Davis pre-approved these orders, and empowered filed officers to issue them without further review. On the EDO, failure to retain sediment on site is a $1,000 fine. The largest fine available through the EDO is $9,500.
“TCWN found since May 1, TDEC used the Expedited Director’s Order 2-3 times per week, and that number is rising as field officers get comfortable with the process.” Gerbasi adds, “Developers should find erosion control less expensive to use than to put it off and destroy streams in hopes of avoiding detection.”
Field officers can still award Notices of Violation immediately, and can pursue enforcement actions that include heavy fines (an upwards of $10,000 per day, per violation) and corrective actions if violations continue.
“The Tennessee Clean Water Network is looking forward to more public accountability in TDEC’s decision making that affect the waters Tennesseans live with and love.” Concluded Hoyos.
In Tennessee, sediment from construction and other land disturbances is the leading water pollutant. Sediment in our waters increases flooding, transports chemicals and degrades aquatic habitat.
To view a detailed report on the Expedited Enforcement Program, including a list of fines and penalties, please visit our pressroom
‘Megasite’ opponents fear worse pollution
Associated Press
KNOXVILLE — Opponents to a proposed "megasite" being touted for an automobile manufacturing plant in West Tennessee pleaded with the Tennessee Valley Authority on Wednesday to consider the environmental impact of any development.
The 3,800-acre tract, which includes land owned by Lt. Gov. John Wilder, is in Haywood and Fayette counties near Memphis. TVA consultants are studying the tract for certification in the agency's "megasite" economic development program.
Renee Hoyos, executive director of the Tennessee Clean Water Network, told the TVA Board of Directors that an auto plant would "produce an incredible amount of air and water pollution," threatening the pristine Hatchie River and countryside.
She urged the agency to perform an environmental impact study on the site, worried that residents "do not know how their aquifer, wells and rivers will be affected."
Gary Bullwinkel, one of a group of residents in the Citizens Against the Haywood-Fayette County Mega Site, said the "criteria and process is flawed" that was used to consider the site and that Fayette County commissioners passed a resolution against it.
"We are a happy community. What's going to happen to our heritage?" asked Eric Greer, who grows cotton on a farm inherited from his grandfather.
The TVA board took no action Wednesday.
County’s Non-Compliance with Clean Water Laws Causing Damage to Private Property
Citizen group kicks off enforcement campaign, Targets Mayor
Contact: Renee Hoyos - 865.522.7007 ext 4
865.607.6618 (cell)
(June 22, 2006) Members of the Knox County Clean Water Alliance and the Tennessee Clean Water Network kicked off a citizen’s stormwater enforcement campaign at Fountain City Park today. The kick-off urged Knox County residents to take pictures of flooding, drainage and water pollution from over development and send them to Mayor Ragsdale. The Tennessee Clean Water Network pointed out that pollution is occurring because the County continues to be in non-compliance with state and federal clean water laws.
“Over the past 20 years I’ve seen tremendous growth in Northeast Knox County and with that growth, increased flooding and clear creeks running cloudy with sediment.” Said Darrell Acuff, a farmer in Corryton. “It is the responsibility first of our Knox County Mayor Ragsdale along with County officials and County Commission to protect our property from flooding and protect our water quality.”
The responsibility Acuff is referring to is spelled out in a state mandated program called the MS4 Municipal Separate Storm Sewer System (MS4) phase II water pollution permit program. The MS4 Phase II Permit is given by the state to small municipalities to control pollution going into our waters. In particular, it is designed to control pollution that flows into our streams from over development, such as sediment or mud. Sediment carried in water increases flooding, impacts water supplies and navigation, degrades aquatic habitat and transports chemicals.
“Water pollution from over development should be Mayor Ragsdale’s first priority when the Charter issue is resolved.” said Renée Hoyos, Executive Director of TCWN. “That means Knox County adopts a stormwater ordinance that meets state and federal clean water laws and protects its waters from pollution and property from flood damage.” added Hoyos.
James McMillan, a farmer in Northeast Knox County assists people like Darrell Acuff to get Knox County to enforce its stormwater ordinance and other clean water laws. McMillan has helped over 40 people in 2 years with problems ranging from flooding to drainage to water pollution. Alone, he has recorded over 400 water quality violations from over development in Knox County.
“Over the past year we’ve been meeting with Mayor Ragsdale and his staff to communicate the urgency and his responsibility to protect the waters of the County and protect people’s property.” said Hoyos. “Our recommendations have fallen on deaf ears.”
Add to that a report the Mayor’s close friend and engineer, Steve Maynard, wrote in early 2005, that noted harmful flooding occurring in Whites Creek and Murphy’s Creek watersheds due to the laws of Knox County, the State of Tennessee and the Federal Government not being enforced.
“The Knox County Clean Water Alliance is calling on its residents to report flooding, water pollution and drainage problems by using their flood action brochure and their website www.kccwa.org” exclaimed Nancy Andrews, volunteer for the Knox County Clean Water Alliance.
The brochure and website gives citizens the tools and assistance needed to show Mayor Ragsdale that the County should prioritize the adoption of a protective stormwater ordinance that meets state and federal clean water laws to protect property and water for future generations.
“Enforcement of our clean water laws means no community has to suffer from water pollution.” concluded Hoyos.
The TN Department of Environment and Conservation (TDEC) labels sediment as the state’s number one source of pollution into our river, creeks and streams.
Tennessee Department of Environment and Conservation released their list of the states most polluted and impaired waters earlier this year and Knox County has 35 streams and their associated 360 river miles on this list.
The Knox County Clean Water Alliance is a citizen group working to urge Knox County and Mayor Ragsdale to adopt a stormwater ordinance that meets state and federal clean water laws and protects the County’s water and private property from over development.
TCWN is a statewide organization that assists Tennesseans facing threats to their clean water.
Visit our Press Room (Ragsdale, Wuethrich Jeopardize Clean Water and Individual Property Rights) for background information. Including a memo outlining at least 11 points where Knox County’s proposed stormwater ordinance does not meet state and federal clean water laws.
Click here to read TCWN's remarks.
TCWN Releases Lake Sturgeon in French Broad
(June 14, 2006) TCWN Executive Director, Renee Hoyos, released Lake Sturgeon at the Seven Islands Wildlife Refuge on the French Broad River in Knox County today.
About 300 Lake Sturgeon were released today and yesterday.
Several agencies and universities are in the midst of a 20-year program to restore lake sturgeon to the upper TN river system, where they were extirpated about 50 years ago. To date, nearly 45,000 have been released in the French Broad River below Douglas Dam, the Holston River below Cherokee Dam, and in the Tennessee River in Downtown Knoxville.
Each year since 1998, sturgeon eggs have been obtained from Wisconsin. The eggs are hatched at the US Fish and Wildlife National Fish Hatchery in Warm Springs, GA. Afterwards, the small sturgeon are raised at USFWS hatcheries in Tupelo (MS), Mammoth Springs (AR), and Warm Springs (GA), along with TN Aquarium Research Institute's hatchery in Cohutta, GA. Most of the sturgeon are released in November, when the fish are 4-12" long.
TCWN enjoyed the opportunity to be involved with releasing the Lake Sturgeon on the French Broad.
Tennessee’s Wild Side, an outdoors show produced by the Renaissance Center on PBS stations across the state, covered the releases.
For more information on the Lake Sturgeon release program contact:
Edwin M. Scott, Jr.
Aquatic Biologist-Heritage Program
TVA-Resource Stewardship
400 W Summit Hill
WT 11B 358-K
Knoxville, TN 37901
(865) 632-3358 phone
(865) 632-4582 fax
The County’s Polluted Streams
Harry Austin, Editor, Chattanooga Times Editoral Page
(June 7, 2006) For all their apparent beauty from a distance, the Tennessee River and its reservoir lakes behind area dams are typically too turbid from pollution and nutrient loads for a fisherman, swimmer or skier to see their hand at arm’s length below the water’s surface. But it’s not just the river in which pollution is a perpetual problem. Pollutants also seriously impair water quality in 22 streams and 185 stream miles in Hamilton County alone, though all these streams flow into the lower Tennessee River watershed.
That finding is revealed in a in a report just released by the Tennessee Department of Environment Conservation, or TDEC. To say that these numbers are stunning is an understatement, but that’s hardly the worst of it.
Other significant factors suggest that the level of pollution in Hamilton County’s streams is significantly broader and more serious than many citizens here might imagine.
TDEC’s assessment, a survey mandated periodically by the Environmental Protection Agency, shows that most of the polluted stream miles in Hamilton County fall into the Category 5 level of pollution, the worst of the five brackets used to designate water quality. That poor rating means that the water in most of those stream miles is unfit for its intended public purposes. Waters in the Category 5 level generally are considered unsafe not just for fishing, swimming and boating, but often for touching as well.
The depth of pollution also is daunting because it persists despite the fact that TDEC has been assessing water quality in significant streams throughout the state for years. That it does confirms that the state’s enforcement of Tennessee’s clean water laws is extremely weak, if not wholly ineffectual.
Had TDEC been enforcing state laws requiring that streams be kept clean enough to be used for their intended purposes — and not just issuing occasional notices of violations — the 22 streams would not now be on the state’s required 303(d) list, the EPA-required target list that states are compelled to compile under clean water rules.
TDEC already would have required implementation of rules and methods to mitigate such pollution. Tennessee, moreover, would not be ranked among the worse 10 states in the nation for exceeding pollution permits by 500 percent.
Among the most impaired streams and waterways in Hamilton County are Citico Creek, Chattanooga Creek, Nickajack reservoir, Freuedenberg Creek, Bee Creek, Cobbs Branch, McFarland Springs Branch, Gillespie Springs Branch, Stringers Branch, Mountain Creek, Wilkerson Branch, Wolftever Creek, Ninemile Branch, Boston Creek, Hodskin Branch, Rogers Branch, North Chickamauga Creek, Shoal Creek, Friar Branch, South Chickamauga Creek, Lewis Branch and Long Savannah Creek.
More than 50 miles of the 185 miles of polluted waterways are contaminated by sewage and, in some cases, E. coli bacteria. Excessive turbidity affects 40 miles of streams, mainly from excessive nutrients, but also from chemicals, PCBs, oils and lubricants. Manure runoff from confined animal feeding operations pollutes 25 miles. Industrial pollution and runoff from abandoned mines pollutes 133 miles of streams.
Taken collectively, it seems as if such pollution is a common abuse. Yet pollution in the county’s streams is of a level that is forbidden under state law and should not be allowed. TDEC is required, but has not yet established, the total maximum daily load of pollutants that can safely be allowed in these streams without impairing their intended public uses.
TDEC should move quickly to establish and control pollution limits. Regrettably, due to budget constraints and an overburdened staff (TDEC has assessed pollution in just half the state’s waterways) that won’t happen soon — unless concerned citizens raise their voice.
Source: Chattanooga Times Free Press
TCWN assists Cross Bridges Community Association Restore the Bigby
Alex Miller, Columbia Daily Herald
(May 30, 2006) Members of the Cross Bridges Community Association met this month to discuss pollution in the Big Bigby and Sugar Fork creeks originating from Mt. Pleasant’s sewage treatment plant.
“I would like to see the Big Bigby Creek returned to the way it used to be,” said Elizabeth Queener, community association organizer. She said there was a time — before phosphate mining during the first half of the 20th century and recent wastewater pollution — when the creek was clean, safe and a great place to go fishing. “I was thrilled,” when the creek began to recover from phosphate pollution, she said, “but this is breaking my heart.”
In recent years, there have been unsafe levels of fecal coliform because of overflow from Mt. Pleasant’s wastewater system into the creeks. On one occasion, the Tennessee Department of Environment and Conservation documented coliform levels as 20,000 times higher than the results reported by the plant.
Members of the association said they were disgusted by the pollution and frustrated that more had not been done to address it.
“I’ve got granddaughters, and I’m concerned about the environment,” said Linda Whiteside, a Maury County Commissioner who attended the event.
Cross Bridges resident Byrd Cain Jr. said, “I’d like to be able to eat the fish out of it,” and Rusty Vest Jr., who owns property along Big Bigby creek, said, “I used to wade and fish in this creek fairly often, but I don’t know what the future of that is ... I’m very frustrated that nobody seems to be concerned.”
The community association has secured help from the Tennessee Clean Water Network, an organization advocating protection and restoration of the state’s waters, and John McFadden, an aquatic biologist with the Harpeth River Watershed Association.
Cortney Piper, TCWN communications director, talked to association members about their concerns about the river and what they wanted to do about it.
“Two hours from now you’ll have a plan in your hands,” she said as the meeting began. Ultimately, the plan outlined a number of goals:
- stopping unsafe levels of wastewater pollution from entering the creeks;
- increasing water quality monitoring;
- ensuring residents are notified when pollutants make the creeks unsafe;
- continuing to protect the creeks in the future.
To meet these goals, the association plans a campaign to inform residents of the magnitude of the problem, discuss its concerns with the sewage treatment plant’s management, pressure local politicians and — if all else fails — they haven’t ruled out litigation.
“Community involvement in the problem is a critical piece,” McFadden said. TCWN hired him to provide technical expertise for the association.
He spoke about levels of fecal coliform and ecoli in the creeks and the indictment of several Mt. Pleasant wastewater employees for submitting false reports.
“The foxes are guarding the hen house,” he said. The false reports “are a criminal offense. It’s a very serious charge ... the state has documented this lack of recording.”
Cross Bridges is a Maury County community located downstream from the Mt. Pleasant wastewater plant. In March, the Tennessee Department of Environment and Conservation issued an advisory warning people to avoid contact with sections of the creek. According to Vest, the unsafe area included parts of Cross Bridges. TDEC lifted the advisory March 13. A press release stated sewage still occasionally overflows into the creek which remains on a list of the state’s impaired waterways.
For residents like Judy Cecil, whose families have lived next to the Big Bigby for generations, cleaning the creek and keeping it that way for good is essential.
“The main thing we’re trying to do,” she said, “is get the wastewater plant to clean up its act.”
Source: Columbia Daily Herald
Supreme Court Rules Unanimously Dams Must Obey Clean Water Law
Court Finds 9-0 for State Rights in Clean Water Cases
(May 16, 2006) Earlier this week the Supreme Court decided 9-0 to reject a South African company’s bid to exempt five hydroelectric dams it owns in Maine from the Clean Water Act. The court rejected the company’s arguments in S.D. Warren v. Maine Board of Environmental Protection with a common-sense decision that recognized well-established science that dams can have a huge impact on water quality.
“It was beyond ludicrous for S.D. Warren to argue that its dam didn’t have to comply with the Clean Water Act,” said Rebecca Wodder, president of American Rivers. “This is a victory for rivers, for the clean water, and most of all for good old common sense.”
While many dams provide benefits, they can also cause considerable harm to rivers, as well as local communities. Dams have depleted fisheries, degraded river ecosystems, and diminished recreational and economic opportunities on rivers across the nation.
Since 1970, states have used their authority under the Clean Water Act to require hydroelectric dams to mitigate their detrimental effects on water quality. S.D. Warren’s challenge could have rendered states incapable of setting even basic conditions for the operation of hydropower dams within their borders.
TCWN utilized this provision to restore 10,000 acres of biologically diverse land in the Southern Appalachians using the FERC relicensing process. This agreement protects 21 rare and endangered species and replenished flows in two previously dry stretches of river. Additionally, more that $12 million will be provided for conservation projects and recreational facilities.
As formal parties to the case, American Rivers and Friends of the Presumpscot River (FOPR) strongly supported the state of Maine’s right to establish requirements for dams on its rivers. They were joined by the Bush Administration, a bipartisan group of 36 state attorneys general, a coalition of more than four dozen conservation and fishing groups, American Indian tribes, and leading river scientists and engineers, and others that filed amicus or “friend of the Court” briefs.
Tennessee Attorney General Paul Summers signed on to the Amicus Briefs. By signing onto this briefs, Summers has shown his support to uphold the Clean Water Act and his willingness to support Tennesseans in helping to maintain and protect our clean water.
“Some cases are complicated, but this one wasn’t. Dams can hurt water quality, so water quality protection laws have to apply; it’s a no-brainer,” Wodder said. “We hope that the Court will apply this same common sense approach to the remaining Clean Water Act cases before them and affirm that all waters of the United States are deserving of federal protection.”
Click here to
read the summary
of the decision
Click here
to read the full decision
Source: American Rivers
County's troubled waters
35 streams on state's impaired water list; two others removed
By: Scott Barker, Knoxville News Sentinel
(April 19, 2006) Willow Fork meanders past ball fields, trickles through pastures, and skirts around subdivisions until it flows into Beaver Creek in Halls. The water gurgles over stones and fans out into sun-dappled pools. From a distance, Willow Fork looks healthy.
Looks can be deceiving.
Up close, the creek is clouded with sediment. Under the microscope, the water teems with bacteria. In places, the plant life on the stream bank, which prevents erosion and filters out harmful substances, has been removed.
Because of these woes, Willow Fork has been added to the state's list of impaired waters, accouding to a biennial report released this month by the Tennessee Department of Environment and Conservation.
State officials added two additional Beaver Creek tributaries to the list. Two other North Knox County streams improved enough for removal.
Bob Wolfenbarger of the Knox County Clean Water Alliance doesn't mince words when talking about the 35 streams in the county that made the list.
"Impaired means polluted," Wolfenbarger said. "It means somebody's breaking the law."
The 155-page impaired waters list is issued in conjunction with a 152-page status report of statewide water quality. Together, they offer a view of the health of Tennessee's waterways.
Officials review watershed data on a rotating basis, updating information for one-fifth of the state's watersheds for each report. Because some of the information is a decade old, the picture drawn from the reports is less a crisp snapshot of water quality than a blurred time-elapse exposure.
Still, some long-term trends have emerged over the years, said Paul Davis, who heads the state's Water Pollution Control Division.
The biggest change is that construction has moved ahead of heavy industry as a source of contaminants during the past three decades, Davis said. In addition to construction, rapid growth has meant that housing, commercial districts, industrial plants and recreational sites often exist side by side.
"In Tennessee and all Southeastern states, we work and live and play in watersheds where we fish and drink," Davis said.
Sedimentation, which can snuff out aquatic life, is the most common affliction, according to the status report.
Agriculture - because of pesticides, fertilizers and bacteria from manure - remains the biggest polluting source statewide, Davis said. Stream modification and municipal discharges, which include sanitary and storm sewer releases, also play a major role. Construction runoff is a problem in many areas.
"Sedimentation from construction is one of the major problems, and we're hearing that from all over the state," said Renee Hoyos, executive director of the Tennessee Clean Water Network.
There are 60,000 miles of streams and nearly 538,000 acres of lakes in Tennessee. Every body of water is supposed to support aquatic life and recreation, and most also are classified for irrigation and watering for livestock and wildlife. Others might supply drinking water, water for industrial use or allow for navigation.
One-third of the streams don't fully support all the uses designated by the state. State officials put 9,358 miles of streams - about 15 percent of the total - on the impaired waters list.
In Knox County, nearly 361 stream miles - enough for a pipeline stretching from Knoxville to Memphis and across the Mississippi River - are impaired.
One-fifth of the state's lake areas don't fully support all their designated uses, and Tennessee's wetlands have shrunk by about 60 percent to 787,000 acres.
The problems differ from community to community. Urban runoff is a problem in Knox County. In Sevier County, improper sewer connections and septic tank failures have fouled the Little Pigeon River.
The pollutants befouling area lakes are primarily PCBs and the pesticide chlordane, both of which were banned in the 1970s but stay in the environment for a long time.
Davis said problems with sewage primarily have been because of aging sewer lines.
"We were more successful in getting treatment plants in place than we were in maintaining our collection and transportation infrastructure," he said.
Under pressure from regulators, the Knoxville Utilities Board agreed to spend $350 million over the next decade to upgrade its sewers.
In addition to Willow Fork, two other Beaver Creek tributaries - Cox Creek and Plumb Creek - were added to the list because of high bacteria levels.
TDEC spokeswoman Tisha Calabrese-Benton said the addition of the streams doesn't necessarily mean that new sources of pollution have tainted the water. For example, she said, a University of Tennessee study of the Beaver Creek watershed has provided a much more detailed picture of the stream and its tributaries.
"Just because it's newly listed doesn't mean it's newly impaired," Calabrese-Benton said.
Ten East Tennessee streams, including two in North Knox County, have been dropped from the impaired waters list.
The North Fork of Bull Run Creek in North Knox County "improved dramatically" after TDEC forced the city of Maynardville to make improvements to its sewage system, the report states. The report credits successful efforts to reduce runoff from a rock quarry in Heiskell with helping to improve the health of Foster Branch.
As for Willow Fork and other impaired streams, Knox County is developing a comprehensive plan to improve water quality, said Dwight Van de Vate, spokesman for Knox County Mayor Mike Ragsdale.
The county and the city of Knoxville plan to hire a consultant to review their ordinances to comply with the state-mandated urban growth plan. A county stormwater ordinance proposed last year has been put on hold until then.
The county also has formed a task force with the Tennessee Valley Authority and other agencies to conduct an in-depth study of the Beaver Creek watershed.
"They're doing pretty detailed sampling and comparing it to various land uses to come up with a watershed land-use plan," said Knox County stormwater coordinator Chris Granju.
The Beaver Creek Watershed Association already has begun taking action. With the help of a TVA grant, the nonprofit group has established and improved Halls Marsh, a wetland at the confluence of Willow Fork and Beaver Creek.
Because wetlands filter out contaminants and snare sediments, the waters downstream should be getting a little less cloudy.
Source: Knoxville News Sentinel
Knox County's proposed stormwater ordinance does not meet state and federal clean water laws and therefore will do little to clean up our most impaired and polluted waters. Visit our pressroom to learn more.
Prevent Flooding, Get Involved: Knox County Clean Water Alliance
Knox County Clean Water Alliance Releases Flood Action Brochure
(April 10, 2006) The Knox County Clean Water Alliance has released a brochure to assist citizens document flooding and stormwater violations in Knox County. The brochure calls for Knox County residents to take pictures of flood damage and stormwater violations and report them to County decision makers in order for the County to adopt a more protective ordinance. The brochure gives examples of what types of pictures to take and lists names, addresses, emails and phone numbers of the decision makers to contact who can solve Knox County's flooding and drainage problems. There is also a support line for folks to call who have questions about taking pictures.
“If Mayor Ragsdale intends to continue growing Knox County, the Mayor must assume Knox County’s responsibility for protecting our water and individual property.” States Bob Wolfenbarger, president of Alice Bell neighborhood association and a leader of the Knox County Clean Water Alliance.
In February of this year, the KCCWA along with TCWN released a memo to Knox County government detailing at least 11 points in the County's proposed stormwater ordinance that do not meet state and federal clean water laws.
Knox County created the new stormwater ordinance to fulfill the state of Tennessee’s Municipal Storm Sewer System (MS4) phase II water pollution permit program. The MS4 Phase II Permit is given by the state, to small municipalities, to control pollution going into our waters. In particular, it is designed to control pollution that flows into our streams from over development, such as sediment or mud. The TN Department of Environment and Conservation (TDEC) labels sediment as the state’s number one source of pollution to our rivers, streams, and lakes. Sediment carried in water increases flooding, impacts water supplies and navigation, degrades aquatic habitat and transports chemicals.
One of the most shocking aspects of the Knox County’s proposed stormwater ordinance is the total disregard for individual property rights. In the County’s ordinance, it provides that the ultimate homeowner or landowner will be responsible for managing stormwater controls. This means if a stormwater control measure, such as a detention pond, was poorly constructed by the developer and not properly inspected by the County and it fails (i.e. causes flood damage to homes or pollutes a water way) the landowner is responsible for the damages. This creates a situation were neighbors will be suing neighbors to recoup damages to their property for a developer’s mistake and the County’s lack of enforcement.
“Knox County cannot lawfully transfer its permit obligations to private landowners in order to escape the long-term obligations imposed by the permit.” States Joe McCaleb, Esq. McCaleb is an environmental attorney retained by the TCWN and KCCWA. He was involved with the TCWN lawsuit against the Knoxville Utilities Board.
McCaleb further warns this portion of the ordinance is not consistent with the interpretation of the Federal Clean Water Act and its stormwater regulations.
Also, Knox County is currently in violation of water quality standards.
In addition, Knox County has 35 streams and their associated 357 river miles on TDEC’s list of the most impaired and polluted waters. The current proposed ordinance does little to address cleaning up and protecting these streams. In fact, the County’s proposed use of the state Construction General Permit to regulate water pollution during construction increases the possibility of adding pollution to these streams where no additional pollution is allowed by law.
Click here to download the KCCWA Flood Action Brochure
Click here to learn more about stormwater and flooding problems in Knox County.
Meeting over proposed landfill gives both sides chance to speak out
By: Danica Wright Booth, The Tennessean
On Thursday, March 30th, a public meeting was held at Bellevue Middle School in Nashville about a plan to use construction materials to fill the former Hutton stone quarry, just across McCrory Lane from Hidden River State Park. State Rep. Gary Moore hosted the meeting to give both the developer and the public a chance to speak on the proposals.
The proposals, Senate Bill 3663 and House Bill 3492, are to override part of the state Scenic Rivers Act and allow a construction and demolition landfill at the rock quarry, which is next to the Harpeth River. The meeting consisted of presentations by the developers and the Harpeth River Watershed Association. Though the proposed landfill would not allow hazardous waste, it would violate the State Scenic Rivers Act, which states that no landfill can be placed in such close proximity to one of Tennessee's 13 scenic rivers.
State Sen. Douglas Henry was a proponent of the Scenic Rivers Act, but he has additional reasons for not wanting to see the proposal move forward.
"I oppose it mainly because it would set a precedent for amending the Scenic Rivers laws when any developer wants to," Henry said. "If we do it for one, we have to do it for all."
The public meeting also gave a chance for representatives from Tennessee Department of Transportation to address concerns over increased traffic the landfill may cause.
Source: The Tennessean
Click here to read TCWN's letter to Senator Fowler opposing the landfill
Visit the Harpeth River Watershed Association website for more information
State Scenic Rivers Act at risk from construction debris landfill proposal along Scenic Harpeth in Bellevue
Please attend public meeting Thursday, March 30th, 6:30-8:00pm and contact your state legislators.
Location: Bellevue Middle School, 655 Colice-Jeanne Road
Investors have proposed a bill to our State Legislature that calls for an exemption to the prohibition of landfills along state scenic rivers in order to use the inactive McCrory Lane quarry adjacent to the State Scenic Harpeth River in Bellevue as a construction and demolition landfill. The State Scenic Rivers Act prohibits landfills “to protect Class II (scenic) rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes.” The Act prohibits landfills within two miles on either side of these scenic rivers. The Harpeth River in Davidson County is one of 13 state scenic rivers, and is a Class II scenic river as it flows by the quarry which is 500 feet from the river.
The passage of an exemption to the State Scenic Rivers Act for this landfill proposal in the McCrory Lane quarry has dramatic statewide ramifications. It would encourage others to seek specific landfill exemptions which would undermine the law’s intent to protect our state scenic rivers from water pollution by landfills. The legislators sponsoring the bill and Senator Henry are very concerned about this precedent. They have set a public meeting to ensure that the surrounding communities and public are aware of and can provide input on this landfill proposal.
HRWA has major concerns with the possibility of groundwater contamination and then pollution to the river from using the quarry as a construction debris landfill. The quarry has water in it and lies next to the Harpeth in limestone (karst) rock that is notorious for complex surface and groundwater connections. Though construction debris landfills are not legally supposed to take hazardous or household waste, landfills have been subject to great abuse, such as illegal dumping that causes contamination of groundwater and presents health risks. Dumpsters from construction/demolition sites get filled with all sorts of things that are not legally allowed in a construction and demolition landfill.
The Harpeth River is one of the most archeologically and historically significant rivers in Tennessee. It is also an extremely popular recreational river for residents of Williamson, Davidson, Cheatham and Dickson counties who canoe and fish along it through Davidson County and just downstream from the landfill proposal in the Narrows.
Please attend the upcoming March 30 public meeting to learn details on the proposal and provide your concerns. Contact your local and State legislators immediately to tell them you strongly support the State Scenic Rivers Act, and oppose any legislation that would weaken the Act’s protections of our rivers, especially Senate Bill 3663 and House Bill 3492. Your voice is important to make a difference and influence decisions that will directly affect your community, your family, the Scenic Harpeth River and all state Scenic Rivers.
For a flier, map, and HRWA’s letter to TDEC with details on this issue, please visit: www.harpethriver.org. The quarry is on McCrory Lane and US highway 70, across the street from the Hidden River State Park and very near the I-40 McCrory Lane exit.
Below are the key legislators, but please do not hesitate to contact your legislators outside the local Bellevue area to hear of your support for the State Scenic Rivers Act. Go to www.leglislature.state.tn.us to find your elected officials contact information.
[email protected] |
The proposed project is in Sen. Henry's district. Strongly opposes SB 3663 and HB 3492. |
[email protected] |
Sen. Fowler is the Chairman of the Environment, Conservation and Tourism Committee |
[email protected] |
Sen. Haynes is the bill sponsor for the exemption to the Scenic Rivers Act. |
[email protected] |
The proposed project is in Rep. Moore's district. |
[email protected] |
Rep Odom is the Chair of the Conservation and Environment Committee |
Charlie Tygard: district [email protected] |
The proposal is in Metro Councilman Charlie Tygard's district. |
Millions of gallons of sewage overflow into area creek
By SKYLER SWISHER/Staff Writer, Columbia Daily Herald
MT. PLEASANT — The state has renewed an environmental advisory urging Maury County residents to avoid touching the water in portions of Sugar Fork and Big Bigby creeks.
The advisory was issued March 1, lifted earlier this past week and renewed Thursday, said Dana Coleman, a spokeswoman for the Tennessee Department of Environment and Conservation.
“We thought they fixed the problem, but apparently not,” she said. “It (the overflow) was in the exact same spot. We wouldn’t have lifted it if we had realized it was still a problem. As soon as we realized it was still a problem, we put it back into place.”
The advisory applies to five miles of the stream, beginning at the overflow point on Sugar Fork Creek and continuing downstream to Big Bigby Creek until it reaches U.S. Highway 412.
The city estimated about 14 million gallons of sewage escaped at a manhole located near Sugar Fork Creek from Jan. 13-March 1.
The amount of sewage that escaped during that time would fill about 56 Olympic-size swimming pools.
After heavy rains this past week, the city reported another overflow at the manhole of about 150,000 gallons and an additional overflow at a manhole off of Magnolia Drive about 25 yards from the creek.
Tests showed the bacteria levels in the creeks had fallen to pre-incident levels, but the advisory was renewed when Mt. Pleasant officials reported additional overflows, Coleman said.
Bob DuBois, who lives on Cross Bridges Road outside of Mt. Pleasant, said his grandchildren used to canoe and wade through Big Bigby Creek, which runs across the creek.
They had been in the creek this past summer before the advisory was issued, he said.
“It kind of upset me to find out (about the danger) after we had been in the creek,” DuBois said. “We won’t go back into the creek until we know the problem is solved.”
Larry Gardner, who is temporarily overseeing the Mt. Pleasant Wastewater Department, said the heavy rainfall this week and the blockage of a pump caused the overflows. There was also a small leak in the line that had escaped detection, he said.
Gardner said the city’s wastewater lagoon system, which is scheduled to become operational in 2007, will process more wastewater than the current facility.
On April 1, Mt. Pleasant will also begin rehabilitating its antiquated sewer lines, he said.
“We are trying to do some quick fixes and do the best we can with what we got,” Gardner said.
“The long-term solution is going to be going out here and digging up lines, replacing lines, replacing manholes and completely rebuilding a lot of the system.”
Source: Columbia Daily Herald
The Tennessee Clean Water Network has experienced success with holding utility treatments plants accountable to the Clean Water Act and making them protect our waters by implementing long-term plans for clean up. Visit TCWN Settles with KUB over Sanitary Sewer Overflows to learn more.
McConnell Receives national award for wetlands protection
The Tennessee Clean Water Network’s 2005 River Hero Chester McConnell was recently announced as a recipient of a 2006 National Wetlands Award for Wetland Community Leader. Every year, the Environmental Law Institute’s National Wetlands Awards Program selects six outstanding recipients for their extraordinary dedication and contributions to protecting America’s wetlands. For the 2006 award, Chester McConnell was chosen as the Wetland Community Leader for his commendable dedication to protecting and conserving wetlands of Tennessee.
For over thirty years, Chester McConnell has been dedicated to activism for water issues in Tennessee and across the country. In the 1970s, McConnell played a large role in preventing the channelization of the Wolf River in Fayette County, Tennessee. From the late 1970s through the 1990s, McConnell was an extremely important advocate for wetlands protection in West Tennessee.
He opposed the West Tennessee Tributaries project, a dredging and enlarging project that would have potentially drained tens of thousands of acres of wetlands in West Tennessee. In a twenty year long campaign, McConnell has prevented the U.S. Army Corps of Engineers and the Obion Forked Deer Basin Authority from implementing projects that would effectively alter every portion of the Forked Deer and Obion Rivers.
Chester McConnell has continuously played a crucial role in watershed conservation issues in Tennessee, and has been involved in several federal and state court cases, appealed several water quality certifications before the Water Quality Control Board with great success, and promoted water issues through numerous appearances in local, regional and national media. Through all of his hard work and dedication, Chester McConnell has proven to be an invaluable resource for the protection of Tennessee’s water quality throughout the last several decades.
On July 18th, 2005, Chester McConnell was honored as the Tennessee Clean Water Network’s 2005 River Hero. Each year, the Bill Russell River Hero Award recognizes a Tennessee citizen who has shown remarkable dedication to protecting water resources in Tennessee as well as mobilizing the public to hold polluters responsible and the government accountable for enforcing clean water laws. The Tennessee Clean Water Network nominated Mr. McConnell for the National Wetlands Awards Program for his enormous contributions to conserving our state’s water resources and continued advocacy of watershed conservation over the past several decades.
Mr. Chester McConnell will be honored for this award on May 10th, 2006 in the Cannon House Building in Washington, D.C. Among the cosponsors of the National Wetlands Awards Program are the Environmental Law Institute, the United States Environmental Protection Agency, and the U.S.D.A. Natural Resource Conservation Service.
Click here for more information on the Environmental Law Institute’s National Wetlands Awards Program
Tune into WUOT Knoxville, 91.9 Today
The Clean Water Act was originally passed in 1972. Since then, advocates for the act say it’s done a remarkable job in cleaning up America’s rivers, streams and lakes.
But some say it’s too restrictive and changes to the Clean Water Act may be on the horizon.
It is no secret that Knox County has it's own share of flooding and water pollution problems. Can the Clean Water help you?
On our next Dialogue, WUOT Knoxville will talk with Renee Hoyos of the Tennessee Clean Water Network. And take your calls.
Join us for the discussion. Join us for Dialogue.
TODAY at 1 PM on 91.9 FM WUOT, Knoxville. 865.974.5050
Dialogue transcript coming soon…
Supreme Court Hears Landmark Clean Water Act Cases
(American Rivers) The Supreme Court of the United States heard a series of cases on February 21, 2006 that could radically reshape the reach of the Clean Water Act, according to experienced litigators and scholars. The cases S.D. Warren v. Maine Board of Environmental Protection, Rapanos v. United States and Carabell v. United States Army Corps of Engineers all deal with the ability of states and the federal government to protect water resources in the United States.
The first, S. D. Warren v. Maine Board of Environmental Protection, addresses whether Section 401 of the Clean Water Act, which requires activities that result in “any discharge into the navigable waters” to be mitigated, applies to hydroelectric dams since they essentially do not add anything to the water.
The S. D. Warren Paper Company has five hydroelectric dams along the Presumpscot River in Maine, and was granted a state water quality certification stipulating certain conditions for maintaining water quality standards in order to obtain a federal license from the Federal Energy Regulatory Commission (FERC) to operate their dams. These conditions included maintaining minimum flows of water, meeting certain dissolved oxygen requirements, and allowing for adequate fish protection and passage, thereby decreasing the large environmental impact of the dams.
TCWN was able to restore 10,000 acres of biologically diverse land in the Southern Appalachians using the FERC relicensing process. This agreement protects 21 rare and endangered species and replenished flows in two previously dry stretches of river. Additionally, more that $12 million will be provided for conservation projects and recreational facilities.
If the court sides with the S. D. Warren Paper Company, then the discharge of dams will no longer be monitored by the Clean Water Act, therefore eliminating the need for companies operating hydroelectric dams to obtain Clean Water Act permits. This would in effect make them immune to water quality standards set forth by the Clean Water Act and would no longer require them to mitigate the damage that dams incur on waterways. This case is extremely important because it affects more than 2500 dams on over 500 rivers across the United States. If the S.D. Warren Company prevailed, the burden of states to meet minimum water quality standards would fall on other industries and municipalities.
The other two cases, which have been consolidated, are Rapanos v. United States and Carabell v. United States Army Corps of Engineers. They deal with the ability of the federal government to mandate minimum protections on our nation’s waterways. Both cases are disputes over commercial developments in the wetlands of Michigan that affect tributaries of the Great Lakes. In both, developers have been joined by industrial polluters to challenge the definition of “federally protected waters” under the act, arguing that they can pollute even destroy these waters without a Clean Water Act permit.
American Rivers and several other nonprofit organizations, including TCWN, have filed Amicus Briefs that side with the United States government in upholding the Clean Water Act in both cases.
Tennessee Attorney General Paul Summers has also signed on to the two Amicus Briefs. By signing onto these briefs, Summers has shown his support to uphold the Clean Water Act and his willingness to support Tennesseans in helping to maintain and protect our clean water.
Please feel free to thank him at:
Office of Attorney General
P.O. Box 20207
Nashville, TN 37202-0207
615.741.3491
Source: American Rivers
US Fish and Wildlife Service Leaves out Public While Making Plans to pollute Reelfoot Lake
Draft plan outlines activities that destroys pristine habitat for sportsmen
Contact:
Renée Victoria Hoyos, Executive Director (w) 865.522.7007 (c) 865.607.6618
Al Hamilton, Vice-President of the Board of TCWN (c) 731-446-8234
(February 15, 2006) The US Fish and Wildlife Agency (USFWS) completed its Draft Environmental Assessment (EA) and Draft Comprehensive Conservation Plan (Draft Plan) for the Reelfoot Lake and Isom Lake Wildlife Refuge. This draft plan will direct activities on Reelfoot Lake for the next 20 years. The Reelfoot Lake, Lake Isom Wildlife Refuge was created in 1941 in a lease agreement with the State of Tennessee to create a sanctuary for migratory birds. TCWN provided comments to the draft illustrating a shift in the designated use of Reelfoot Lake would jeopardize the water quality and ruin Reelfoot Lake’s unique and pristine habitat
“The Network is disappointed in the Fish and Wildlife Service,” Says Renée Hoyos, Executive Director of the Tennessee Clean Water Network. “The Fish and Wildlife Service changed the designed use of the Refuge without properly notifying residents of Reelfoot and disregarded Reelfoots Lake’s Tier III water quality protection status in this draft plan.”
Given Reelfoot Lake’s Tier III protection status no pollution, or degradation, is allowed to the lake under the law. However, TCWN provided eleven pages of comments showing the USFWS draft plan will be moving away from protecting migratory birds to allowing construction, logging and land acquisition around and in the refuge. TCWN determined many of the proposed actions will negatively effect water quality and migratory bird habitat. Furthermore, the document is silent on issues that are within the USFWS authority that also impact water quality such as herbicide spraying and managing the lake water level and coordinating with the other two agencies that manage the lake, Tennessee Wildlife Resources Agency and the Tennessee Department of Environment and Conservation. Nor is there any mention of how the USFWS will obtain the necessary water quality permits required for these activities.
“We want the USFWS to reopen the process to allow an open dialogue with the residents of Reelfoot Lake.” Explains Hoyos. “We also want the USFWS to uphold Reelfoot Lake’s protection status by publicly addressing TCWN’s comments and making the suggested changes to the draft plan.”
By neglecting their duties, the USFWS is setting the stage for further destruction of Reelfoot Lake that is the hunting and fishing destination for thousands of people each year. Local residents and resort owners want a say in the new plan because it will affect their livelihoods.
"I have talked with several landowners and sportsman in the last three weeks, including resort owners around Reelfoot Lake, which will be effected by plan, very few knew anything about or were aware that the USFWS was writing a long range plan effecting them.” Says Al Hamilton, of the Reelfoot Lake Watch Group. “The purpose and stated intent of the August 28, 1941 lease and cooperative agreement between the State of Tennessee and USFWS is being altered without being subject to regulatory processes that are required under the National Environmental Protection Act (NEPA).
Background
Formed by a series of earthquakes in 1811-1812, Reelfoot Lake is Tennessee's only natural lake. It was recognized by the Tennessee Legislature in 1997 as an Outstanding National Resource Water given the highest protection from pollution under the law.
Unfortunately, dredging and toxic herbicide spraying on this lake are causing serious degradation and adding pollution to Reelfoot Lake where no pollution is allowed. The Tennessee Clean Water Network is working with the Reelfoot Lake Watch Group to protect this precious natural resources and hold the Tennessee Department of Environment and Conservation accountable to the laws set up to protect Reelfoot Lake.
The deadline for commenting on the EA and Draft Plan was January 30, 2006.
Click here to view TCWN’s comments.
Ragsdale, Wuethrich Jeopardize Clean Water and Individual Property Rights
Proposed County stormwater ordinance does not meet state and federal laws
Contacts: Renee Hoyos, TCWN, 865.522.7007
Cell: 865.607.6618
Mark Quarles, P.G., 615.504.0956
Joe McCaleb, Esq., 615.826.7245
(February 2, 2006) Last month representatives from the Tennessee Clean Water Network (TCWN) and the Knox County Clean Water Alliance (KCCWA) met with Knox County Stormwater Engineers to discuss non-compliance with state and federal laws in the County’s proposed stormwater ordinance. TCWN is the state’s only statewide organization solely dedicated to protecting our clean water resources and makes sure the Clean Water Act is upheld through out the state. TCWN helped form the neighborhood group, KCCWA, to address County Mayor Mike Ragsdale’s and Public Works and Engineering Department Head, Bruce Wuethrich’s refusal to protect the community’s right to clean water and property from flooding.
At the conclusion of the meeting, TCWN and KCCWA legal and technical experts drew up a memo illustrating at least eleven points in the County’s proposed stormwater ordinance where the County disregards state and federal laws; jeopardizing clean water and individual properties rights. TCWN is demanding Mayor Ragsdale and Mr. Wuethrich address these issues.
“The sheer number of times the County disregards state and federal clean water laws in their proposed stormwater ordinance is shocking.” Said Renée Hoyos, Executive Director for the Tennessee Clean Water Network.
Knox County created the new stormwater ordinance to fulfill the state of Tennessee’s Municipal Storm Sewer System (MS4) phase II water pollution permit program. The MS4 Phase II Permit is given by the state, to small municipalities, to control pollution going into our waters. In particular, it is designed to control pollution that flows into our streams from over development, such as sediment or mud. The TN Department of Environment and Conservation (TDEC) labels sediment as the state’s number one source of pollution to our rivers, streams, and lakes. Sediment carried in water increases flooding, impacts water supplies and navigation, degrades aquatic habitat and transports chemicals.
“If Mayor Ragsdale intends to continue growing Knox County, the Mayor must assume Knox County’s responsibility for protecting our water and individual property.” States Bob Wolfenbarger, president of Alice Bell neighborhood association and a leader of the Knox County Clean Water Alliance.
One of the most shocking aspects of the Knox County’s proposed stormwater ordinance is the total disregard for individual property rights. In the County’s ordinance, it provides that the ultimate homeowner or landowner will be responsible for managing stormwater controls. This means if a stormwater control measure, such as a detention pond, was poorly constructed by the developer and not properly inspected by the County and it fails (i.e. causes flood damage to homes or pollutes a water way) the landowner is responsible for the damages. This creates a situation were neighbors will be suing neighbors to recoup damages to their property for a developer’s mistake and the County’s lack of enforcement.
“Knox County cannot lawfully transfer its permit obligations to private landowners in order to escape the long-term obligations imposed by the permit.” States Joe McCaleb, Esq. McCaleb is an environmental attorney retained by the TCWN and KCCWA. He was involved with the TCWN lawsuit against the Knoxville Utilities Board.
McCaleb further warns this portion of the ordinance is not consistent with the interpretation of the Federal Clean Water Act and its stormwater regulations.
Also, Knox County is currently in violation of water quality standards. At the beginning of the meeting, Bob Wolfenbarger, KCCWA, passed around photos of water running thick with mud off of construction sites in the Beaver Creek Watershed. These photos illustrated clear violations of the Tennessee Water Quality Control Act and the Clean Water Act. Such violations should be fined several thousand dollars per day, per violation.
“On any given rainy day, any citizen can take pictures of a construction site polluting our streams with mud in Knox County.” Said Wolfenbarger. “That is how overwhelming this problem has become.”
In addition, Knox County has 35 streams and their associated 357 river miles on TDEC’s list of the most impaired and polluted waters. The current proposed ordinance does little to address cleaning up and protecting these streams. In fact, the County’s proposed use of the state Construction General Permit to regulate water pollution during construction increases the possibility of adding pollution to these streams where no additional pollution is allowed by law.
“Under Tennessee law, as mandated by the US EPA, TDEC has the authority to stop economic development in Knox County if water quality standards do not improve.” Said Mark Quarles, P.G. from Globally Green Consulting. Quarles is retained by TCWN and KCCWA.
Another example of Mr. Wuethrich’s failure to meet federal laws is neglecting to incorporate required provisions relevant to the Threaten and Endangered Species Act.
Mary Haley, AMEC, the consulting firm hired by the County to help write their MS4 permit, stated the process of determining the occurrence of threaten and endangered species is confusing and troublesome.
“The County is not at liberty to ignore sections of the Permit it finds burdensome.” Stated Quarles.
The methods and requirements for determining the occurrence of such species are clearly provided in the County’s MS4 permit. Upon review of the list of threaten and endangered species in Knox County, federally and state protected species are present in Knox County.
TCWN is demanding Mayor Ragsdale and Mr. Bruce Wuethrich respond to this memo and address the County’s violations of state and federal clean water laws and subsequent disregard for the protection of clean water and individual property rights.
Tennessee Clean Water Network and Knox County Clean Water Alliance are open to meeting with Knox County consultants and the Department of Engineering to further address the County’s non-compliance with state and federal clean water laws and subsequent disregard for the protection of clean water and individual property rights.
Click here to read all eleven points of contention from the Tennessee Clean Water Network and Knox County Clean Water Alliance regarding the proposed Knox County stormwater ordinance.
For more information on this story please visit our pressroom.
Bill would make insurers pay for sinkhole damage
By: Anne Paine, The Tennessean
(January 18, 2006) PORTLAND — Troy and Yvonne Givens lay sleeping in their home when something went terribly wrong.
The ground opened and one end of their $175,000 ranch-style house dropped into a growing chasm.
"There was no sound," said Yvonne, 69, her voice shaky as she recounted the horror that began six weeks ago.
"It was very quiet. We slept through it."
That morning when she and her 70-year-old husband woke and discovered the collapse, their lives were plunged into a nightmare that drew police, fire and codes officials along with community members to help.
The Givenses may get more help this evening through a charity benefit being in their honor, but one place they couldn't get assistance was from their insurance company.
Their homeowners' policy did not cover damage from sinkholes.
State law doesn't require insurers to offer sinkhole coverage — something the Givenses' state representative wants to change this year.
About half of Tennessee lies above karst, which is limestone etched with depressions, caves and underground streams. Collapses into the irregular geologic formations can happen with time.
Sinkholes can appear without warning throughout much of the state. Heavy rains such as those in the Midstate in the past couple of days can cause sinkholes to occur, but that's not always the case. The hole under the Givenses' house formed during dry weather.
Parts of Montgomery County are particularly vulnerable, but Rutherford and Davidson are among the many counties where sinkholes are found. Bites have been taken out of roads, homes have been damaged and swimming pools undermined.
"Generally, urbanization tends to increase the number of sinkholes that develop," said Phillip Kemmerly, an Austin Peay geology professor and consultant.
Changing the pattern of water runoff on a home site or on a new developmentcan alter nature's delicate balance, speeding erosion, for instance, of the formations underground, he said.
"You're going to have the problem whether humans are building or not, but we tend to aggravate it," he said.
The Givens home, built about 40 years ago, had shown no sign of cracks or sinking.
It was much like the other homes in the quiet subdivision next to a farm where soybeans and wheat are grown.
Neighbors now look to where the Givens' house once stood and see a jagged hole not quite filled with a mishmash of debris, including an aluminum carport awning, cinder blocks and an uprooted bush.
"It was like a slow death," Yvonne Givens said of watching for days as the hole spread and the house crumbled more.
Eventually, the remaining pieces were pushed in behind the rest to get rid of them.
"It was a terribly lonely, empty feeling," she said.
Check your policy
Just across the street, Julie Brown said Thursday that she was not worried about her house because an expert has told neighbors that no underground caverns could be detected on nearby property.
"We did check our homeowners (insurance policy)," she said.
The policy, she was relieved to find, covered sinkhole damage.
The Givenses aren't the first in Tennessee to lose their home in this way. Others, including a group of nine neighbors in an Oak Ridge subdivision, went through a similar experience several years ago.
State Rep. Mike McDonald, D-Portland, said he doesn't want anyone else to suffer such a tragedy and find that their insurance won't take care of them.
He has introduced two pieces of legislation, one of which would require sinkhole protection to be a standard part of all homeowner's insurance policies and another that would require it to be available as an addition to a policy.
McDonald said he is leaning toward the first.
"Whether it's a $175,000 or a $5,000 home and you lose everything, it's just devastating," he said. "I would urge everyone in the state to check their insurance policy and see if sinkhole losses are covered."
Kemmerly has advised for years that city planners, geologists and others work together as development increases to try to lessen the potential for sinkhole problems.
"We've had some homes go in," he said. "We've had patios. We've had roads. We haven't had anyone seriously injured yet.
"It might take something like that to get attention."
McDonald said he is optimistic about the chances of his bills making headway in the legislature, which is in the middle of a special session on ethics.
The insurance industry employs a gaggle of lobbyists on Capitol Hill. Many of the major firms offer the coverage, McDonald said. Some of his fellow lawmakers were surprised when he told them that sinkhole coverage wasn't required, he said.
Consultant Releases Memo to City/County on Stormwater
(January 10, 2006) Members of the Knox County Clean Water Alliance (KCCWA) and TCWN spoke with City of Knoxville Council Members regarding water pollution issues, specifically stormwater runoff, between the City of Knoxville and Knox County last week. The City and County formed a Review Committee to request that an independent consultant look into this matter.
However, as the request for these services is written, KCCWA and TCWN assert it is a waste of time and taxpayer money because it does little to reach actionable items to protect clean water and prevent flooding.
Mark Quarles, P.G. (Globally Green Consulting) spoke on behalf of TCWN and KCCWA. Knoxville City Council members asked Quarles for his written comments on this matter.
Quarles written memo concludes, "Knox County streams have been severely impaired by the release of pollutants from the affects of urbanization. Existing ordinances have not been affective in preventing the pollution of 35 streams and their associated 357 river miles..."
Quarles goes on to explain, "The City and the County need to address water quality issues by implementing actionable items and measurable standards that restore clean water in order to prevent the loss of economic development and to protect our waters for future generations."
TCWN is represented on the Review Committee by Renee Hoyos, Executive Director.
"My participation on this committee does not mean the TCWN endorses this effort." States Hoyos.
Hoyos considers the strength of the Network's participation is to ensure the efforts of the Review Committee result in protective measures of our waterways and that the public has access to information and meaningful participation.
TCWN, KCCWA, Mark Quarles P.G. and Joe McCaleb, Esq. plan to meet with Knox County Engineering and Public Works Department January 18th, 2006 to discuss the County's proposed stormwater ordinance and its goals for protecting clean water.
Click here to read Quarles complete memo.
Lax enforcement of sediment pollution from construction sites continues to be a problem on the state level as well. TCWN and TN Public Employee's for Environmental Responsibility wrote a report on this issue. Click here for more information.
Cleaning Up Stormwater
By: Gary Loe, WVLT, Knoxville
(January 4, 2006) Knoxville City Council members met Tuesday night to look at issues and goals for neighborhood drainage and flooding problems. The city and county are separately working on a plan to solve Knox County's stormwater problems.
There's concern among Knoxville City Council members about who's responsible for our stormwater overflow. Knox County Commissioners are in the process of developing a stormwater report. So Tuesday night, council met to develop a strategy to respond to any action the commissioners may take.
Knox County's stormwater division says the current drainage system is out of date and cannot handle the amount of water that heavy rains bring. This leads to flooding, and often sends sewage into the stormwater system, dumping eventually into creeks, streams and rivers. City and county leaders agreed in a 2001 urban agreement that Knox County would adopt stormwater discharge standards that were equal to, or exceeded the city's. Now, taxpayers money will be used to pay a consultant to evaluate that agreement, but a registered geologist hired by the Tennessee Clean Water Network tells city council members that won't lead to improved water quality.
"They're studying an urban agreement that has nothing related to stormwater, and it justs takes time and money to make that happen, and they're doing nothing to address the root of the problem, which is urbanization, which is impairing our streams," geologist Mark Quarles said.
Developer Victor Jernigan monitors the efforts of elected officials. He's concerned new restrictions may hurt his business.
"The more difficult the standards, the greater the land mass that has to be used to control the water, the less land there is for development and the greater the cost for the houses and the homes that will be built on the property eventually," Jernigan said.
Council members agreed to learn more about stormwater control, and to seek public input at a forum. They then want to meet with county commissioners in a workshop to study the problem.
"They should be addressing, writing a new ordinance that protects our rivers and streams and cleans those up that are on the 303d list, which is a list of the most impaired waters in the state of Tennessee," Quarles said.
TCWN Announces New Program
(January 3, 2006) The McKnight Foundation launched a new initiative this year to tackle sediment and nutrient problems throughout the Mississippi River that contributes to the Dead Zone in the Gulf of Mexico. The McKnight Foundation envisions a collaborative comprised of 12 statewide groups that currently work on water quality issues to work together in a more formalized fashion to address these problems both within the state and between states using farm programs as a way to approach these problems. The Tennessee Clean Water Network was chosen as one of the twelve groups. The McKnight Foundation has allocated $3,000,000 over three years to be used for coordination activities as well as to hire one person per group to work solely on these issues.
“I am extremely excited to be participating in the 12-state coalition to reduce sediment and nutrients to the Mississippi River.” States Renée Hoyos, TCWN Executive Director.
The Dead Zone, or more scientifically the Gulf of Mexico Hypoxia, is an area along the Louisiana continental shelf that has seasonally depleted oxygen levels. In the summer, when temperatures rise, the combination of nutrients and sediment from upstream Mississippi River drain into this area of the gulf causing declines in commercial and recreational fishing, a main economic driver of this region. The Dead Zone changes seasonally and yearly. In the summer it swells to the size of New Jersey (18,000 square kilometers) and was at its largest in 1999 - 7,728 sq. miles enough to cover the water area of Minnesota, the land of 10,000 lakes.
The four main areas that the collaborative will be looking at are: 1) nutrient reduction and the development of state nutrient standards that are complimentary up and down the Mississippi River Basin; 2) Anti-degradation policies throughout the states; 3) water quality standards to make sure that all states are meeting Clean Water Act requirements; 4) Farm Bill conservation programs as a means for reducing sediments and nutrients.
“The Farm Bill is an excellent way to work with the Agricultural community to accomplish these tasks,” Hoyos continues. “Farming is a way of life in this state and we hope to make a positive impact to preserve water quality and enhance our cultural heritage.”
Tennessee Clean Water Network is pleased to be working with some very prestigious groups in the Mississippi River Basin. The twelve groups are: Environmental Law and Policy Center (Chicago, IL); Gulf Restoration Network (New Orleans, LA); Iowa Environmental Council (Des Moine, IA); Kentucky Waterways Alliance (Munfordville, KY); Louisiana Environmental Action Network (New Orleans, LA); Midwest Environmental Advocates (Madison, WI); Missouri Coalition for the Environment (St. Louis, MO); Prairie River Alliance (Champaign, IL); Tennessee PEER (Nashville, TN); Tulane Environmental Law Clinic (New Orleans, LA); and Washington University Integrated Environmental Clinic (St. Louis, MO).
Search for stormwater consultant stalls
By: Hayes Hickman, Knoxville News Sentinel
(December 19, 2005)The search for an independent consultant to review Knox County's latest proposed stormwater ordinance has been stalled before it could begin by claims that the selection committee is too pro-development.
An unpublicized and little-known review group recently was organized by Dave Hill, the city of Knoxville's chief operating officer, to draft a request for proposals and to choose an engineering consultant.
The consultant would be hired to conduct a technical analysis of whether the proposed county ordinance fulfills the terms of the 2001 city-county Urban Gro