Contact:

Stephanie Durman, TCWN General Counsel, 865-244-5121

FOR IMMEDIATE RELEASE

A Victory For Clean Water In Madisonville and the Tellico Reservoir

June 30, 2015 – After years of permit violations and pollution of Bat Creek, a tributary of the Tellico Reservoir, a federal court ordered the City of Madisonville to build a new wastewater treatment plant to go into operation by June 30, 2017.

The consent decree was signed on June 29, 2015, by U.S. Eastern Tennessee District Court Chief District Judge Tom Varlan.  The consent decree acknowledged the violations of the Clean Water Act by the existing Madisonville sewage collection system and its treatment plant, and requires the City of Madisonville to follow a defined action plan for meeting its obligations under its state discharge permit. Critically, the plan calls for Madisonville to build a new sewage treatment plant to discharge highly treated wastewater to Bat Creek and to eliminate overflows of raw sewage from the headworks of the existing plant.

The consent decree settles a lawsuit filed against the City of Madisonville by the Tennessee Clean Water Network (TCWN) and the Watershed Association of the Tellico Reservoir (WATeR).

“We are pleased the consent decree compels the city to take action to bring its system into compliance with its discharge permit, which was written to protect water quality in Bat Creek and the Tellico Reservoir,” said TCWN General Counsel Stephanie Durman. “All of the parties involved in negotiating this settlement recognized that a permanent fix was needed, and sooner rather than later. With this resolution, the people of Madisonville and the Tellico Reservoir area will benefit from cleaner water for generations.”

WATeR supports policies and projects that protect and improve the environment in and around Tellico Reservoir. The focus is on issues, policies, and practices that promote clean air, water, and natural habitat so that humans can live, work, and play in harmony with native plants and animals as well as with each other.

“The members of WATeR have been waiting a long time for this day to come,” said Bill Waldrop of WATeR.  “The continued pollution of our creeks and streams is a threat to this area’s way of life that is based on clean water and recreational use of the Tellico Reservoir.”

“The record of environmental violations from this treatment plant reflects a pattern of discharges from the 1950s prior to the enactment of environmental laws.  The corrective action specified in the consent decree will bring the people of Madisonville and throughout the watershed of Tellico Lake a modern facility to treat sewage and help to improve and maintain the quality of life in this area,” Waldrop continued.

Durman noted that the consent decree also requires Madisonville to pay $10,000 for a supplemental environmental project that will monitor a number of pollutants in Bat Creek for two years.

The entire consent decree is available at the TCWN website, www.tcwn.org/cleanwater.

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About TCWN:

Tennessee Clean Water Network is a nonprofit organization created to advocate for strong policies and programs that result in more effective protection and restoration of Tennessee’s waters and to educate organizations, decision-makers and the public about important water resource issues. Visit TCWN’s website at www.tcwn.org for more information on TCWN’s programs and policies to improve water quality in the state.

###

Contact:

Stephanie Durman, TCWN General Counsel, 865-244-5121

Jane Davenport, Defenders Senior Staff Attorney, 202-772-3274

FOR IMMEDIATE RELEASE

Citizen Groups Sue to Protect Imperiled Fish from Strip Mining Pollution

May 4, 2015 –Today, four citizen groups filed suit in the Federal District Court in Knoxville, alleging two federal agencies failed to meet their obligations under the Endangered Species Act to consult with each other to protect the threatened blackside dace when issuing the coal mining permit for the 1,088-acre Sterling and Strays strip mine in Claiborne County, Tennessee.

Plaintiffs include Defenders of Wildlife, the Sierra Club, the Tennessee Clean Water Network (TCWN), and Statewide Organizing for Community eMpowerment (SOCM).

The lawsuit alleges that the US Dept. of Interior’s (DOI) Office of Surface Mining (OSM) failed to consult with the DOI’s U.S. Fish and Wildlife Services (FWS) concerning adverse impacts on a federally protected fish species in the Clear Fork Creek watershed before issuing the permit for the strip mining operation near Clairfield, Tennessee.

The citizen groups contend OSM and FWS did not perform their duties under Section 7 of the Endangered Species Act, which requires them to consult with each other to insure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any threatened or endangered species.

“The blackside dace is not only a unique part of Tennessee’s natural heritage, but is also the ‘canary in the coal mine’ for water quality,” said Jane Davenport, senior attorney with Defenders of Wildlife. “The blackside dace needs what we all need – clean, fresh water that’s not contaminated by strip mining pollution. If dace are getting sick and dying, people are next.  Indeed, peer-reviewed studies have well documented the serious health threat caused by mountaintop removal mining.”

“OSM’s own analysis shows that both sediment and conductivity will increase significantly during the 10-year life of this mine. This pollution will threaten water quality in streams that support the backside dace, a rare fish species endemic to coal mining regions in Tennessee and Kentucky.  OSM relied on 19-year-old Biological Opinion to grant the permit, but this opinion is not site or species specific and does nothing to protect fish from coal mining pollution,” said TCWN General Counsel Stephanie Durman.

 “The fact is that OSM did not perform the required due diligence to protect blackside dace, even though is well-known that coal mining operations have a terrible impact on surrounding creeks and rivers. Our organizations cannot just sit back and watch as the very agencies tasked with protecting our environment fail to fulfill their responsibilities under the law,” said Sierra Club volunteer Axel Ringe

Claiborne County resident Vickie Terry, a member of SOCM, lives near the proposed mining site.  “My family and I are very concerned about the health of our water because it affects our health,” Terry said.  “I have several grandchildren that enjoy fishing and swimming in our local streams.”

“The streams are a major part of our recreational activities, and we have regular stream cleanups because we want them to remain clean.  One of the best things is knowing that the water in these streams is still clean enough to support rare species such as the blackside dace.  These permits could result in our water being poisoned and the destruction of these beautiful streams and mountains.  That would change communities in Claiborne County forever,” Terry added.

More information and a copy of the complaint are available at www.tcwn.org/cleanwater1.

TCWN and other citizen groups in Tennessee are opposing a bill in the Tennessee Legislature that would return the duty of issuing coal strip mine permits to the Tennessee Department of Environment and Conservation from the federal Office of Surface Mining (SB0842/HB0833).  The bill would create another state department to handle the permits, costing Tennessee taxpayers millions of dollars in the next five years to operate.

The Monday, April 6, 2015, editorial in the Knoxville News-Sentinel states a great case against this unnecessary bill.  The paper writes that the bill is terribly flawed.  Please contact your legislator and ask him or her to vote against this bill.

Editorial: State shouldn't regulate coal mining again

3:00 AM, Apr 6, 2015

editorials

The state of Tennessee would seek to reassume responsibility for regulating coal mining after more than three decades of federal oversight under a bill advancing through the Legislature.

Tennessee is the only coal-producing state that has surrendered the regulation of coal mining to the U.S. Office of Surface Mining Reclamation and Enforcement, so the idea sounds good on the surface. Dig deeper, however, and the proposal is badly flawed.

Tennessee abdicated its regulatory responsibilities in 1984 after a dispute with OSM, which essentially is supposed to act as a watchdog over state regulators. Since then, OSM has issued permits, inspected mines and enforced the Surface Mining Control and Reclamation Act of 1977. Under the bill, The Tennessee Department of Environment and Conservation would assume those duties, though Tennessee cannot unilaterally make the decision. If the bill passes, TDEC would have to prove to the Department of the Interior it is capable of properly regulating the industry.

The bill's sponsors are Rep. Dennis Powers, R-Jacksboro, and Sen. Ken Yager, R-Kingston. The bill's authors, however, are the Tennessee Mining Association and its lobbyists, Chuck Laine and Roxanne Reiley. They contend that TDEC would be able to process permit applications faster than OSM, leading to an expansion of mining in Tennessee and more jobs in the coal fields.

The problem with the industry appears to be more a shrinking market for the state's high-sulfur coal than regulatory sluggishness.

Coal production in Tennessee plunged 90 percent from its peak of 11 million tons in 1972 to 1.1 million tons in 2013. The number of miners has dwindled below 500.

There are only five mines in the state that are actually producing coal, according to a recent OSM report. There are nine mines that are fully permitted but not producing a single chunk of coal.

If Tennessee regains primacy, a newly christened Board of Natural Resources would have to develop regulations and TDEC would have to hire staff to do the work of issuing permits, inspecting mines and enforcing the rules. The federal government would split the cost with the state, with permitting fees and a new state severance tax on coal covering the state's portion of the tab. The numbers are fuzzy, however, and the production of coal can vary wildly while the state's fixed costs would remain constant at best.

When the idea of the state reassuming primacy in coal regulation was floated last year, our support for exploring the possibility was contingent upon passage of the Scenic Vistas Protection Act. That proposal would have kept TDEC from issuing water quality permits to mines that operated on the peaks of mountains. The act's sponsor and primary advocate, Knoxville Democratic Rep. Gloria Johnson, was defeated in the November elections, leaving the measure without a legislative advocate.

In the absence of such a law, which would prevent the type of mountaintop removal mining that has savaged mountains in Kentucky and West Virginia, we cannot support the primacy bill. Coal is no longer king in Tennessee's mountains; tourism is.

FOR IMMEDIATE RELEASE

TCWN’s Wild & Scenic Film Festival Brings the Best in Outdoor Films to Knoxville

March 2, 2015 – The Tennessee Clean Water Network is bringing a premier collection of environmental films that showcase gorgeous natural cinematography, hair-raising outdoor adventures and the critical environmental issues of our time to the Wild & Scenic Film Festival on Thursday, April 2, 2015.

The Wild & Scenic Film Festival will be shown at the Relix Theatre located at 1208 North Central in North Knoxville’s Happy Holler.  Doors will open at 6:30 PM and the films will start at 7 PM.  General Admission tickets are $10 and a donation of $20 includes admission for the film festival and a TCWN annual membership.  Tickets can be purchased at www.tcwn.org and following the Donate link at the top of the page.

“The TCWN staff has selected 90 minutes of incredible films that are sure to engage, inspire and entertain young and old at the festival,” said Patience Melnik, TCWN’s Director of Environmental Health Programs.  “The film festival is also designed to raise public awareness of several of our most pressing environmental issues and how individual actions can make a difference in our efforts to improve sustainable practices.”

“There will also be information on how TCWN is improving the health our state’s communities.  From cleaning up our drinking water supply to helping reduce obesity and diabetes rates, TCWN is working hard to protect the health and environment of the Volunteer State,” Melnik added.

Some of the films to be shown at the Wild & Scenic Film Festival include:

“Common Ground”

            Director Alexandria Bombach uses soaring panoramic shots of the Rockies Front Range to highlight some ranching and farming communities that are faced with decisions about what is to become of this unprotected public land.   As the community battles with the idea of proposing more wilderness areas, heritage and tradition are seemingly defended on both sides of the argument.

“The Ridge”

            Danny Macaskill is a very good bike rider.  A very, very, good biker rider.  So he climbed a mountain near his home on the Isle of Skye off the coast of Scotland and did something that will make you scream with joy and horror.

“14.c”

            Climbers all have a story about how they got started, and 14-year-old Kai Lighter’s introduction is particularly striking – and not only because he’s a brilliant climber.  Much like Tiger Woods in golf or the Williams sisters in tennis, Kai could change the demographics of climbing.  This film, directed by George Knowles, isn’t about race; however, it’s about family.  His single mother has become his regular belay partner, and she also makes sure that he maintains a straight A grade point average in school.  This film has won the Most Inspiring Award at the 5Point Film Festival and was a runner-up at the Mountain Film Festival in Telluride, Colorado.

The Wild & Scenic Film Festival is produced by SYRCL and its national partners Patagonia, CLIF Bar, Sierra Nevada Brewing, Klean Kanteen, Orion Magazine and Barefoot Wine and Bubbly.

For more information on the Wild & Scenic Film Festival, call Patience at 865-522-7007, ext. 105 or email at [email protected].

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About TCWN:

Tennessee Clean Water Network is a nonprofit organization created to advocate for strong policies and programs that result in more effective protection and restoration of Tennessee’s waters and to educate organizations, decision-makers and the public about important water resource issues. Visit TCWN’s website at www.tcwn.org for more information on TCWN’s programs and policies to improve water quality in the state.

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For Immediate Release: January 29, 2015

Contact:
Adam Beitman, Sierra Club, 202-670-5585 [email protected]

Haley McKey, Defenders of Wildlife, 202-772-0247, [email protected]

Heather Davis, Statewide Organizing for Community eMpowerment, 865-268-4402

                         [email protected]

Stephanie Matheny, Tennessee Clean Water Network, 865-244-5121 [email protected]

Court Clears Way for Lawsuit to Protect Endangered Species from Destructive Coal Mining in Tennessee
Groups Allege that Federal Agencies Violated Endangered Species Act in TN Mining Approvals
 

Knoxville, TN – The U.S. District Court for the Eastern District of Tennessee has issued a decision allowing a lawsuit to proceed against the federal Office of Surface Mining (OSM) and the U.S. Fish and Wildlife Service (USFWS). The lawsuit, a first of its kind, argues that the agencies have violated the Endangered Species Act by approving mining permits for the Zeb Mountain and Davis Creek Area 5 surface mines in Tennessee.

Defenders of Wildlife, Statewide Organizing for Community eMpowerment (SOCM), Tennessee Clean Water Network (TCWN), and the Sierra Club argue that OSM and the USFWS failed to 

fully consider the effects that specific forms of pollution from mining operations, as evidenced by the best science and data available, would have on the endangered Cumberland darter and the threatened blackside dace; two fresh water fish found primarily in the areas threatened by mining waste pollution from these sites.

The decision resolves efforts by the agencies to block the litigation. The court will next consider arguments going to the merits of the groups’ claims.

Tom Chadwell has lived with the pollution and environmental damage of strip mining near his home for decades.  "My family is pleased that this case can moved forward,” said Chadwell, a Sierra Club member.  “The area around Davis Creek has been the focus of coal strip mining operations for generations. It gives me hope for the future of the environment of my homeplace to think the court and society may begin to offer some degree of protection to the more sensitive species in our ecosystem." 

The groups contend that mining pollution – as indicated by high levels of conductivity – put the future of the blackside dace and Cumberland darter at risk. Conductivity is a measure of the ability of fresh water to carry an electric current. The higher the conductivity level in Appalachian streams, the more pollutants are in the water and the greater the threat to certain species of aquatic life. Conductivity is measured in microSiemens per centimeter (µS/cm) with a safe level for the darter and dace being less than 240 µS/cm. However, tests of the water downstream from the Zeb mountaintop removal mine site show conductivity ranging from 538 to 886 µS/cm – far outside safe limits for the fish. In fact, in 2010 the Environmental Protection Agency reviewed state mining permits in Appalachia and found that none of them took steps to prevent pollution that increases conductivity in streams mining operations filled with debris.

"The science is clear," says Patrick Morales, SOCM President, "The toxic substances released by surface mining, particularly mountaintop removal mining, are a huge threat to fish populations in Appalachia.”

“Thankfully, the court realizes the importance of protecting our Tennessee waterways, and we hope that this will help curtail future degradation to our water," Morales added.

Defenders of Wildlife, SOCM, TCWN and Sierra Club are represented in this action by Defenders of Wildlife senior staff attorney Jane Davenport and TCWN’s attorney Stephanie Durman Matheny.

"The court’s decision sets an important precedent allowing Tennesseans to exercise their rights to protect threatened and endangered species from the harmful effects of strip mining," said Matheny. "Cleaner water for imperiled fish means cleaner water for people too."

“It is the responsibility of our federal agencies to ensure that mining and other development efforts do not destroy our nation’s fish and wildlife,” said Davenport. “The court’s decision to let this case move forward was absolutely correct. The evidence is clear: the agencies did not consider the devastating impacts these proposed mines could have on imperiled fish species in the region. These impacts need to be adequately assessed before the projects get underway.  At the end of the day, this is a lawsuit about water quality, and degraded water quality is a warning flag of significance not only for the affected species of fish but for humans downstream as well. ”

Mountaintop removal and other forms of surface mining have already caused a significant decrease in the dace and darter populations. Mountaintop removal is an extremely destructive form of coal mining. Mines clear-cut timber and undergrowth, blast open the earth, and destroy streams, including by filling them with mining waste. This devastating practice poisons drinking water, lays waste to wildlife habitat, increases risk of flooding, and wipes out entire communities. According to a 2005 Environmental Impact Statement, mountaintop removal coal mining has buried and contaminated more than 2,000 miles of streams in Appalachia – and many more miles have been buried since then.

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December 30, 2014

GROUPS CALL FOR REJECTION OF COAL ASH DUMP AT
KINGSTON COAL PLANT
Proposed TDEC Permit Raises Major Red Flags, Fails to Protect Health and Safety

KNOXVILLE, TN – Today, a coalition of environmental and conservation groups urged the Tennessee Department of Environment and Conservation to revoke a 2007 permit for a coal ash disposal facility at the Tennessee Valley Authority Kingston coal plant.  The groups also asked TDEC to reject major changes to the 2007 permit requested by TVA until a safer site is found for the disposal of past and future coal ash.

Coal ash, the toxic by-product left over after coal is burned, contains heavy metals like arsenic, lead, selenium, and other dangerous substances. The public health hazards and environmental threats to nearby communities from unsafe coal ash storage have been documented for decades, and include increased risk of cancer, learning disabilities, asthma, and other illnesses.

In 2008, over 5 million cubic yards of toxic coal ash from the Kingston coal plant had disastrous consequences for the local environment. In 2010, the landfill TVA is seeking to modify with a new permit experienced a collapse from a sinkhole, releasing ash waste and wastewater that included large quantities of selenium, which is toxic to fish, into the environment. The extent of harm to the Clinch River is not yet fully known.

To address the problems with the existing coal ash permit, and the proposed modifications requested by TVA to the landfill, the groups submitted extensive technical information and comments to TDEC. The groups note that in addition to ongoing contamination from the Kingston coal ash ponds, the site continues to be geologically complex and unstable.  Also, the proposed permit modifications do not adequately plan to deal with future sinkholes or provide sufficient analysis of the ecological dangers posed to the Clinch River from coal ash.

“The site under consideration is vastly unstable and inherently flawed as a storage facility for toxic coal waste. We strongly urge TDEC to deny the permit modification and start over with TVA to ensure that they get this right and not risk any more collapses that threaten nearby waterways that have already been so insulted by contamination problems,” stated Ulla Reeves, High Risk Energy Director with Southern Alliance for Clean Energy.

The groups’ comments highlight the unsuitability and instability of the coal ash landfill, which both TDEC and TVA have acknowledged. TVA discovered 10 sinkholes after construction of the landfill initially began, and in December 2010, an 11th large and sudden sinkhole collapsed within one of the ash disposal areas. Currently, the proposal to mitigate sinkholes that carry wastes directly to surrounding waters does nothing to protect groundwater levels influenced by the Clinch River.

Additionally, TVA’s proposed water quality monitoring plan doesn’t meet TDEC’s own policy regarding monitoring for a long list of toxic chemicals associated with coal ash, including aluminum, arsenic, boron, manganese, strontium, and Total Dissolved Solids (TDS).

“Given TVA's history of leaks, blowouts, and the catastrophic disaster at the Kingston coal ash landfill, it’s hard to believe the utility, along with TDEC, would propose a permit modification as inadequate and sloppy as this one,” said Axel Ringe, Conservation Director of the Sierra Club’s Tennessee Chapter. “Earlier this month, the U.S. Environmental Protection Agency set new coal ash rules, which makes you wonder why TDEC and TVA rushed to push these changes to the permit through so swiftly in the first place.”

Franz Raetzer, a Roane County resident and member of Statewide Organizing for Community eMpowerment added, “Undiluted coal combustion waste is toxic and has to be stored in a safe way forever. I do not understand why TDEC and TVA are proposing a permit that does not seem to take this into account and instead seems to cover up that this storage would not be safe. As a resident of Roane County, I am deeply concerned about this, in light of the 2008 and 2010 spills, and the effect on our community.”

“This permit is a disaster in the making.  TVA is fully aware of what happens when it stores coal ash in an unstable area. Yet, TVA is proposing to do the same thing again and hoping for a different result.  TVA should go back to the drawing board and find a safe site for its coal ash landfill,” said Mary Whittle, an attorney for Earthjustice.

“TVA and TDEC didn’t even require groundwater monitoring for coal ash pollutants – something they told the citizens of Tennessee they would do at all of TVA’s coal ash landfills.  And that’s just one example of how little thought went into this permit modification,” said Abel Russ, an attorney with the Environmental Integrity Project.

The coalition of groups submitting comments to TDEC includes: Southern Alliance for Clean Energy, Southern Environmental Law Center, Tennessee Clean Water Network, Statewide Organizing for Community eMpowerment, Environmental Integrity Project, Earthjustice and Sierra Club.

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Contact:

Nick Sifuentes, 310-866-1692, [email protected]

Stephanie Durman Matheny, 865-244-5121, [email protected]

Conservation Groups File Notice Against Tenn. Valley Authority Over Coal Ash Pollution at Gallatin Plant

Six years after TVA was involved in largest coal ash spill in the country, groups allege that coal ash at TVA’s Gallatin Plant is leaking into Cumberland River and other drinking water sources

Gallatin, TN – Coal ash ponds at Tennessee Valley Authority’s (TVA) Gallatin Fossil Plant have been leaking harmful pollutants into the Cumberland River and surrounding groundwater for decades in violation of the Clean Water Act, charged conservation groups in a notice filed today.

The Southern Environmental Law Center (SELC), representing the Tennessee Scenic Rivers Association, and the Tennessee Clean Water Network (TCWN), sent notice today to the Tennessee Valley Authority and the Tennessee Department of Environment and Conservation (TDEC) of their intentions to bring suit under the Clean Water Act to stop the release of coal ash pollutants, such as arsenic and cadmium, into the Cumberland River and other surface and groundwater sites near the Gallatin Fossil Plant in middle Tennessee.

The groups contend that Gallatin’s coal ash ponds located adjacent to the Cumberland River hold over fifty-five years of coal ash waste in unlined, unprotected pits. Coal ash waste is widely known to contain harmful pollutants, including heavy metals, which can cause harm to human health and the environment. Known pollutants exceeding federal safety levels at the Gallatin site include arsenic, beryllium, boron, cadmium, cobalt, mercury, and vanadium. In some cases, the amounts of pollutants tested at the site are hundreds of thousands of times what is legally allowed.

The Cumberland River provides drinking water for 1.2 million residents downstream from these leaking coal ash pits in Gallatin, Nashville, Rutherford County, and Williamson County. In fact, the City of Gallatin’s drinking water system withdraws water from the Cumberland River less than one and one-half miles downstream of the Gallatin Plant, and the city lists the Gallatin Plant as a primary threat to its drinking water supply. In addition, independent testing suggests that private drinking wells within a mile of the Gallatin facility have been contaminated by the coal ash operations at the plant.

The coal ash ponds at Gallatin have already been called a “significant hazard” by the EPA, indicating that a dam failure would cause economic loss, environmental damage, or other concerns. Moreover, in 2013, EPA found that some of the earthen dams at the Gallatin Plant were only in “fair” condition and in need of improvement.

The EPA stated that improvements to rectify Gallatin’s shortcomings “should be given the highest priority” given the potential impacts on human health and the environment. “Even though the EPA made it clear that the Gallatin plant poses a hazard to the surrounding communities, TVA has not yet acted to make the fixes the agency recommended, leaving us all still at risk,” said Anne Davis, Managing Attorney at SELC’s Nashville office. “We know these coal ash pits are leaking harmful toxins into our water. It can’t go on another day. It’s time for TVA to remove all of the coal ash and move it to safe facilities away from our water supplies.”

“TVA has known for years that the coal ash ponds at Gallatin are leaking into our rivers and our groundwater,” said Stephanie Durman Matheny, Attorney at Tennessee Clean Water Network. “You would imagine that in the wake of the Kingston spill—which TVA is still cleaning up six years later—it would make sure another disaster on that scale would never happen again. Unfortunately, Gallatin’s leaking coal ash ponds are proof that TVA hasn’t learned its lesson, and we’re the ones who will pay the price if another disaster happens.”

 “The scariest thing about the coal ash ponds at Gallatin is that they hold over two billion gallons of pollutants, meaning a disaster there has the potential to dwarf the Kingston coal ash spill,” said Charlie Wilkerson, President of Tennessee Scenic Rivers Association. “The Kingston disaster, which spilled one billion gallons of coal ash and other pollutants into the Emory and Clinch Rivers, was the single largest coal ash disaster in history—and an accident at Gallatin could be far, far worse.”

Nearly every major river in the Southeast has coal ash ponds from power plants on its banks, and SELC is partnering with conservation groups throughout the region to protect communities and the environment from the dangers of coal ash pollution. Following lawsuits by the Southern Environmental Law Center, two of the three utilities in the Carolinas—South Carolina Electric & Gas and Santee Cooper—are removing coal ash from unlined pits near rivers in South Carolina to safer, dry, lined storage facilities away from rivers and lakes. In addition, SELC currently represents dozens of groups in ten different state and federal lawsuits to clean up at all 14 of Duke Energy’s leaking coal ash sites throughout North Carolina.

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About Southern Environmental Law Center: The Southern Environmental Law Center is a regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of about 60 legal and policy experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. www.SouthernEnvironment.org

About Tennessee Clean Water Network: Tennessee Clean Water Network is a nonprofit organization created to advocate for strong policies and programs that result in more effective protection and restoration of Tennessee’s waters and to educate organizations, decision-makers and the public about important water resource issues. www.tcwn.org

About Tennessee Scenic Rivers Association: The Tennessee Scenic Rivers Association (TSRA) is a volunteer organization dedicated to the preservation, protection and restoration of the scenic, free-flowing rivers of our state. Based in Nashville, Tennessee, the organization has approximately 1,000 members across the state and the south. www.PaddleTSRA.org

Contact:   Stephanie Matheny (TCWN) – 865.522.7007 x102 or 865.244.5211 (cell)

                 Bill Waldrop (WATeR) – 865-809-1111

FOR IMMEDIATE RELEASE

Two Citizens Groups Issue 60-Day Notice of Intent to Sue the City of Madisonville Regarding Clean Water Act Violations

August 4, 2014 - As a result of years of permit violations, the Tennessee Clean Water Network (TCWN) and the Watershed Association of the Tellico Reservoir (WATeR) have sent a 60-day notice of intent to sue to the City of Madisonville regarding chronic and egregious violations of the Clean Water Act.

            The City of Madisonville operates a wastewater treatment plant and a sewage collection system that discharge to Bat Creek, which is a tributary of the Tellico Reservoir of the Little Tennessee River.

            “Based on the records obtained from TDEC, Madisonville has reported more than 5,200 days of violation of numeric effluent limits from August 2009 to May 2014 as well as 136 overflows totaling millions of gallons of untreated sewage discharged to area streams,” said Stephanie Matheny, TCWN’s attorney.  “TDEC sampling has shown that the Madisonville system discharges nitrogen, phosphorus, and bacteria in amounts that are hazardous to humans and aquatic life in Bat Creek.”

            “Madisonville and TDEC have been working on this pollution problem since 2007, but for various reasons, have not reached a long-term solution to protect the people of Monroe and surrounding counties.  The intent of this 60-day notice is to let the officials in Madisonville and the state know that TCWN and WATeR are prepared to ask a court to compel action to bring this system into compliance with its permit requirements,” Matheny added.

            WATeR supports policies and projects that protect and improve the environment in and around Tellico Reservoir. The focus is on issues, policies, and practices that promote clean air, water, and natural habitat so that humans can live, work, and play in harmony with native plants and animals as well as with each other.

            “Many people have moved to the Tellico Reservoir area because of its unique scenic beauty and clean water,” said Bill Waldrop of WATeR.  “The continued pollution of our creeks and streams is a threat to this area’s way of life that is based on clean water and recreational use of the Tellico Reservoir.”

            “The record of environmental violations from this treatment plant reflects a pattern of discharges from the 1950s prior to the enactment of environmental laws.  This is what you expect to find in a Third World country, not in the 21st century in East Tennessee.  To correct these problems will likely require a major change in managerial attitude toward environmental stewardship and an allocation of appropriate resources to correct for years of neglect of maintenance and an upgrade of the entire sewer system,” Waldrop continued.

            “Many other cities along the Tennessee River and its tributaries have decided to live up to their environmental responsibilities by investing the money needed to bring their systems into compliance with the Clean Water Act,” Matheny noted.

            A copy of the 60-day notice, including a list of the violations alleged, is available at tcwn.org/cleanwater1.

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About TCWN:

Tennessee Clean Water Network is a nonprofit organization created to advocate for strong policies and programs that result in more effective protection and restoration of Tennessee’s waters and to educate organizations, decision-makers and the public about important water resource issues.

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July 7, 2014

FOR IMMEDIATE RELEASE

Goats Two, The Sequel, is coming to East Knoxville Thursday

Knoxville, TN - Following up on the smash hit from the summer of 2013, the goats are returning to Williams Creek Urban Forest for a second season of eating those invasive weeds and grasses that we all hate, but goats love.

The goats will start to chow down on the Williams Creek Urban Forest weeds at 11 AM, Thursday, July 10, 2014 on the property located near the intersection of Brooks and Daily streets.  The goats will stay on the urban forest until October.

The Tennessee Clean Water Network is working with Whistlepig Farms (www.whistlepigfarmsgoats.com) and the city of Knoxville to restore the Williams Creek Urban Forest and the surrounding properties.  The final phase of the urban forest acquisition, which was funded by the Aslan Foundation and Alcoa Foundation, was deeded to the city in June of this year.

Restoration plans for the property call for using goats to combat invasive species on the land for a three-year period, creating an interpretive trail through the property and working with the Tennessee Department of Environment and Conservation to remove Williams Creek from its list of impaired waterbodies due to habitat alteration and e.coli contamination.

“It’s great to have the goats back for another summer of fine dining on kudzu, privet and honeysuckle vine,” said Renée Victoria Hoyos, TCWN’s Executive Director.  “They did a wonderful job of trimming back the weeds in an environmentally friendly way without the use of herbicides and other chemicals that would threaten water quality in Williams Creek. Plus they are a joy to have around for the summer. Hoyos also said that Otter, the goat-herding dog, will be returning to Williams Creek Urban Forest again this year to chaperone the goats.

The public is welcome to join us to greet the goats on Thursday. This event is kid friendly.

TCWN Applauds New Clean Water Rule to Restore Protections to Small Streams and Many Wetlands

Knoxville, Tennessee – Under a proposed rule now open for public comment, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) aim to restore historic Clean Water Act protections to hundreds of thousands of miles of streams and millions of acres of wetlands. When this policy is finalized, streams and wetlands that directly influence the water quality of our nation’s rivers, lakes and bays will once again be protected from pollution and destruction.

“This proposed rule will help to ensure the small creeks and streams that start in the Great Smoky Mountains and the Cumberland Mountains will received as much protection as the Tennessee, Cumberland and Mississippi rivers,” said Renee Hoyos, Tennessee Clean Water Network executive director.  “The wetland protection is important in Tennessee as well.  A study by the Association of State Wetland Managers shows that the state has lost nearly 60 percent of its wetlands with only 787,000 acres remaining of these valuable, environmentally sensitive areas.”

“The Tennessee Department of Environment and Conservation (TDEC) has already identified about 6,700 miles of Tennessee streams as polluted by too much E. coli, and it has only evaluated about half of the stream miles statewide. The Clean Water Act is an essential tool in TCWN’s efforts to clean up these polluted streams and this resolution on the definitions in the Act will help us to better focus our activities on preventing and stopping water pollution,” Hoyos added.

For the past decade, there has been confusion over which streams and wetlands are covered by the Clean Water Act because of polluter friendly court decisions and subsequent Bush administration policies.  This confusion has put the drinking water of over 117 million people at risk. One in three Americans relies on public drinking water supplies that are fed by headwater or seasonally flowing streams.

The proposed rule clarifies protections for about two million miles of streams and 20 million acres of wetlands and other waters based on the copious science showing these types of waters have a significant physical, chemical, or biological connection to traditionally navigable or interstate waters. The proposed rule preserves the existing Clean Water Act exemptions for farming, forestry, mining and certain other land use activities. When finalized, this “waters of the United States” rule will bolster the Clean Water Act’s legal and scientific foundation, provide greater long-term certainty for landowners, and protect the streams, wetlands and other waters that feed our Nation’s rivers, lakes and bays. 

“This proposed rule is long overdue and will benefit millions of people in Tennessee and all across the country” said Hoyos.  “The rule is a critical step toward protecting streams and wetlands that feed our drinking water supplies, filter pollutants and safeguard communities from flooding.”

TCWN urges the Administration to finalize this strong rule to restore protections to all water, including seasonal wetlands and other waters. Every water body is important and a strong rule will improve the health of our nation’s rivers, lakes, and bays, which depend on the smaller water bodies that feed into them,” Hoyos added.

For more information on the proposed EPA rule, visit the EPA website at http://www2.epa.gov/laws-regulations.  Information on TCWN’s programs and activities can be found at www.tcwn.org.

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About TCWN:

Tennessee Clean Water Network is a nonprofit organization created to advocate for strong policies and programs that result in more effective protection and restoration of Tennessee’s waters and to educate organizations, decision-makers and the public about important water resource issues.

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Feb. 26, 2014 – Tennessee Clean Water Network Executive Director Renee Hoyos announced today the acquisition of several properties adjoining the Williams Creek Urban Forest which doubled the size of the nature site in East Knoxville.

                TCWN closed on lots on Daily, Trigg and Kurtzmn streets Tuesday, which totaled about 5 acres in size.  The boundaries of the existing properties in the Williams Creek Urban Forest total about 5 acres, and the new property doubles  the size of the forest to approximately 10 acres.  The Williams Creek Urban Forest is between Brooks Ave. and South Chestnut Street and bound by Biddle and Trigg streets to the east and west.

                “This is very exciting as we have been working on acquiring these properties for several years,” Hoyos said.  “This property is designated to be an urban forest restoration project that will return the property to its natural state in several years with passive uses including a greenway and outdoor classrooms included in the long-term plan for the area.”

                “These properties were purchased using generous grants TCWN received from the Aslan and Alcoa Foundations.  We appreciate their continued financial support of TCWN’s efforts to promote healthier communities across Tennessee.”

                Hoyos said TCWN will deed the new properties to the City of Knoxville for its parks system as has been done with the original five acres of property.  “Williams Creek is listed on the Tennessee List of Impaired Waterbodies for habitat alteration and e. coli contamination.  This project will attempt to remove the creek from that list of polluted waterbodies and make it more of a benefit to the surrounding neighborhoods.  I appreciate the help the City of Knoxville is providing in being a partner on this project.”

                The first step in restoring the property was the introduction of a herd of goats last summer to help control invasive weeds and plants.  “The goats are returning again this summer for some fine dining on the kudzu, privet and other invasive species growing on the property.  Using the goats is a very economical way to control these invasive species in an environmentally friendly manner.”

                “The goats will be returning again in the summer of 2014 to begin clearing put the underbrush on the new property.  We will also be using volunteer groups and inmate work crews from the Knox County Sheriff’s Department to help clear out the trash, tires and invasive weeds as well,” Hoyos added.

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About TCWN:

Tennessee Clean Water Network is a nonprofit organization created to advocate for strong policies and programs that result in more effective protection and restoration of Tennessee’s waters and to educate organizations, decision-makers and the public about important water resource issues.  For more information, visit the TCWN website at www.tcwn.org.

For Immediate Release:
July 12, 2013

Contact:        

Stephanie Matheny, Tennessee Clean Water Network, cell 865.244.5121, [email protected] 

Axel Ringe, Sierra Club TN Chapter, 865.397.1840

Jane Davenport, Defenders of Wildlife, 202.772.3274

Casey Self, Statewide Organizing for Community eMpowerment, 703.568.0736

Nashville, TN – Local and national conservation groups are raising concerns about the degradation of local creeks and the Clear Fork of the Cumberland River by the proposed 578-acre Clear Fork Surface Mine in Claiborne County, Tennessee. 

The Tennessee Clean Water Network (“TCWN”), Sierra Club, Defenders of Wildlife and Statewide Organizing for Community eMpowerment (“SOCM”), have filed a petition with the Tennessee Board of Water Quality, Oil and Gas to seek review of the decision by the Tennessee Department of Environment and Conservation (“TDEC”) that degradation of Rock Creek, Straight Creek and the Clear Fork of the Cumberland River is justified by economic and social necessity.

“The last thing Claiborne County needs is another strip mine,” said TCWN attorney Stephanie Matheny.  “Strip mining does not provide sustainable economic opportunities, harms the quality of life for people who live in the nearby communities and destroys water quality.”

The groups allege that TDEC violated Tennessee’s Antidegradation Statement, which prohibits lowering of water quality in rivers that are designated as Exceptional Tennessee Waters, including several of the receiving streams for the Clear Fork mine, except in very limited circumstances.

 “The antidegradation rule is not a mere formality,” explained Axel Ringe of the Tennessee Chapter of the Sierra Club.  “It requires TDEC to show that alternatives to more pollution – including better treatment – are not feasible.  The mining company also has to demonstrate that degradation is economically or socially necessary and will not harm existing water quality.  None of that happened here.”

The organizations are particularly concerned that this mine, along with several other new mines recently proposed in the same vicinity, might further harm the federally threatened blackside dace.  “Blackside dace are barely surviving in the Clear Fork watershed.  The health of this little fish is linked to our own health. If our waters are too polluted for the dace, they will be too polluted for the local community as well,” said Jane Davenport, attorney for Defenders of Wildlife.

“We support the development of a vibrant economy for local residents that also preserves water quality and community vitality. This mine is only likely to operate for a few short years, yet the detrimental results will impact the community for years to come,” added Ann League of SOCM.

For a copy of the petition and other documents, go to www.tcwn.org/cleanwater1.

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Knoxville, TN

​June 21, 2013

In an article in today’s Nashville Tennessean, Mr. Sherwin Smith deputy director of TDEC’s Division of Water Resources, said ““We take water quality very seriously. Very, very seriously.  But you need to make sure that when you make water quality complaints you have a basis, because federally, if there’s no water quality issues, that can be considered under Homeland Security an act of terrorism.”

http://www.tennessean.com/article/20130621/NEWS02/306210110/Official-Water-complaints-could-act-terrorism-

The undersigned organizations believe, while Mr. Smith clarifies his statement once pressed and is likely accurate in his facts, we believe it was an unnecessarily drastic and inappropriate comparison for a TDEC employee to use when describing our rights as citizens to participate in the public process. It appears to be a scare tactic employed by the state to quash this particular group's efforts to protect their drinking water. We adamantly oppose the state attempting to scare groups into silence, especially equating their actions with terrorism. 

“The residents of Tennessee have a right under the Tennessee Water Quality Control Act to lodge complaints with the Commissioner of TDEC and TDEC is required to respond to them within 90 days.” Said Renée Victoria Hoyos, Executive Director of TCWN. “Invoking images of Homeland Security and terrorism related to complaining about a public water supply suppress the people’s voice.”

Organizations:

Renée Victoria Hoyos, Executive Director, TN Clean Water Network

Keven Routon, Chapter Chair, Tennessee Chapter of the Sierra Club

Stewart Clifton, Tennessee Conservation Voters

Amelia Parker, Executive Director, Statewide Organizing for Community eMpowerment

Media Contact:

Renée Hoyos

Cell: 865-607-6618, Office: 865-522-7007 x100

Email: [email protected]

PRESS RELEASE

For Immediate Release: April 15, 2013

Contact:   Renée Victoria Hoyos, Executive Director, 865.522.7007 x100 (o) or 865.607.6618 (c)

TCWN releases report on TDEC’s enforcement program

Knoxville, TN

Today the Tennessee Clean Water Network released the third in a series of reports on the Tennessee Department of Environment and Conservation’s water protection programs. The research shows a 75% reduction in enforcement actions taken by TDEC since 2007. This latest report analyzes the past two years of enforcement and focuses on why there has been a significant decline in enforcement actions.

Several enforcement trends remain the same:

• High fine forgiveness continues, meaning violators pay less.
• There is no geographic focus for enforcement actions – only half of the counties in Tennessee had enforcement actions in 2011, this dropped to a third of them in 2012, with no indication the Department is discriminatory regarding where enforcement occurs.
• Construction activities continue to dominate the type of violators receiving enforcement – construction and development activities made up over half of all enforcement taken in the past two years.

Fine reductions remain the biggest problem. The fine assessment process is inconsistent, resulting in low fine collection up-front. The result is that Tennesseans bear the costs of pollution rather than the polluter.

 “The severe decline in enforcement of our water rules is inexplicable,” says Renée Victoria Hoyos, Executive Director of TCWN. “Allowing violators to escape proper enforcement sends the wrong message: that you can come to Tennessee, pollute our rivers and streams and receive little or no punishment.”

The report addresses a few potential reasons enforcement has declined, but points out TCWN’s own work proves there is no shortage of violations throughout the state. TCWN has initiated multiple citizen enforcement actions across the state seeking correction and penalties for water quality permit violations.

This year’s report also compares TDEC’s policies to what actually happens in enforcement orders and determines there is little consistency. What the Department does actually contradicts its written procedures.

“Over half of the mandatory fines paid to the Department are under $2000. Does this cover the cost to the state of enforcement and remediation? Or are Tennesseans paying for it?” asked Ms. Hoyos. “We are calling on TDEC Commissioner Martineau to assure his staff and the public the Department is still committed to effective enforcement. We also urge TDEC to assess fines suitable to cover the costs so it does not continue to be the burden of the taxpayer.” 

To read the report and learn more about the Tennessee Clean Water Network, go to http://tcwn.org/programs.

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P. O. Box 1521    Knoxville, Tennessee 37901

office: 865.522.7007    fax: 865.525.4988    website: www.tcwn.org

Pulaski, TN.  The Tennessee Clean Water Network (“TCWN”) filed a 60-day notice of intent to sue Tennessee Valley Recycling (“TVR”) for alleged violations of the Clean Water Act on August 20, 2012.  

TVR recycles scrap metal at its Pulaski, Tennessee facility, and discharges polluted stormwater to Richland Creek just downstream from the city’s drinking water intake.  This stormwater contains high levels of polychlorinated biphenyls (PCBs), total suspended solids (“TSS”), and zinc that exceed limits set to protect water quality and human health.  

Based on a review of TVR’s discharge reports, TCWN alleges that TVR has violated its PCB limit at least 26 times since December 2010, with exceedances ranging up to 166 times the limit.  “These chronic and severe violations need to stop now, either through aggressive enforcement or through revocation of the permit,” said TCWN Executive Director Renée Victoria Hoyos.  

PCBs are highly toxic, persistent, and bioaccumulative.  PCBs were used in electrical equipment, fluorescent light ballasts, and a variety of consumer products until they were banned in 1979.  Unfortunately, many of these old products remain in circulation, and may be recycled at scrap yards like TVR’s.  Once released to rivers and streams, PCBs enter the food web and accumulate in fish tissue, potentially exposing people who consume these fish to high levels of PCBs.  PCBs have the potential to cause cancers and affect the immune system, nervous system, and reproductive system in humans.  It has been found that elevations in blood pressure, serum triglyceride, and serum cholesterol have been reported with increasing serum levels of PCBs in humans.

“PCBs are nothing to mess around with.  These are very toxic pollutants that should be kept out of our waterways,” said Ms. Hoyos.

In addition to alleging PCB violations, TCWN’s Notice of Intent cites 22 violations of the TSS limit, 13 violations of the zinc limit, and numerous violations of monitoring and reporting requirements.  Each violation is subject to a civil penalty to be paid to the U.S. Treasury of up to $37,500 per day.

Unfortunately, TVR and its predecessor, Denbo Scrap Metals, have an extensive history of violating permit requirements.  According to Tennessee Department of Environment and Conservation (“TDEC”) files, it took Denbo about a decade after it first opened – including four years after a TDEC order - to install even a settling pond.  When issuing the current permit, TDEC stated TVR had committed “multiple permit infractions too numerous to list here.” In October 2006, TDEC took the extraordinary step of threatening to revoke the permit, but instead directed TVR to relocate its outfall below the city’s drinking water intake and build a new pond.

For the complete Notice Letter, click here.

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July 12, 2012 

For Immediate Release 

Contact: Renée Victoria Hoyos, 865.522.7007 x100 or 865.607.6618

Mascot, TN.  The Tennessee Clean Water Network (“TCWN”) lodged a proposed consent decree with Mine Road Properties, LLC for alleged violations of the Clean Water Act on July 5, 2012.   Mine Road Properties, LLC owns an approximately 118-acre site in Mascot, TN that was historically used to process and store tailings from nearby zinc mines.  The Mine Road site has discharged a milky-white mixture of crushed limestone laced with heavy metals into Flat Creek, a tributary to the Holston River, for decades without any regulatory controls.

Immediately upon receipt of the 60-day notice of intent to sue for alleged violations of the Clean Water Act, Mine Road Properties, LLC and the Tennessee Department of Environment and Conservation (“TDEC”) worked with TCWN to create a plan to prevent polluted stormwater from reaching Flat Creek.  The plan includes structures to prevent, slow, and treat runoff.  Implementation of the plan will qualify the site for the required Clean Water Act permit, which will prohibit discharges that cause pollution.

TCWN is very happy with the results.

“We’ve been hearing about the site for years.” Says Renée Victoria Hoyos, Executive Director of TCWN. “I’m glad we were able to come to a swift agreement to fix the problem. Now the work begins.”   

TCWN’s review of files at TDEC found that the state had inspected the site back in 2003 but had not done anything to fix this long-standing environmental problem.  

“TCWN got involved because the state looked at the site and did not figure out how to regulate it,” said TCWN Staff Attorney Stephanie Matheny.  “We did the research, and determined the Clean Water Act was the best vehicle to stop the ongoing pollution problem.  We are confident the corrective action plan and compliance with the new discharge permit will have a significant positive impact on water quality.”

For all documents related to this suit, go to http://www.tcwn.org/cleanwater1

 
 
For Immediate Release: July 2, 2012
 
Contacts:
Renée Victoria Hoyos, Tennessee Clean Water Network, (865) 522.7007 x100, [email protected]
Josh Galperin, Southern Alliance for Clean Energy, (865) 637.6055 X 23, [email protected]
Axel C. Ringe, TN Chapter Sierra Club, (865) 397-1840, [email protected]
Abigail Dillen, Earthjustice, (212) 791-1881 x8221, [email protected]
Abel Russ, Environmental Integrity Project, (202) 263-4453, [email protected]
Michelle Haynes, (615) 452-7500, [email protected]

 
Tennessee Gives Free Pass to Dirty TVA Coal Plant 
Environmental Groups Take Legal Action to Protect Clean Water
 
Nashville, Tennessee – Community and environmental groups appealed a pollution permit issued to Tennessee Valley Authority ("TVA") for its Gallatin coal-fired power plant to prevent toxic discharges of heavy metals and other harmful waste byproducts of burning coal.  The plant’s polluted wastewaters are dumped into unlined ponds that allow pollution to continue to harm the environment.
 

In addition to the toxic discharges, Gallatin’s water cooling intake system routinely kills tens of thousands of fish and other aquatic life that become trapped in the structures every year.  The group is asking that Gallatin use better technology to protect fish and other aquatic life.
 

The appeal, filed with the Tennessee Water Quality Control Board, challenges the wastewater discharge permit from the Tennessee Department of Environmental Conservation (TDEC) based on its failure to include any limits at all on the discharge of toxic metals.  EPA, which has recognized that coal plants are among the top dischargers of toxics in the nation, had informed TDEC that these discharge limits were required, but TDEC has refused to set them.   
 

“The water quality of the lake affects me on a daily basis, so I am outraged that the TDEC would allow this plant to discharge toxic pollutants into Old Hickory Lake,” said Michelle Haines, who lives on Old Hickory Lake, adjacent to the Gallatin plant. “I am deeply concerned about myself, my family, our animals, and my community’s health and safety. Until TDEC takes proper action, I believe it’s too dangerous to swim, fish, or boat in the water.”
 
The groups also challenges TDEC’s refusal to impose any permit conditions designed to protect fish.  While the Clean Water Act requires coal plants to minimize harm to fish and other aquatic life, the Gallatin Fossil Plant uses an outdated cooling system with water intake structures that suck enormous numbers of fish into the works of the coal plant and kills them.
 
“Gallatin has polluted Tennessee’s water since the 1950’s. In all that time, TDEC has never seen fit to require modern pollution controls,” said Josh Galperin, with Southern Alliance for Clean Energy. “While the best way for TVA to stop this pollution is to retire the Gallatin plant and move away from burning dirty coal, they are unfortunately poised to spend nearly $1 billion to extend Gallatin’s life and actually increase the water pollution in this process. TDEC must act expeditiously to enforce strict pollution limits on the toxics this old coal plant dumps into the Cumberland River every day.”
 
The Tennessee Valley Authority (“TVA”) historically has operated some of the dirtiest coal-fired power plants in the country.  After years of litigation, TVA recently entered into a settlement that requires installation of modern air pollution controls, but the utility has not yet addressed its major water pollution and waste problems.

“TVA has been polluting water in Tennessee for too long.” said Renée Victoria Hoyos, Executive Director of the Tennessee Clean Water Network. “We need limits on the amount of heavy metals and other pollutants that this old coal plant can dump into the Cumberland River every day.  TDEC can set these limits if they want to and we are asking that they do.” 
 
Almost four years ago, its Kingston Fossil Plant spilled over one billion gallons of toxic coal ash, killing nearby fish and wildlife and causing a mudflow wave of water and ash that covered 12 homes.  Cleanup of that spill continues today.  Weeks later, TVA’s Widows Creek Plant spilled over 10,000 tons of waste into in the Tennessee River in Alabama. 
 
 “Even TVA has promised that it is going to stop using these dangerous impoundments for their ash and wastewater, but TDEC has given them a permit that lets them go on with business as usual for another five years,” said Axel C. Ringe, Vice Conservation Chair of the Tennessee Chapter Sierra Club.
 
“TVA is doing nothing to reduce pollution and nothing to stop daily fish kills, and TDEC giving that do-nothing program its stamp of approval,” said Earthjustice attorney Abigail Dillen.  “If TVA wants to keep operating this old plant into the 21st century, it needs to invest in 21st pollution controls.”
 
Earthjustice represents the Tennessee Clean Water Network, the Sierra Club and the Southern Alliance for Clean Energy in the case. 

 
PRESS RELEASE
For Immediate Release:  April 16, 2012
Contact:   Renée Victoria Hoyos – 865.522.7007 x100
 
Tennessee Clean Water Network settles with the City of Memphis over Sanitary Sewer Overflows
 
Memphis TN –
 
The Tennessee Clean Water Network (TCWN), United States Environmental Protection Agency (USEPA) and the Tennessee Department of Environment and Conservation (TDEC) settled today with the City of Memphis (the City) to fix sanitary sewer overflows (SSOs) and foam discharges.
 
“We are very pleased with the results of the negotiation,” said Renée Victoria Hoyos, Executive Director of the Tennessee Clean Water Network. “All parties worked hard to create a settlement that was fair that will lead to elimination of SSOs, better reporting and less floating foam.”
 
Through a series of file reviews and citizen complaints, TCWN discovered that the City reported 1,170 sewer overflows in a five year period.  Local kayakers contacted TCWN with photos complaining of foam coming from the M.C. Stiles Sewage Treatment Plant floating down the Mississippi River.  As a result, in December 2009 the TCWN filed a 60-day notice of intent to sue the City for sanitary sewer overflows, visible floating foam, and other permit violations. 
 
On Day 60, The USEPA and the Tennessee Department of Environment and Conservation filed an enforcement action against the City of Memphis. TCWN intervened in the case to ensure that there was a citizen activist group at the table.
 
Under terms of the agreement the City of Memphis will assess 10% of the sewer system each year. In year 1, the City will concentrate on areas near Cypress and Cane Creeks where the system is the oldest and the creeks impaired for pathogens.  In year 2, the City will concentrate on the Lick Creek and close-in areas due to basement backups. The City has also committed to three large infrastructure projects, including the Wolf River Interceptor where a failure there could cause a major SSO to the Wolf River.
 
The settlement will also require the City to have written policies and procedures for operation and maintenance activities. 
 
One major problem identified in the consent decree was the disposal of fats, oil and grease (FOG) to the sewer system.  The City has taken proactive measures to educate the public about FOG with billboards and other public education tools.
 
TCWN has expressed disappointment, though, about the City’s refusal to do a Supplemental Environmental Project.  These projects can be performed in lieu of fines paid to the federal government and can assist communities most impacted by sewer overflows. Projects can range from low-interest loans to homeowners for repairs to lateral sewer lines or property acquisition to increase parkland.  The City instead chose to pay a fine of $645,000 to the Department of Justice.
 
The City did agree to perform a “color study” to determine the source of color that was causing a color contrast into the Mississippi River from the M.C. Stiles Plant and partial GIS mapping of the sewer system. The City prefers to employ the use of a “Sewer Bible” - a paper copy of the sewer system that employees use to manually update repairs and maintenance.  Cities of comparable size and smaller have moved to complete GIS mapping of the system to analyze their sewer system.
 
The public will have 30 days to review the consent decree. The City of Memphis will post all documents related to the settlement in a document repository on the City of Memphis website and copies will be available at the Central Library.    If you see an SSO, please report it immediately to the Department of Public Works (901) 576-6742.
 
“The problem of sanitary sewer overflows is not just a Memphis problem,” said Ms. Hoyos.  “These problems occur throughout Tennessee and the nation.  Federal funding for infrastructure improvements has declined in recent years and municipalities are squeamish to raise fees to pay for needed repairs and maintenance.  Until we see dedicated funding to maintain our sewage treatment plants, we will continue to have contamination of our streams, rivers, lakes and communities.”
 
 
 
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(New Orleans, LA)— Today environmental groups challenged the Environmental Protection Agency’s (EPA) refusal to address a critical pollution problem it has acknowledged for decades.  

The two legal actions filed today seek action from the agency on nitrogen and phosphorus pollution, which stimulates excessive growth of algae, kick-starting a biological process that severely depletes oxygen levels in aquatic ecosystems and chokes marine life.  An enormous example of this problem is the “Dead Zone” that forms in the Gulf of Mexico in the summer.  In addition, toxic algae blooms result in fish kills, the death of livestock and pets, and damage to drinking water supplies.   Addressing Dead Zone pollution is thus necessary to restore health to the Gulf of Mexico and upstream waters of the Mississippi River Basin.

 “The ecology and economy of the Gulf of Mexico have paid the price for EPA’s endless dithering about Dead Zone pollution,” said Matt Rota, Director of Science and Water Policy with the non-profit Gulf Restoration Network. “The most meaningful action the EPA can take is to set limits on the amount of these pollutants allowed in the Mississippi River watershed so that the fish and the fisheries can recover.”

Members of the Mississippi River Collaborative, represented by the Natural Resources Defense Council, are challenging EPA’s denial of a 2008 petition to the agency asking EPA to establish quantifiable standards and cleanup plans for Dead Zone pollution.  Separately, several conservation groups are seeking to compel EPA to finally respond to an even older petition – a 2007 request that EPA modernize its decades-old pollution standards for sewage treatment plants and include Dead Zone pollution in those standards. 

“Decisive EPA action on Dead Zone pollutants is a decade overdue,” said Glynnis Collins, Executive Director of Illinois-based Prairie Rivers Network. “Illinois is the biggest contributor of agricultural pollution that creates this yearly crisis. With little action coming from the state, we clearly need an external push to be a more responsible neighbor."

When scientists from the Louisiana Universities Marine Consortium completed their annual measurement of the 2011 Gulf Dead Zone, it measured 6,765 square miles - larger than the state of Connecticut—and it is growing, having doubled in size since 1985.  In the Gulf, the pollution harms the $2.8 billion fishing industry.

The unrelenting problem of excess nitrogen and phosphorous has also proven costly upstream. For example, seasonally the Raccoon and the Des Moines Rivers in Iowa carry excessive levels of nitrates, requiring special treatment before the water is safe enough for Des Moines-area residents to drink.  

The EPA called on states in 1998 to adopt specific limits on nitrogen and phosphorus pollution, and promised to enact its own limits if states had not complied by 2003. Every state along the Mississippi River ignored that deadline, and so far, only Wisconsin and Minnesota have taken effective action on their state’s contributions to the problem.  

EPA’s continued lack of leadership at a federal level is a serious problem because the Mississippi River flows through or forms the border of 10 states, no one of which can act independently to fully protect the River.  Only meaningful federal action by the EPA can unify states behind solutions that match the size of the problem at hand.  

While residents up and down the river continue to wait for EPA to accept its leadership responsibility, inland water pollution problems have multiplied while the Dead Zone makes its annual appearance as a great blemish on America’s record of commitment to clean water.

“Don’t think for a minute that the Tennessee River and its tributaries’ have no effect on nutrient pollution in the Mississippi River.” Says Renée Victoria Hoyos, Executive Director of the Tennessee Clean Water Network. “The Tennessee Department of Environment and Conservation (TDEC) has been woeful about requiring any meaningful limits in its permits of sewage treatment plants. Without federal guidance, TDEC will continue to allow nutrient pollution to flow down on our southern states.”

# # #

The Gulf Restoration Network (GRN) is a network of environmental, social justice, and citizens' groups and individuals committed to restoring the Gulf of Mexico to an ecologically and biologically sustainable condition.  www.healthygulf.org

Prairie Rivers Network, Illinois’ statewide leader in river protection, conservation, and restoration, works for clean water, healthy rivers, and an engaged public. http://prairierivers.org/

The Natural Resource Defense Council is the nation's most effective environmental action group, combining the grassroots power of 1.3 million members and online activists with the courtroom clout and expertise of more than 350 lawyers, scientists and other professionals. www.nrdc.org

The Mississippi River Collaborative is a partnership of environmental organizations and legal centers from states bordering the Mississippi River as well as regional and national groups working on issues affecting the Mississippi River and its tributaries. The Collaborative harnesses the resources and expertise of its diverse organizations to comprehensively reduce pollution entering the Mississippi River as well as the Gulf of Mexico.  www.msrivercollab.org

The Tennessee Clean Water Network (TCWN) empowers Tennesseans to exercise their right to clean water and healthy communities by fostering civic engagement, building partnerships and advancing and when necessary, enforcing water policy for a sustainable future. www.tcwn.org

 
March 29, 2011 
For Immediate Release
Contact: Penny Behling, 865.742.4306 or Renée Victoria Hoyos, 865.522.7007 x100
 
 
Memphis, TN - Teams are registering now for the first of an annual event that always makes a splash!
 
Registration for the inaugural Duncan-Williams Dragon Boat Races has officially opened. The event will be Saturday, September 24, 2011, at Mud Island River Park. Top prizes will be awarded, but the real winners are the beneficiaries of the event – the Tennessee Clean Water Network. Register online at www.memphis.racedragonboats.com.
 
Dating back more than 2,300 years, the most fun, unique cultural event featuring adrenaline-pumping action, dragon boat racing grows in worldwide popularity each year, and is the eighth fastest growing water sport. Teams rave about the excitement, friendly competition and community spirit surrounding the sport. Teams of 20 paddlers, a drummer and steersperson race in authentic 46-foot long dragon boats. All ages, skill levels and physiques can participate, making it the ultimate team building sport, requiring synchronicity and finesse, more than power to win. Off the water, teams compete to raise the most pledges for Tennessee Clean Water Network.
 
Memphis-based Duncan-Williams is the event’s Title sponsor. The diverse opportunities for team building, a healthy and positive way to engage employees and give back to the community appealed to the company.
 
Each team will get an on-water practice session with a trained coach the week prior to race day and compete in at least two heats on Saturday, September 24, 2011. Teams advancing to the Final Round will race for the title of Grand Cham­pion. More information is online at www.memphis.racedragonboats.com, or e-mail [email protected]. Call 877-580-RACE (7223).
 

PRESS RELEASE
For Immediate Release: October 13, 2010
Contact:   Renée Victoria Hoyos 865.522.7007 x100 or cell 865.607.6618
Tennessee Clean Water Network sues the City of Chattanooga for violations of the Clean Water Act from Moccasin Bend Sewage Treatment Plant
Location – Chattanooga, TN
 
On August 2, 2010, the Tennessee Clean Water Network issued a 60-day notice of intent to sue the City of Chattanooga for violating its National Pollutant Discharge Elimination System permit for the Moccasin Bend Wastewater Treatment Plant and Combined Sewer System by unpermitted discharges by its West and East Bank Outfalls; unpermitted Sanitary Sewer Overflows; exceedances of the maximum E. coli limit; and monitoring and reporting violations.
 
On October 13, 2010 TCWN followed up on the notice and filed suit in federal court.
 
The suit alleges that from January 2006 – June 2010, the City illegally discharged 319 million gallons of untreated sewage.  Untreated sewage can contain viruses, pathogens and toxic chemicals that can harm human and aquatic health.
 
“Our biggest concern is the unauthorized discharge of sewage from the west and east bank outfalls. These outfalls have put millions of gallons of raw sewage directly into the Tennessee River,” Says Renée Victoria Hoyos, Executive Director of TCWN. “Many communities downstream draw their drinking water from the Tennessee River.  It is our biggest priority to work with the City to fix these overflows as soon as possible.”
 
The suit claims that in the same time period, the City had 489 sanitary sewer overflows that dumped nearly 35 million gallons of raw sewage into nearby creeks, road, business and private residences.
 
“If you see any water coming from a manhole, stay away from it,” caution’s TCWN’s Executive Director. “This is untreated sewage that may carry viruses, pathogens and toxic chemicals.  Do not let children or pet play in or around puddles that are near these manholes. Try not to drive through them if you can.  Raw sewage can be a human health hazard.”
 
“We are confident that we can work with the City to achieve a solution that will clean up these sewer overflows. We have worked well with other cities on similar issues and are looking forward to assisting the City in any way we can.” Says TCWN’s Executive Director.  “To be fair, if the State had stepped in years ago and required that the City fix this problem, we would not be here today.”The Tennessee Clean Water Network has been very critical of the Tennessee Department of Environment and Conservation’s enforcement program.  In a report release earlier this year TCWN described the program as woeful.
 
“In 2008, TDEC completed just 204 enforcement actions against polluters statewide. So far in 2010, the number of enforcement actions has dropped to 135 statewide.  Without robust enforcement, people like the residents of Chattanooga have to live with pollution that can harm their health. While we understand that enforcement may be unpopular in some circles, putting communities at risk for waterborne disease is no option,” says TCWN’s Executive Director, Renée Victoria Hoyos. “The Clean Water Act gives citizen’s the right to sue and that is what we have had to do.  These violations have been polluting Chattanooga’s streams and rivers for many years and they need to stop.”
 
TCWN has had success in a similar citizen suit.  In 2004, TCWN filed suit against the Knoxville Utility Board that was settled after the United States Environmental Protection Agency intervened which resulted in a consent order.  KUB has worked hard to comply with the order and has dramatically reduced their sanitary sewer overflows.
 
Untreated sewage can harbor pathogens, bacteria and chemicals that are unsafe. A recent Emory University study indicates that combined sewer overflow systems attract the mosquito responsible for the West Nile Virus.  To read the abstract of this study, click here.
 
To see the complaint and the notice letter, go to http://www.tcwn.org/cleanwater1
 
To read the TCWN Enforcement Report, go to http://www.tcwn.org/node/119

PRESS CONFERENCE: AUGUST 10, 2010 10:00 A.M. CHATTANOOGA PIER
 
 
Location – Chattanooga, TN
 
On August 2, 2010, the Tennessee Clean Water Network issued a 60-day notice of intent to sue to the City of Chattanooga for violating its National Pollutant Discharge Elimination System permit for the Moccasin Bend Wastewater Treatment Plant and Combined Sewer System by unpermitted discharges by its West and East Bank Tide Gates; unpermitted Sewer Overflows; exceedances of the maximum E. coli limit; and monitoring and reporting violations.
 
“The hundreds of millions of gallons of raw sewage going into Chattanooga Creek and the Tennessee River are staggering.  Just this weekend there was a spill that killed thousands of fish.” Said Renée Victoria Hoyos, Executive Director of the Tennessee Clean Water Network. “Chattanooga prides itself on being a green city and they have made great strides in sustainability but attention must be paid to the failing sewer system.”
 
The notice specifically sites these violations from January 2006 – June 2010:
•    32 discharges totally 319,000,000 gallons of raw sewage to the Tennessee River from the West and East Bank Combined Sewer System outfalls;
•    489 sewer overflows totaling 35,000,000 gallons of raw sewage to streams, streets and private property in Chattanooga;
•    36 discharges totaling 156,000,000 gallons of raw sewage to Chattanooga Creek.  Sixty-one thousand gallons were discharged in the first 6 months of 2010.
 
“We’ve worked out solutions to similar problems with KUB and we are willing to work out a solution so that the people of Chattanooga can enjoy clean water in their rivers and streams,” said Ms. Hoyos. “Though we understand that the current City Administration is working on these problems, recent overflows convince us that current efforts to control this problem are not working.  We will not wait any longer.”
 
TCWN has had success in a similar citizen suit.  In 2004, TCWN filed suit against the Knoxville Utility Board that was settled after the United States Environmental Protection Agency intervened which resulted in a consent order.  KUB has worked hard to comply with the order and has reduced their sewer overflows considerably.
 
 
 
Untreated sewage can harbor pathogens, bacteria and chemicals that are unsafe. A recent Emory University study indicates that combined sewer overflow systems attract the mosquito responsible for the West Nile Virus.  To read the abstract of this study, click here.
 
If you see a manhole spewing liquid stay clear of that water, wash down your vehicle and do not let children or pets play in that water.  
 
To see the 60-day notice and photos, go to http://www.tcwn.org/cleanwater1

July 8, 2010
 
FOR IMMEDIATE RELEASE
 
Media Contact:   Renée Victoria Hoyos, Executive Director, 865.522.7007 x100
 
Call for Entries: Wilma Dykeman Prize for Essay Writing 2010
 
KNOXVILLE, Tenn.— Do you have a favorite story about a summer trip to the lake?  How about fond memories of lazily floating down a river?  Is there a Tennessee stream that inspires the writer within?
 
If so, then put pen to paper (or finger to key) and submit an essay to the Wilma Dykeman Prize for Essay Writing 2010.  All submissions must be received by August 2, 2010.  Essays must be focused on Tennessee waters or general water topics impacting Tennessee and should be inspired by the works of Wilma Dykeman.  Guidelines are available here  or by calling TCWN at 865-522-7007.
 
Tennessee Clean Water Network (TCWN) sponsors an annual essay contest with prizes for essays about Tennessee waterways.  The prizes are awarded in honor of the late Wilma Dykeman, the 2007 recipient of TCWN’s Bill Russell River Hero Award. 
 
“We are pleased to hold this contest in memory of Wilma Dykeman, an admired and inspirational writer who worked tirelessly to protect the French Broad River,” said Janet King, TCWN Board member and Treasurer.  “Tennessee’s waters are so important to so many residents and visitors alike.”
 
Ms. Dykeman’s legacy includes writing 16 books, including The French Broad and The Tall Woman; being named Tennessee Conservation Writer of the Year; holding the honorary title of Tennessee State Historian; and leaving a love of nature and environmental stewardship and education for future generations.
 
One of Ms. Dykeman’s most notable achievements was her role in designating the French Broad River as an American Heritage River in the 1990s.  Ms. Dykeman devoted much energy and passion to convincing leaders in North Carolina and Tennessee of the river’s worthiness for that designation and the benefits it would bring.
 
The French Broad (1955) recounts the history, legend, biography, sociology and economics of a mountain region that draws its life and ways from this river and its tributaries.  The work, her first, won the Thomas Wolfe Memorial Trophy in 1955.  The French Broad was groundbreaking when published and has never been out of print.  It inspired stewardship of the French Broad River, whose water quality has since vastly improved.
 
Ms. Dykeman passed away at the age of 86 on December 22, 2006, leaving a legacy of environmental stewardship and education for future generations along the French Broad River.
 
 

April 14, 2010 -  TCWN released a report on the Tennessee Department of Environment and Conservation's (TDEC) enforcement program through the Division of Water Pollution Control.  This report dispels the myths at the Tennessee State Legislature that TDEC over enforces and targets agriculture.
 
Today the Tennessee Clean Water Network (TCWN) releases the first in a series of reports on the Tennessee Department of Environment and Conservation’s (TDEC) water protection programs. The first report focuses on TDEC’s enforcement program.  Using data from 2008 enforcement actions found on TDEC’s website, TCWN found the following.Of all enforcement actions for violations of water quality:
•    73% were taken against pollution activities associated with development
•    62% of enforcement actions were taken for minor permit violations not associated with a pollution event.
•    Only 2% of enforcement actions were against the farming community but not for farming activities.  They were for development activities on farm land and an industrial farm operating without a permit.
•    65% of fines were under $2,000.
•    Most enforcement actions occur in or around TDEC field offices
 
To read the report, click here.

Press Release: TCWN files Federal Citizen Suit for Clean Water Act Violations against David Trantanella at the Casa Bella Subdivision in Knoxville (12/14/09). The Tennessee Clean Water Network (TCWN) filed suit on December 14, 2009 in Federal Court against Mr. David Trantanella for violations of the Clean Water Act at the Casa Bella Subdivision construction site in east Knox County. The complaint charges that water quality violations have continued despite the notice of intent to sue TCWN sent October 2, 2009. To read the full notice, click here

The Tennessee Clean Water Network (TCWN) filed suit today in Federal Court against Babelay Farm, LLC, Clear Creek, Construction, LLC, Sharp Contracting, Inc., The Legends at Washington Pike, LLC, And Hathaway Construction Co., Inc. for violations of the Clean Water Act at the Legends at Washington Pike Subdivision construction site in east Knox County. The complaint charges that water quality violations have continued despite the notice of intent to sue TCWN sent July 29, 2009. To read the complaint, click here

Today the Tennessee Clean Water Network and 2 local residents filed a 60-Day notice of intent to sue in Federal Court against the developers of the Legends at Washington Pike Subdivision in northeast Knox County, Tennessee. The named defendants are Victor Jernigan, Jeff McBride (Babelay Farm, LLC, Babelay Farm II, LLC, and Clear Creek Construction, LLC), The Legends at Washington Pike, LLC, James Lee Sharp (Sharp Contracting, Inc) and David Hathaway (Hathaway Construction, LLC). The Network has documented hundreds of days of violation of the Federal Clean Water Act at the site over the past four months, including dozens of water quality violations. To see photos and the 60-day notice, click here.

Tuesday June 2, 2009 residents of Crossville gathered at The Palace Theater to participate in a hearing on the disposal of 5.4 million cubic yards of coal fly ash from the Kingston Fossil Fuel Plant in a nearby abandoned quarry. Proponents of the project from Smith Mountain Solutions, LLC were granted unlimited speaking time while the public was given three minutes each to express concerns. The third resident to speak, Margie Buxbaum was forcible removed from the lectern by police for speaking one minute over her time. She was detained behind a curtained door and released minutes later to applause.
To see photos of the evening, click here.

Tennessee Clean Water Network Executive Director Renee Victoria Hoyos is available for interviews on the Kingston coal ash spill and the impact on area waters

A group calling themselves the Coalition for Responsible Water Rights will be speaking at Tennessee Chamber of Commerce & Industry's 26th Annual Environmental Awards Conference at Montgomery Bell State Park on October 2, 2008, to discuss the deregulation of water.

Frank Hensley Named 2006 Bill Russell River Hero

'Megasite' opponents fear worse pollution (Associated Press)

Comments sent to the US Fish and Wildlife Service

Read Full Story Here

About 2005 River Hero, Chester McConnell