TDEC

TDEC partners with brewery producing ‘State Park Blonde Ale’

News release from Craftbeer.com, a publication of the Brewers Association

NASHVILLE, Tenn. (July 19, 2017) – Tennessee Brew Works has partnered with the Tennessee State Parks by creating a new Tennessee State Parks Beer, “State Park Blonde Ale,” with a portion of sales benefiting the mission of Tennessee State Parks.

The Tennessee State Parks and Tennessee Brew Works teams met almost two years ago. Sharing ideas over a common bond of craft beer with aims to better our land and community, they quickly became friends. Since then, they have been actively discussing projects and possible ways for the two organizations to optimize their synergies.

“Together we have found a way to make delicious Tennessee Brew Works craft beer and support Tennessee State Parks with our State Park Blonde Ale. We proudly support the mission of Tennessee State Parks as they preserve and protect our natural resources,” said Christian Spears, founder and owner, Tennessee Brew Works.

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Reversing chancellor’s ruling, Court of Appeals clears way for challenge to TDEC pipeline permit

In a major victory for landowners along the Nolichucky River, a Tennessee Appeals Court ruled that they have standing to challenge a highly controversial permit issued by the Tennessee Department of Transportation for a pipeline to a US Nitrogen plant in Greene County, reports the News Sentinel.

In an 18-page decision, Appeals Court Judge Brandon O. Gibson reversed virtually every finding by Chancery Court Judge Claudia Bonnyman.

“We conclude that these six petitioners have alleged distinct and palpable injuries fairly traceable to the allegedly unlawful permit and are likely to be redressed by the requested relief,” Gibson wrote in a decision that was joined by two of his appeals court colleagues.

The two 10-mile pipelines are already in place and are being utilized by US Nitrogen in the production of ammonium nitrate. The pipelines run along two state highways from the company plant in Midway Greene County to the Nolichucky River.

As the ruling notes the company intends to pump as much as 2 million gallons of water per day from the Nolichucky River.

Gibson found that landowners Don Bible and Jack Renner have standing to challenge the permit based on their contention that the pipelines actually intrude on their property and are not in the right of way granted by TDOT… As for the four landowners along the river, the court dismissed Bonnyman’s conclusion that since other landowners could make the same claim, their claim was invalid.

Noting that the landowners claimed that pumping 2 million gallons from the river a day would severely affect their use of the river, Gibson wrote, “These are distinct and palpable injuries not shared with the public at large.”

Note: The full opinion is HERE.

TVA finds arsenic, other toxins in ground water beneath Memphis plant

The Tennessee Valley Authority has reported finding high levels of arsenic and other toxins in ground water underlying a Southwest Memphis power plant where thousands of tons of coal ash are impounded, reports The Commercial Appeal.

The arsenic, measured at levels more than 300 times the federal drinking-water standard, was discovered in monitoring wells at the Allen Fossil Plant. Excessive amounts of lead also showed up in the 50-foot-deep wells that were installed to check for any pollution emanating from ponds containing ash and boiler slag generated by burning coal.

The tainted ground water lies within a half-mile of where TVA recently drilled five 650-foot-deep wells into the Memphis Sand aquifer, the source of local drinking water, from which it plans to pump 3.5 million gallons daily to cool a natural gas-fueled power plant under construction. Local scientists and environmentalists had opposed the wells, saying the pumping could pull contaminants into the Memphis Sand.

However, Tennessee Department of Environment and Conservation officials say they believe the pollution is restricted to the upper-most aquifer and does not pose a threat to the much deeper Memphis Sand.

“We are confident the contaminants found in TVA wells at the Allen Fossil Plant are not impacting drinking water. Out of an abundance of caution, we have requested Memphis Light, Gas and Water (Division) to sample its treated water in order to give that assurance to customers,” TDEC spokesman Eric Ward said in an email.

 

 

 

 

Jim Fyke, former state conservation commissioner and Nashville parks director, dies aged 78

James H. “Jim” Fyke, who served as Nashville’s city parks director for 25 years and as commissioner of the state Department of Environment and Conservation under former Gov. Phil Bredesen, has died at age 78 following a long battle with cancer, reports The Tennessean.

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Zero bids for Fall Creek Falls Park privatization

In a stinging setback to its privatization effort for Fall Creek Falls State Park, the Haslam administration’s proposed contract to outsource hospitality services has failed to draw a single bid from would-be operators, reports the Times Free Press.

Kim Schofinski, a spokeswoman for the Tennessee Department of Environment and Conservation, confirmed Wednesday there were no bidders for the request for proposals.

She said the department, meanwhile, is thankful the governor and state lawmakers “allocated funding to enhance the user experience at Fall Creek Falls, and we will evaluate how to best manage those resources as we move forward.”

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TDEC fines TDOC for pollution by two prisons

In a case of one state agency penalizing another, the Tennessee Department of Environment and Conservation recently fined the Tennessee Department of Correction for stream pollution near the West Tennessee State Penitentiary in Lauderdale County and the Bledsoe County Correctional Complex north of Chattanooga, according to the Commercial Appeal.

Potential fines in the TDEC order total $457,806. That can be reduced or eliminated the TDOC restores the streams – the Hatchie River in West Tennessee and a tributary of the Caney Fork River in Bledsoe County — and wetlands damaged by the pollution and outlines other environmental-restoration projects.

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Rural TN governments duped by corporate landfill operations?

The Tennessean has a report on controversy surrounding two rural West Tennessee communities dealing with big corporations that located landfills within their boundaries, expanded them over the years to take in allegedly toxic wastes polluting the environment — and now seek to exit the scene.

The article’s focus is on Decatur County (so rural the article uses the county name as a dateline rather than the county seat, Decaturville), which has a lawsuit going against a subsidiary of Waste Industries Inc.

In February, a surprise inspection by county officials found high levels of arsenic, ammonia, cyanide and other heavy metals in leakage from the landfill they traced into a creek that flows to the Tennessee River, the source of the community’s drinking water.

A day after county officials inspected the landfill, the company filed suit seeking to walk away from its contract to manage the landfill.

County officials have counter-sued, contending Waste Industries is trying to leave it with a multi-million dollar environmental mess. They have also filed formal notice with the federal Environmental Protection Agency of their intent to sue the company for violations of federal clean water and solid waste rules.

Cited as a similar situation is the town of Camden (county seat of Benton County, located about 45 miles away).

In Camden, landfill owner Environmental Waste Solutions, which likewise accepted thousands of tons of “special wastes,” filed for bankruptcy and abandoned operations earlier this month. Local District Attorney Matthew Stowe is investigating the company for possible public safety and white collar crimes while Tennessee Department of Environment and Conservation, or TDEC, officials are working to contain the site.

The two landfill controversies also have something else in common: Community leaders and residents are laying part of the blame on TDEC for not holding landfill operators accountable.

…TDEC officials take strong issue with criticism they have not done their job or protected local communities.

TDEC adds 1,058 acres to South Cumberland State Park

News release from Tennessee Department of Environment and Conservation

MARION COUNTY, Tenn. – The Tennessee Department of Environment and Conservation (TDEC), in partnership with The Conservation Fund, The Land Trust for Tennessee and the Open Space Institute (OSI), today announced the addition of 1,058 acres to South Cumberland State Park in Marion County. The acquisition connects more than 7,000 acres of protected public land, conserves forestland and cove habitat from future development, and protects scenic views on the Fiery Gizzard trail.  Continue reading

TDEC fines Memphis $512K for sewage spill

A year after ruptures in the Memphis wastewater system began spewing millions of gallons of raw sewage into local streams and lakes, Tennessee environmental regulators issued an order Thursday assessing at least $512,857 in penalties and damages against the city, reports the Commercial Appeal.

The order signed by Department of Environment and Conservation Commissioner Robert Martineau cited the ruptures of a 96-inch interceptor, a 60-inch pipe and a 42-inch line that occurred between March 31 and April 18, 2016, after heavy rain washed out the stream banks in which the pipes were buried.

State officials estimate that more than 350 million gallons of untreated wastewater poured into Cypress Creek and McKellar Lake in Southwest Memphis, killing at least 72,000 fish. The rupture of the 42-inch pipe along the Loosahatchie River, along the city’s northern edge, spewed at least 7.5 million gallons of raw sewage before crews finished a bypass line that ended the leak.

The order calls for Memphis to pay $359,855.98 into a state natural resource damages fund and ante up a civil penalty of at least $49,920 and more if it fails to comply with environmental-restoration work prescribed by the department. In addition, city must some $61,929 in damages to TDEC and $41,153 to the Tennessee Wildlife Resources Agency, which investigated the fish kill.

…The order isn’t final until 30 days after its issuance, and the city can file an appeal that would be heard by an administrative law judge.

Privatization conference draws protesters at Fall Creek Falls State Park

Officials from the Tennessee Department of Environment and Conservation met Thursday with five companies interested in operating the park’s hospitality services while “a couple of dozen” protesters braved the cold outside to show their displeasure with the proposed privatization, reports the Times-Free Press.

The companies are scheduled to notify the state by Monday if they intend to respond to a request for proposals that was posted in December outlining the state’s willingness to spend up to $22.1 million for a new inn that would be owned by the state but run by a private company. The contract with a private company would last until December 2029.

The request states TDEC’s desire for the redeveloped lodge to be operational and open to the public by January 2020. It also calls for the new facility to be “a full-service hotel with a sophisticated, yet relaxed, contemporary design with modern upscale rustic décor.”

Requirements of the request for proposals call for the new inn to have 75-95 rooms that, according to projections in the request, could be rented for $151 per night.

Rooms in the current 145-room facility, built in 1971, rent for $76 per night, but it has deteriorated due to a lack of state funds for maintenance.

Brock Hill, deputy commissioner of the environment and conservation department, said in a statement released Thursday afternoon that, “The right partner will help us more effectively steward taxpayer dollars while ensuring the long-term viability of Fall Creek Falls’ hospitality operations.”

Opposition is centered on the impending loss of state jobs for inn employees, who would be displaced for two years during construction of the new facility, although the request for proposals stipulates they be guaranteed interviews with the new company. Hill has also said the state will seek placements in other state jobs for those affected.

Opponents also fear that the move to privatize hospitality services at Fall Creek Falls could be the first in a series of actions to privatize more state park facilities. They contended Thursday that the projected price of the hotel mentioned in the RFP would put a financial strain on families seeking to stay at the inn.

The request proposes that the state receive a minimum of 4.5 percent of annual gross revenue from the park’s hospitality services, which also include 20 cabins, 10 villas and an 18-hole golf course.

“It’s not a good deal for Tennessee,” Tennessee State Employees Association Executive Director Randy Stamps said, his breath visible as he held a protest sign. “This park was never intended to be a profit center. It’s intended to preserve land and provide an affordable place for Tennesseans to come and enjoy the outdoors.”