TDEC Letter to Monteagle re failure to comply with dye testing

The following letter was sent to Monteagle Mayor Charles Rollins by Dr. Dick Urban from the Chattanooga office of TDEC.

 

 

STATE OF TENNESSEE 

DEPARTMENT OF ENVIRONMENT AND CONSERVATION 

CHATTANOOGA ENVIRONMENTAL FIELD OFFICE 

540 McCALLIE AVENUE, SUITE 550 

CHATTANOOGA, TENNESSEE 37402 

PHONE (423) 634-5745 STATEWIDE 1-888-891-8332 FAX (423) 634-6389 

 

 

 

Certified Mail 7007 0710 0003 2989 8342 

 

 

 

Honorable Charles Rollins, Mayor 

Town of Monteagle 

P.O. Box 127 

Monteagle, Tennessee 37356 

 

 

Subject: COMPLIANCE REQUIREMENTS RESULTING FROM 

EQUALIZATION BASIN COLLAPSE 

  MONTEAGLE STP NUMBER 1 

  GRUNDY COUNTY, TENNESSEE 

NPDES PERMIT NUMBER TN0021806 

 

 

Dear Mayor Rollins: 

 

On March 16, 2009, at the site of the collapsed equalization basin I shared with you the 

requirements the Tennessee Division of Water Pollution Control was imposing upon 

Monteagle as a result of the collapsed treatment unit.  During that discussion you 

requested that I attend the Town of Monteagle Town Council meeting on March 17, 

2009, at 9:00 a.m. CDT.  I honored that request and on March 17, 2009, during your 

Town Meeting, in front of the entire Town Council, citizens of Monteagle, and the news 

media I reiterated that the major concern of the Division during this period of emergency 

is to protect the health and safety of people and then to protect the environment.  To 

achieve these objectives, I discussed the required actions that must be immediately 

initiated by the Town of Monteagle.  These are: 

 

1. Immediately start testing private wells for E. coli bacteria in the Pelham 

Valley at the base of Monteagle Mountain where there is the possibility that 

private wells might be affected by the waste water entering the groundwater; 

 

2. Immediately start testing Gilliam Spring and any other springs in the Pelham 

Valley at the base of Monteagle Mountain where there is a possibility that the 

springs might be affected by the waste water entering the groundwater; 

 

3. Determine if there are any citizens utilizing Gilliam Spring or other affected 

springs as a source of drinking water; 

 

 

 

April 7, 2009 

Page 2 

 

4. For those private wells that have elevated numbers of E. coli bacteria present 

then those home owners are to be provided with an alternative source of 

drinking water by the Town of Monteagle; 

 

5. To determine the full extent of the movement of the waste water once it 

entered the groundwater, the Town of Monteagle shall perform a Dye Test 

and Monteagle was to provide the Division the name of the consulting firm 

that would be performing the Dye Test by March 17, 2009; 

 

6. The Dye Test Work Plan was to be provided to the Division for review and 

approval by March 24, 2009, and be implemented as soon as possible. 

 

7. The Town of Monteagle is to install two (2) additional chlorination pumps at 

Plant #1 in order so that all future by-passes could be chlorinated prior to 

being released into Juanita Creek; 

 

8. Recognizing that Plant #1 no longer has any method to equalize flows and the 

fact that the extensive I&I reduction work has not been initiated it is 

acknowledged that with rain events Plant #1 will by-pass waste water to 

Juanita Creek.  To minimize the upset of Plant #1 the town of Monteagle was 

advised that flows exceeding the capacity of Plant #1 must be chlorinated and 

then by-passed into Juanita Creek.  Because of this operational methodology 

the Town of Monteagle must continue to monitor private wells in the Pelham 

Valley at the base of Monteagle Mountain until the Dye Test has been 

completed and the distribution of the contaminated water is known and the 

health and welfare of affected citizens is protected; and 

 

9. The Town of Monteagle was authorized to remove the accumulated sludge in 

the collapsed equalization basin and dispose of it at the Marion County 

Landfill.  Division staff assisted the Town of Monteagle in obtaining a Special 

Waste Permit from the Tennessee Division of Solid and Hazardous Waste. 

 

After the Council asked questions to clarify any of these points the floor was turned over 

to a representative from Griggs and Maloney Incorporated to make a short presentation 

on how they would approach the Dye Study.  The Council asked several questions and I 

was asked if this approach would meet the requirements of the Division.  I responded, 

yes.  The council then authorized a specific budget for Griggs and Maloney to develop a 

work plan and bring it to the Council on March 24, 2009. 

 

After all of the discussion I and staff have had with members of the Town of Monteagle’s 

Council concerning the above matters, I could not believe that the Monteagle Town 

Council would vote at the March 24, 2009, Town council meeting NOT to proceed with 

the Dye Study.  It is a personal affront to my staff and me for the Town Council to take 

this course of action.  This is a willful act to violate the requirements of NPDES Permit 

No. TN0021806.  The Division has always been willing to cooperate with communities 

when there is a spirit of trust and the community is acting in good faith.  This willful act 

on the part of the Monteagle Town Council has violated that trust and stretches the 

definition of good faith. 

 

 

 

April 7, 2009 

Page 3 

 

Let there be no mistake, the Town of Monteagle will conduct a Dye Test and it will 

begin the morning of March 30, 2009, at 8:00 a.m. CDT.  There will be no more 

delays. 

 

If you have any questions concerning any of the above please contact me at 423-634- 

5702. 

 

 

Sincerely, 

 

 

 

Richard D. Urban, Ph.D. 

Field Office Manager 

Division of Water Pollution Control 

Chattanooga Environmental Field Office 

 

 

 

cc:  Patrick Parker, E &C, Nashville, TN 

 Saya Qualls, Chief Engineer, Nashville, TN 

 Phil Simmons, Municipal Section, Nashville, TN 

SUD Objects to Release of Funds to Grundy County

    The Sewanee Utility District (SUD) moved swiftly and decisively in reacting to  Grundy County Mayor LaDue Bouldin's attempt to break with those who favor  regional water planning. It was learned through a legal notice that appeared in a recent edition of the Grundy County Herald that Bouldin is applying  to Tennessee Department of Economic and Community Development (TECD) initially for one million dollars in Federal Funds for the much discussed pipeline from the Tennessee River to the South Cumberland Plateau. This "go it alone" move seems very much counter to the efforts by Tennessee Department of Environment and Conservation (TDEC) to move forward on regional water planning. TDEC's efforts have included SUD, Monteagle, Tracy City and Big Creek along with the Army Corps of Enigineers.

    The SUD objection is based on:

        1. Failure of Grundy County to provide an Environmental Assessment based on National Enviromental Policy Act of 1969 (NEPA)

        2. Failure of Grundy County to provide  a copy of the Environmental Review Record (ERR) referenced in the  legal notice, when requested by  the public

        3. Negative environmental impact of millions of gallons of additional effluent discharge on Monteagle's long failing sewer system.

        4. Failure to consider the the comprehensive and long term financial impact of the project.

    SUD's previous position on the pipeline was approved by the board on February 12, 2008. A copy of this will be found in the blog entry dated March 16, 2009.

    The complete and detailed text of the SUD objection is published below.

To:  Tennessee Department of Economic and Community Development (TECD) 

Office of Program Management 

William R. Snodgrass Tennessee Tower, 10th Floor 

312 Eight Avenue North 

Nashville, TN 37243-0405 

 

Tennessee Department of Environment & Conservation (TDEC) 

Division of Water Supply 

Attn: Robert L. Foster, Director 

6th Floor, L&C Tower 

401 Church Street 

Nashville, TN 37243-1549 

 

Grundy County Government 

Attn: LaDue Bouldin, County Mayor 

P.O. Box 177 

Altamont, TN 37301 

 

From:  The Board of Commissioners of the Sewanee Utility District of Franklin and 

Marion Counties 

 

Project Background & Known Facts: 

 

The proposed project is to build a 16-inch pipeline along TN 156 from South Pittsburg to 

Monteagle to deliver three million gallons per day of treated freshwater drawn from the 

Tennessee River. The final cost of this pipeline is estimated at approximately $20 

million, however; the long-term O&M costs have not been evaluated. The rationale for 

this pipeline is given as a water shortage on the southern Cumberland Plateau during the 

100-year drought experienced in 2007-08. 

 

Objections To Release of Funds: 

 

1. The certification by Grundy County that this project will have no significant impact 

on the human environment, to date is not supported by any documentation made 

available to the public.  We believe that this project requires an Environmental Impact 

Statement under the National Environmental Policy Act of 1969 (NEPA). 

 

• Currently, the Army Corps of Engineers, under the direction of TDEC, is 

conducting a regional water resources planning study in conjunction with the 

public utilities on the southern Cumberland Plateau, including the Tracy City 

and Monteagle water utilities serving customers in Grundy County and 

Marion County; the Big Creek water utility serving customers in Grundy 

County, Marion County and Sequatchie County.  This Regional Water Study 

is important because any water augmentation project initiated by one water 

utility could potentially produce an adverse environmental impact on the 

entire southern Cumberland Plateau and result in adverse financial impacts on 

(Page 2)                                                     

the other water districts in the region. The study has not yet concluded that a 

pipeline from South Pittsburg to Monteagle, transporting millions of gallons 

per day, is a responsible solution at this time or that it is environmentally 

benign, given the southern Cumberland Plateau’s environmental 

characteristics. 

 

• Presently, the number of perennial streams (year-round flow) on the southern 

Cumberland Plateau is inadequate to receive additional millions of gallons per 

day of effluent without impairing the environmental characteristics of the 

streams and producing potentially adverse affects on the surrounding human 

environment.   

 

• Based on experience during the 2007-08 hundred-year drought and known 

demand forecasts for the southern Cumberland Plateau, there may be no need 

for additional water supplies for fifty-years or so beyond those contemplated 

by Tracy City and Big Creek and presently held by SUD.   All these utilities 

are connected to Monteagle via existing distribution pipes.  Until regional 

water supply planning is completed, it will not be known if this assessment is 

correct or if additional water supply augmentation is necessary. 

 

2. Grundy County has failed to make an accurate and defensible decision of Finding of 

No Significant Impact. After repeated attempts, we have been unable to obtain a copy 

of the Environmental Review Record as referenced in the February 26, 2009 notice in 

support of this position. 

  

• The ERR should include an adequate analysis of long-term demand forecasts 

and safe yield requirements for each utility district so as to determine 

withdrawal needs for each utility to assist in determining the fair 

apportionment of the capital costs of the pipeline, as well as the ongoing 

operating and maintenance costs over the life of the pipeline. 

 

• The ERR should include an adequate analysis of the final cost of the Southern 

Cumberland Plateau Permanent Water Source Development Project and its 

costs/benefits relative to other options for obtaining new supply.  The 

engineering costs of those options must be adequately studied to determine the 

final cost and the ongoing operating and maintenance costs of those 

infrastructure improvements, including the pipeline, necessary water treatment 

facilities at South Pittsburg, and wastewater treatment infrastructure at 

Monteagle.  It should evaluate whether these construction, and operating and 

maintenance costs are affordable by Grundy County, Monteagle, and the other 

water utilities on the Plateau in order to meet ongoing environmental 

permitting requirements to prevent endangering the environment of the 

Plateau. 

 

• The ERR should have a determination from TDEC that the transfer of water 

from the Tennessee River to the southern Cumberland Plateau does not                                                        

(Page 3) 

constitute water use outside a "redline" basin that requires an additional 

permit from the State of Tennessee beyond ARAP & 401 certification. This 

pipeline may require an additional permit if parts of the counties to be served 

fall on the other side of these red lines, which, if that is the case, will require 

such permits before any pipeline can be contemplated. 

 

• The ERR should have a determination from the Tennessee Valley Authority 

(TVA) that the long-term potential to withdraw 3MGD from the Tennessee 

River exists and that TVA would grant a permit for these withdrawals. During 

the recent drought, the river flow has been inadequate to cool TVA’s twelve 

coal-fired plants and five nuclear plants.  

 

3. The United States Environmental Protection Agency (USEPA) may decide to provide 

a written finding pursuant to 40 CFR Part 1504 that the project is unsatisfactory from 

the standpoint of environmental quality due to the failure of the City of Monteagle to 

meet its existing permit restrictions for effluent discharge from its two wastewater 

treatment plants over an extended number of years. 

 

• Presently, there are no year-round streams on the southern Cumberland 

Plateau into which additional millions of gallons per day of effluent may be 

discharged without impairing the environmental characteristics of the streams 

and producing potentially adverse affects on the environment. 

 

• Tracy City relies on wastewater treatment by Monteagle.  Monteagle is 

currently under a TDEC-mandated moratorium that prohibits new connections 

to its two wastewater treatment plants, and the Sewanee Utility District is 

under a TDEC-mandated moratorium that prohibits new connections to its 

wastewater plant. 

 

4. The financial impact of this project will be shared by all the water utilities in the 

region. We do not believe that our customers would tolerate incurring these costs 

without studying the alternatives.  

 

We, the Commissioners of the Sewanee Utility District, believe the most prudent path to 

true regional water planning would be to continue to pursue the resolution as passed by 

our board on February 12, 2008. (Attached)  As our resolution states, we need a Regional 

Water Plan.  A pipeline is one possible solution, but we must examine all alternatives for 

the region before moving forward with any one solution. 

SUD Pipeline Policy

SEWANEE UTILITY
DISTRICT Page 1
of 2

RESOLUTION 02-21-08

2008
PROPOSED SOUTH PITTSBURG PIPELINE

TO
WITHDRAW WATER FROM THE TENNESSEE RIVER:

THE
SOUTHERN CUMBERLAND PLATEAU PERMANENT

WATER
SOURCE DEVELOPMENT PROJECT

WHEREAS,
The public utilities on the Southern Cumberland Plateau, including
the Tracy City and Monteagle water utilities serving customers in
Grundy County and Marion County; the Big Creek water utility serving
customers in Grundy County, Marion County and Sequatchie County; and
the Sewanee Utility District serving customers in Marion County and
Franklin County constitute a natural regional water resource planning
unit and all have a need for additional sources of water supply to
meet existing or projected future needs during water emergencies such
as that experienced during the 2007-08 drought; and

WHEREAS,
The aforementioned water utilities on the Southern Cumberland Plateau
that provide water to portions of Grundy County, Marion County,
Sequatchie County and Franklin County desire to pursue planning for
additional water supply to meet future growth needs on the Southern
Cumberland Plateau; and

WHEREAS,
The aforementioned utilities located on the Southern Cumberland
Plateau have not yet adequately determined the long-term
potential to withdraw water from the Tennessee River given the
river’s present hydraulic loads during drought and the need to
provide adequate flow to handle the thermal loads on the river from
the TVA’s twelve coal-fired thermal plants, two nuclear power
plants at Sequoyah and Watts Bar (with Unit #2 at Watts Bar to come
on-line by 2013) and the three nuclear plants at Brown’s Ferry,
each of which need about three billion gallons a day for thermal
cooling purposes. Therefore, it is unclear that 3MGD will be
available over the long-term or even the period necessary to pay off
the cost of the pipeline; and

WHEREAS,
The public health tradeoffs have not yet been adequately
studied between building new impoundments on the plateau with their
attendant levels of iron and manganese oxides relative to the use of
Tennessee River water for new supply, given that, according to
scientific studies, mixtures of pesticides are extant in the river
waters, standards for which have not been determined for 11 of the 31
compounds detected, as well as PCB’s (polychlorinated
biphenyls), dioxin, and mercury, all of which may not be completely
removed by present sand filtration or newer membrane water treatment
technology; and

WHEREAS,
Engineers have determined it is feasible to
install a water transmission line up the mountain along Highway 156
to connect the South Pittsburg water system to the Monteagle water
system. However, the costs and benefits of utilizing other withdrawal
points, such as Jasper, Tennessee to the Tracy City utility have not
yet been adequately considered; and

WHEREAS,
The final cost of the Southern Cumberland Plateau Permanent
Water Source Development Project and its costs/benefits relative to
other options for obtaining new supply and the engineering costs of
those options has not yet been adequately studied to determine the
final cost of all infrastructure improvements, including the
pipeline, water treatment, and wastewater treatment infrastructure;
and

WHEREAS,
Long-term demand forecasts and safe yield requirements for each
utility district are not yet presently available to determine
withdrawal needs for each utility to assist in determining the fair
apportionment of the capital costs of the pipeline, as well as the
ongoing operating and maintenance costs over the life of the
pipeline; and

WHEREAS,
Addressing effluent loads on the Southern Cumberland Plateau before
additional water supply becomes available to the Southern Cumberland
Plateau is important given that Tracy City is presently relying on
wastewater treatment by Monteagle and Monteagle’s two
wastewater treatment plants are presently unable to adequately handle
existing effluent flows, may not be fully in compliance with current
permit requirements and Monteagle is currently under a TDEC-mandated
moratorium that prohibits new connections to its two wastewater
treatment plants, and that the Sewanee Utility District is presently
also under a TDEC-mandated moratorium that prohibits new connections
to its wastewater plant; and

WHEREAS,
The State of Tennessee has a desire to encourage sound regional water
planning initiatives and has established a funding source
specifically to fund planning initiatives such as could be beneficial
for the Southern Cumberland Plateau Permanent Water Source
Development Project and the aforementioned
water utilities presently involved in this project; and

WHEREAS,
As of 2001, any new transfer of water for use outside a "redline"
basin requires an additional permit from the State of Tennessee
beyond ARAP & 401 certification and the South Pittsburg pipeline
may require an additional permit if parts of the counties to be
served fall on the other side of these red lines, which, if that is
the case, will require such permits before any pipeline can be built
or construction begun; and

WHEREAS,
Any long-term solution such as the Southern Cumberland Plateau
Permanent Water Source Development Project will not address the
present-day drought situation the utility districts face on the South
Cumberland Plateau given the many years of permit negotiations and
pipeline construction that will be required. Thus, there is plenty of
time for thoughtful and thorough regional water planning that may
result in reducing the final costs to all utilities involved and to
their customers;

BE
IT HEREBY RESOLVED that the Sewanee Utility District Board of
Commissioners requests that before any construction of a water
pipeline begins to connect the water systems on
the Plateau to the Tennessee River and Federal and/or State
construction grants are awarded for this project that Federal and/or
State planning grants are applied for and received to be used
for studies that address regional water resource planning issues for
the Southern Cumberland Plateau; and

BE
IT FURTHER RESOLVED that the Sewanee Utility District has appointed a
designated Commissioner to speak for the board and who is therefore
authorized to negotiate with the appropriate utility district boards
and county, State, and Federal officials regarding such regional
planning initiatives and to present to the entire Sewanee Utility
District Board any agreements and documents necessary for the
approval of funding from various State and Federal agencies and
commitments of monies by the utility for ongoing work on this
Southern Cumberland Plateau Permanent Water Source Development
Project.

SERP/SCCA Meeting sheduled for February 26,2008

Dr. Robin Gottfried

   The South Cumberland Community Association (SCCA) and Students for an Environmentally Responsible Plateau (SERP) will jointly sponsor a meeting in Gaillor Auditorium on February 26th and 7:30 PM. There will be an initial presentation by  SUD Commissioner Doug Cameron to up date the community  on the latest status of the water treatment plant, the recent Corps of Engineer study and other issues.

  This will be followed by the main presentation of the evening by  Professor Robin Gottfried from the Department of Economics at the University of the South, Sewanee. Professor Gottfried's education includes a BA from Davidson and a PhD from University of North Carolina Chapel Hill. His special interests include Environmental Economics, Economic Development and Political Economy of Sustainable Development. The lecture presented by Dr. Gottfried is entitled  " Economic Implications of Growth on the South Cumberland Plateau. There will be a question and answer session for the audience at the conclusion of the lecture. Mark your calendar for this very informative and interesting event. 

New Life Development Plan Comparison

Comparison of 4 Plans submitted by New Life Development for Cooley's Rift

Date	March 6, 2007 (#1)	September 18, 2007(#2)	February 19, 2008(#3)	August 19,2008(#4)
Approximate # of Units Indicated	149 318 242 ----- 709 total	454 478 ----- 932 total	1108 total	915* 974**
Future Development	Only acreage indicated	616 units	none  indicated	none indicated
Approximate % of Golf Course in Franklin County	55%	100%	25%	50%
Open Space	18.97 254.3 330.41 ------- 603.67 1 this "open space is actually steep bluff to the interstate	880 (this probably includes 330.4 acres that is labeled as steep bluff to interstate)	Open space acreage is not included in marginal information. Drawing shows 330.4 acres that is steep bluff to interstate that is labeled as "open space".	Open space acreage is not included in marginal information. Drawing shows 330.4 acres that is steep bluff to interstate that is labeled as "open space".
Approximate  % of units in Franklin County	43%	0%	30%   (% has decreased from the 3/07 plan, but the actual # has increased.)	49%
Date	March 6, 2007	September 18, 2007	February, 19, 2008	August 19 2008
Approximate # of units in Franklin County	310	0	339	500
Comments/Remarks	SUD seemed quite cautious(perhaps hesitant) on supplying  water. At this time Monteagle seems enthusiastic about supplying water and sends a letter to SUD.	EXTREME drought in the summer of '07 is evident. Monteagle water situation is critical. Monteagle must go to SUD and Tracy City to get water for its current usage.	Is movement of units to Franklin County side (as compared to previous plan) the result of SUD having a better water situation during the drought?	This plan continues the previously noted trend to shift both units and more of the golf course to the Franklin County side. Again is this because New Life believes that the SUD water situation is better thatn Moneagle? Also, note the two(2) lagoons one the SE part of plan. WHat is the purpose of these...irrigation of golf course???
				* # of units indicated on plan **  sum of# of units from adding  units in each village

---

Plans are below and follow in order 1,2,3,4

March 2007

---

September 200

---

February 2008

---

August 2008

Corps of Engineers visits local Water Districts.

    Recently representatives of the Army Corps of Engineers visited four local water districts: Sewanee Utility District (SUD). Monteagle, Tracy City and Big Creek. The purpose of this visit was to collect preliminary data so the the Corps could submit a proposal to do an in depth study of water supply issues and remedies in these utility districts. TDEC (Tennessee Department of Environment and Conservation) had requested that the Corps do this study. The essential question that will eventually have to be addressed will be: what is the best way to alleviate water shortages that have been experienced over the last several years.

     There seem to be two very different approaches to this. One is the much discussed pipe line from the Tennessee River. This is fraught with a myriad of fiscal, engineering, severe environmental and planning problems.  The other approach would be to enhance supplies that already exist on the plateau. In either case is the Corps study would only address engineering and initial cost. The larger question that South Cumberland Plateau residents need to ask is what will be the overall impact of increasing the water supply. This should include both the comprehensive economic impact and detailed land use planning.

    Information available at the time of this writing indicates that a preliminary report from the Corps will be available by the end of the month(January '09). SUD customers should check the agenda for the February meeting to see this report will be part of that meeting. Customer of the other utility districts should check with their utilities to see when the report will be available.

    More information on this will be posted on this blog as it becomes available.

SCCA and SERP jointly sponsor Presentation:

"Rural Sprawl on the Cumberland Plateau:

Causes and Consequences"

    Lack of land use planning, over development, infrastructure collapse and inadequate water supply are very real and present now on the Cumberland Plateau. The South Cumberland Community Association (SCCA) and Students for and Environmentally Responsible Plateau will jointly sponsor a presentation by Dr. Daniel Carter entitled "Rural Sprawl on the Cumberland Plateau". Dr. Carter has consulted with county governments for the University of Tennessee since 1995. More recently he has consulted on behalf of the Tennessee Wildlife Federation, The Tennessee Wild life Resources Agency and the Lyndhurst Foundation. He recently completed his Ph.D in Political Science. Dr. Carter is currently teaching a course at the University of the South entitled "Regional Land Use Policy". This course is part of the political science and environmental studies curriculum.

    The program will be at 7:30 pm on Thursday, October 23  in Blackman Auditorium at Woods Hall. Mark your calendar for this important and timely presentation.

    

    

Statement of SCCA concerning water shed protection

Statement of the South Cumberland Community Association [SCCA] concerning watershed protection for Lakes O’Donnell and Jackson.

Sewanee Utility District (SUD) water customers are fortunate to have some of the best water in Tennessee. While most state residents use rivers or wells for potable water, all SUD water comes from the rain that falls on this part of the plateau. Therefore, there is concern about contamination of the [watershed] land that feeds water to Lakes O’Donnell and Jackson. Additionally in emergencies the Sewanee Utility District (SUD) has also been allowed to use water from Lake Dimmick. Consequently, the watershed  of this lake is also important.

In contrast to the rainwater collected on the plateau for water systems, those systems that depend on rivers carry water from hundreds or thousands of miles upstream. Rivers can be contaminated from any source along the way. Additionally, wells can be contaminated from surface pollutants that seep into or otherwise find their way into the underground water table. Potential river and well pollutants include toxic waste and manufacturing or construction byproducts, plus pesticides, such as those used to kill weeds [herbicides], insects [insecticides], fungi [fungicides] rats and mice [rodenticides], and nematodes [nematocides]. These can be toxic to humans in excessive quantities. There has also been recent concern about disposal of  drugs that are excreted in urine.These include hormones (found in birth-control pills), antibiotics and other drugs  that are disposed by flushing into sewer systems. These may be accumulating to worrisome levels in  public water sources. The concern is the possible effects in  fetal development and cancer incidence.

Sewanee Utility District water can only be contaminated is from pollutants, construction by-products or pesticides. Pesticides are applied to the watersheds of a Lakes O'Donnell and Jackson [and Dimmick]. SUD water purification and transport to customer faucets may add only small and largely unavoidable contaminants.  Protecting the watersheds of Lakes O'Donnell, Jackson and Dimmick is the key to protecting Sewanee's water supply.

In light of the above, the South Cumberland Association (SCCA)  strongly supports the efforts of SUD Commissioners to thoroughly explore its responsibility and authority for watershed protection with the appropriate state agencies, legal advisers, the University of the South, and to work cooperatively with landowners in the watershed area. This must be done to protect public health and to assure a continuing supply of quality water. The SCCA also supports the SUD  plan to develop a watershed protection policy  this year.  The Sewanee Utility District and its Commissioners are to be commended on their continuing efforts to supply reliable and safe water to the community.

New Map of Cooley's Rift Development

This is third plan submitted by New Life Development for approval to the planning commission of the Town of Monteagle. Compare this to plan # 1 posted on the blog in March of 2007. Plan # 2 has not yet been posted. Compare the total # of residental units and also the # of units on the Frankling County side vs. the Grundy County side. More will be posted later.

SCCA Cancels April 4th Meeting

The South Cumberland Community Association (SCCA) had previously announced its bimonthly meeting for Friday, April 4th at the Monteagle Inn starting at 7:30 p.m. Due to circumstances beyond control of the SCCA, the meeting has been canceled. This meeting will not be rescheduled. The organization regrets any inconvenience that this late cancellation notice may have caused. The SCCA is currently planning its May meeting. Details of the May meeting will be published when plans are complete.

SCCA Presents Testimony at Monteagle NPDES Hearing.

The previously posted TDEC NPDES permit hearing was held on March 27th at the Monteagle Armory in front of hearing officer Vojin Janjic of the Division of water pollution control. Also present at the hearing was Dr. Dick Urban of the TDEC Chattanooga field office.

The SCCA provided testmony at this hearing. SCCA Founder Bill Altemeier submitted the following written statement:


March 19, 2008
Tennessee Department of Environment and Conservation
Division of Water Pollution Control
Sixth Floor L and C Annex
401 Church Street
Nashville Tennessee
37243
This pediatrician’s view is that allowing Monteagle Tennessee to dump 250,000 gallons of wastewater per day into the Juanita and Gilliam creeks, and an equal volume into Trussel Creek, is undesirable and unhealthy. Because of this, I recommend no increase in sewer taps be permitted until the wastewater plants are able to handle the total loads of wastewater without releasing treated or untreated sewage into these streams. Any such expansion would increase the danger to the people who live and play in the areas where these creeks drain.
As a child, I played and swam in creeks and ponds or lakes fed by creeks. People who live or visit below the South Cumberland Plateau also deserve clean and safe water for drinking and recreation, as well as drinking. Pollution of these waters with treated or untreated products of human excrement is neither safe nor fair to them. Monteagle’s treatment of this wastewater before release will reduce, but not eliminate completely, the human fecal pathogens that can be in their sewage. Such pathogens include: E. coli 0157 [the strain that can cause kidney failure as well as diarrhea and dehydration], shigella and rotavirus [diarrhea and dehydration], and salmonella [diarrhea and occasional blood infections]. Such treatment with chlorine will generally not kill cryptosporidium [diarrhea and dehydration] because it is resistant. Giardia [upset stomach, weight loss and diarrhea that can last for months] can also find its way into drinking water. Furthermore, it is impossible to treat all wastewater when volumes exceed treatment capacity, as after a heavy rain, and in this situation, raw sewage will overflow into Tennessee waters. Children are especially susceptible to infections from water contaminated with feces, and the dehydration from diarrhea caused by them is the number one infectious killer of children in developing countries where good hospital care is not available.
I believe pathogens from Monteagle sewage are released into Tennessee waters where playing and swimming children can be infected. More importantly, these same pathogens can also find their way into wells that are not sufficiently distant or isolated from the contaminated creeks to allow sanitization by ground bacteria. And parasites, especially cryptosporidium and Guardia, will be on crops grown in fields that are contaminated by water from these creeks through irrigation or flooding. Elsewhere, recent outbreaks of gastroenteritis have been linked to incompletely washed produce contaminated with cryptosporidium [commonly called "crypto"]. Lettuce and berries were incriminated, and most will remember the large number of people exposed to spinach grown in contaminated fields a year or so ago: In spite of washing, crypto caused several illnesses and led to a massive recall of the products across the country. Thus, I believe Monteagle’s sewage problems are a threat to health in our area.
As a physician and user of the South Cumberland area, I hope this problem can be fixed as soon as possible. I know this will be difficult and Monteagle should receive state or federal help for this. But it is medically untenable to allow even more sewage, from toilets in businesses or homes or not yet built or connected, to drain into these creeks. The sewer problem should be fixed, tested and found completely safe before more wastewater is permitted to flow into our streams.



William A. Altemeier M. D.
160 Vanderbilt Lane
Sewanee and Monteagle
cc: South Cumberland Community Association



SCCA President Bob Childress read the following statment into the hearing record:

Robert L. Childress
March 27, 2008

SEWER HEARING STATEMENT
Thank you for the opportunity to make a statement before this hearing committee. Although I am a licensed health care provider in the state of Tennessee, I come here this evening mainly as a concerned private citizen and the president of a newly formed community organization. A few additional words of explanation will help establish my standing before the hearing committee.
As a private citizen, I want you to know that I live on Deepwoods Road in Franklin County, just a few hundred yards from the Grundy County line. My wife and I bought our home for retirement in 2002 after a 22-year career in the U.S. Army and 10 years of civilian employment. During this time my family and I lived in numerous locations both in the United States and overseas. We were attracted to Tennessee and the South Cumberland Plateau by its inherent beauty, tranquility and of course to be closer to children and grandchildren. We purchased our home in 2002 and made the final move here in October 2004. I live in a portion of Franklin County that had been annexed by Monteagle. I am a proud citizen of Monteagle. There are about 30 other Monteagle voters that also live in Franklin County. At the time my wife and I were house hunting, it was our understanding that the anticipated development on the approximately 1200 acres across Deepwoods road would consist about 80 homes in a carefully designed and thought out subdivision. This did not happen. The property changed hands and now about 1100 residential units and an 18-hole golf course are planned for this 1200 acres. The relevance of this last point will soon become evident.

I also want you to know that I stand here before you tonight as President of the South Cumberland Community Association. This is a newly established organization that began with a few neighbors gathering for coffee and dessert to just a little over a year ago. This gathering discussed its concerns for growth and development on the South Cumberland Plateau. The South Cumberland Community Association’s mission is to guide growth and development in the region through community education and involvement. The Association promotes responsible development on the South Cumberland Plateau by encouraging informed dialogue about changes taking place in the region. Today the South Cumberland Community Association has a mailing list of 140 names. We hold well-attended bimonthly meetings. The last meeting on February 7th of this year was a panel discussion on the drought and other water issues. During the discussion two public officials from two different entities were very frank about the failing condition of the Monteagle sewer system.

For the record it is understood that the following conditions along with others have existed regarding Monteagle’s two municipal sewerage treatment plants:
the extremely high (instream) levels of E. coli, indicating insufficient disinfection of effluent being discharged to the receiving stream;
(2) Sludge is escaping the facility and entering the receiving stream;
(3) Red chironomids (blood worms) are growing in the sludge in the receiving stream because of the poor performance of the plant facilities;
(4) there is often an over-powering smell at the stream documented, an indicator of ineffective treatment; and
(5) Although Plant #1 is operating under an Agreed Order #04-0625 for these and other operational deficiencies, it is our understanding that the Monteagle has recently signed an agreement with a developer of 1100 Equivalent Residential Units (ERUs). It is not understood whether or not this is an effort to effectively exempt this developer from the moratorium imposed by TDEC on new connections to the Town's sewer system. It is additionally understood that Monteagle has waived all developer's impact fees, potentially amounting to millions of dollars, the Town could collect from this developer to use to repair and replace the failing infrastructure that may be a contributing root cause of the permit violations. The exact terms and expectations of this agreement have not been effectively communicated to the public at large.
The equivalent residential units (ERUs) mentioned above are the same ERUs in the development across Deepwoods Road that I mentioned in the first part of this statement

Any discussion of the Monteagle sewer system and its record of non-compliance would be incomplete without just a few words about the public health aspects of the entire situation. It is known that pollutants leave the surface of the plateau and travel in underground crevices, passages and caverns eventually to the valley floor and the Elk River watershed. Families in this area rely on well water. They are exposed to this pollution on a regular basis. The pollution is very real, but the totality of its adverse impact is unknown.
This leads to several questions about the permitting process. The answers to these questions must not only be clearly communicated, but also be made readily available to the public. They are:
Does this permit insure that water quality standards are met?
Are any waivers allowed from the standard? Under what circumstances are waivers allowed?
How does this permit compare to similar towns in a plateau area?
What fines have been imposed, wavered, collected and applied for corrective action?
Does granting this permit allow Monteagle to expand its sewer system?
The South Cumberland Community Association has a number of recommendations. In considering these recommendations, the following points were considered is to justify the these requests:
(1) Since the town has a history of non-compliance, it should be made to demonstrate its ability to meet NPDES permit requirement's before any new connections to its system are allowed.
(2) It is virtually impossible in the future to meet NPDES permit requirements without proper revenues to properly maintain and repair the sewer and wastewater treatment plants.
(3) Growth should pay for growth rather than asking the Town's existing citizens to pay for the sewer and wastewater treatment infrastructure needed by new development.

On February 8, 2008 TDEC levied four $5,000 fines for a total of $20,0000. Based on this letter order, the Town of Monteagle appears to have ignored regulatory compliance of deficiencies for one to two years.

Based on the record and history of the Town of Monteagle's wastewater treatment system for noncompliance with state and federal discharge regulations, the South Cumberland Community Association requests the following conditions for granting NPDES permits for effluent discharge from the Town of Monteagle's two wastewater treatment plants:
That the Town of Monteagle be subject to a complete moratorium on new connections to its sewer system and two wastewater treatment plants for a period of twelve (12) months. During which time it shall demonstrate that the effluent from such treatment plants shall meet all effluent discharge requirements and not impair any existing steams in which this effluent is discharged. If such discharge and stream impairment standards are not fully met and maintained within this twelve (12) month moratorium, then an appropriate extension of the moratorium up to thirty-six (36) month be imposed by TDEC.
2. It is suggested that the Town agrees to hire an experienced utility financial consultant or accounting firm in consultation with TDEC. The financial consultant is to perform a rate study and cost of services study for the Town and to establish rates that are at least equal to the actual cost of sewer and wastewater treatment services provided to the utility's customers. It is also suggested that the town agree to implement the recommendations for sewer and wastewater treatment services rates resulting from this study in a timely manner.
3. It is also suggested that the Town agrees to hire an experienced utility financial consultant or accounting firm in consultation with TDEC, to perform a study as to the infrastructure costs associated with adding new customers to the Town's sewer and wastewater treatment plants. It is additionally suggested that following this study that the town agrees to implement the recommendations for sewer and wastewater treatment services for impact fees or system development charges it will charge for new connections to its sewer system over and above any tap or connection fees it may be presently charging in a timely manner . This last notion brings into serious question the aforementioned agreement between the developer and the Town. Should the Town nullify this agreement? What is the exact nature and terms of this agreement? Full public disclosure of the details and implications of this agreement need to be made.
Oftentimes individuals and organizations making statements at hearings such as this want to stop something. I come to you as a concerned citizen of Monteagle because the Town needs a well run sewer system, not what exits now and has sadly existed in the past. Although my comments have been very frank and direct, I want you to know that I maintain an optimistic out look for the future of Monteagle. The recent hiring of a public works director for Monteagle is positive for the city, its citizens and the surrounding region. Monteagle is to be complimented on this positive step.

If the public health and safety of Monteagle and the entire region of the south Cumberland Plateau is to be safeguarded, the Town of Monteagle must begin to meet the required standards. Also, the State of Tennessee must continue to vigorously monitor and consistently enforce clean water standards. There must be an informed citizenry to ensure that both the Town and TEDEC carry out these very important respective functions. The responsibilities are many. Any failure of the town to meet the standards or any failure on the part of the State to enforce the standards endangers the health and safety of this community and the surrounding communities. It is my hope that TDEC and others demand that Monteagle will have a sewer system that protects the quality of life, the health and the safety of the citizens and also protects the streams and environment of the South Cumberland Plateau.

There are two considerations to keep in mind: When considering that Monteagle has not met the current limits and that the stream is already impaired, how are the draft permit limitations going to protect the water quality of the receiving stream?
Again, thank you for the opportunity to make a statement at this hearing.

SCCA Meeting is on April 4th

The South Cumberland Community Association (SCCA) is made up of concerned citizens from the South Cumberland Region of Middle Tennessee. The mission of the SCCA is guide growth and development through community education and involvement. Additionally, the Association promotes responsible development on the South Cumberland Plateau by encouraging informed dialogue about the changes taking place in the region. Please join us for the bimonthly meeting of the SCCA on Friday, April 4th at the Monteagle Inn located at 204 West Main Street in Monteagle. The meeting will start at 7:30 p.m.
Iva Michelle Russell will be the guest speaker. Ms. Russell is challenging Incumbent Mayor Charles Rollins in the Monteagle mayoral race. Her presentation will focus on growth and development concerns, environmental issues, water resource challenges and infrastructure status. Following the presentation, Ms. Russell will answer questions from the audience. The SCCA also has extended an open invitation for Mayor Charles Rollins to participate in the meeting.
The Monteagle election for mayor and four alderman/alderwoman positions will be on Tuesday, April 8th.

The public is cordially invited.

Public Hearing Granted for Renewal of National Pollution Discharge Elimination System (NPDES). Permit.

On March 3rd, 2008 theMonteagle Utility Board was informed by Public Utility Director Jim Boynton that notice had been received of a $20,000 fine by the state of Tennesseefor failure to complete one of the Agreed Orders that pertains to the Sewer Moratorium. The unsatisfactory condition of the Monteagle Sewer system is well know. Inspite of the condition of the sewer system, Monteagle was presented with a revised plan at the February meeting by New Life Development that will eventually add approximately 1100 residentail units.

The SCCA has requested a hearing on the renewal of the NPDES permits. The hearing notice information follows:


Public Hearing, Monteagle STP, Grundy CountyFor public notice 02/11/08: NPDES permits for both Monteagle sewagetreatment plants, Thursday, March 27, 2008, Tennessee National GuardAmory, Monteagle, Grundy County, 6:00 PM, local time (central). Thepurpose is to receive comments on TN0021806 - discharge of 0.25 MGD oftreated wastewater to Juanita Creek Mile 1.3 to Gilliam Creek Mile 1.6(STP #1), and TN0064815 - discharge of 0.25 MGD of treated wastewater toMile 1.0 of an unnamed tributary to Trussel Creek (STP #2). The hearingis requested by the South Cumberland Community Association.

Welcome to the SCCA blog.

This site is for current information and news that is important to the South Cumberland Community Association. Please check frequently for updates.

Monteagle Election Issues

The following letter appeared in the March 6th edition of the Sewanee Messenger.It clearly delineates the problems of a planned large development on the South Cumberland Plateau.

Letter to the Editor
Monteagle Elections
Monteagle will hold city elections on Tuesday, April 8th.Iva Michelle Russell is challenging incumbent Charles Rollins as mayor. There are significant issues that are ongoing challenges for Monteagle. Note worthy among the challenges are: 1). The nearly 1100 unit project proposed by New Life Development (part of New Life International of Brentwood TN) at Cooley’s Rift, 2). A failing sewer system and 3). The well-publicized inadequate water supply brought on by an unchecked growing demand and insufficient rain.

The decisions made on these and other issues will have an impact not only on the citizens of Monteagle, but also on the region as a whole. New Life Development has recently submitted the third proposed plan for Cooley’s Rift to the Monteagle planning commission. This latest plan calls for nearly half of the nearly 1100 units to be in Franklin County. A previously submitted plan had most of the units in Grundy County. The demand for water from Monteagle and SUD, infrastructure costs (e.g. sewer and other services) and the overall long term economic impact are largely unknown. This project will nearly double the demand on the already failing Monteagle sewer system.

Franklin County Residents in the Deepwoods area who have property that has been annexed into Monteagle are eligible to vote in this upcoming election. The decisions made by Monteagle will have a very direct impact not only on their lives, but also on the region as a whole. It is now well past time for citizens of the area to play an active role in the future of the South Cumberland Plateau by becoming knowledgeable on the issues and participating in the upcoming election.

Robert L. Childress
Sewanee