The Tennessee Department of Environment and Conservation (TDEC) and the Tennessee Attorney General (AG) are filing an enforcement action against the Tennessee Valley Authority (TVA) due to contamination of the “waters of the state” by TVA at its Gallatin Steam Plant.
The state is pursuing TVA for violations of the TN Water Quality Control Act (TWQCA) and the TN Solid Waste Management Act (TSDWA). The State is seeking a permanent injunction establishing a schedule for the defendant’s compliance with the TSWDA and the TWQCA, and an order and judgment assessing civil penalties against TVA.
The Southern Environmental Law Center (SELC), acting on behalf of the Tennessee Clean Water Network (TCWN) and the Tennessee Scenic Rivers Association, notified the U.S. Environmental Protection Agency (EPA), TDEC and TVA of its intent to sue TVA via a 60-day Notice of Intent to Sue letter due to violations of the Federal Water Pollution Control Act (the Act), alleging multiple violations of the Act. The alleged water quality violations are related to the operation of the TVA Gallatin Steam Plant.
Under federal law, specifically 33 United States Code (U.S.C.) § 1365(b), a citizen’s suit may not be filed with the federal court unless the affected citizen(s) notify the U.S. Environmental Protection Agency (EPA), the State of Tennessee, and the alleged violator of their intent to sue at least 60 days in advance of planned court action. The Notice of Intent to Sue notifies the federal government of alleged violations and provides them the opportunity to take enforcement action, if appropriate. Wednesday’s action by the state is in response to SELC’s 60-day notice letter.
The state believes its enforcement action against TVA is appropriate given the information provided by the SELC and TVA identifying contamination of the waters of the state. The goal of Wednesday’s action is to require TVA to determine the full extent of contamination of the waters of the state at its Gallatin Steam Plant and to implement corrective measures to resolve the contamination problem.
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