TENNESSEE RIVERKEEPER TO SUE “DIRT MOUNTAIN” FOR OPEN DUMPING
Nashville, TN — Tennessee Riverkeeper has issued a notice of intent to sue RR Farms Mass Grading, which locals have designated “Dirt Mountain” — a landfill operation on Ashland City Highway near Pecan Valley Road. The site is currently being used for construction material from the excavation of building sites around Nashville.
“Developers in Nashville have been abusing the system by polluting streams and skirting laws to profit off of true development costs,” stated David Whiteside, Founder of nonprofit Tennessee Riverkeeper.
Neither Nashville nor the Tennessee Department of Environment and Conservation (TDEC) has done anything about any of these violations, despite complaints from neighbors for more than a year.
“State and local authorities have failed to protect local citizens from this obvious problem,” added David Whiteside.
The site has been receiving dirt and rocks that developers have sent from the excavation of building sites around Nashville. The dirt has been used to construct two large mounds which reach approximately 200 feet above the normal elevation of the site. The dirt piled onsite has eroded and combined with stormwater to run off the site and into Sulphur Creek, a tributary of Cumberland River. Tennessee Riverkeeper has issued a notice of intent to sue Crystal Ray and Ricky Ray, the owner/partners of RR Farms.
A permit was issued by TDEC for stormwater associated with construction activities but the Rays have not applied for or received a permit for the operation of a landfill for construction and demolition waste. Riverkeeper contends that the site is a landfill, not a construction site and the Rays did not receive all the required permits. A landfill permit would be more protective by imposing stricter controls on stormwater runoff.
However, Riverkeeper contends that despite not having the proper permit, which itself is a violation for each day of operation, the site is in violation of its weaker stormwater permit.
A landfill which does not comply with applicable regulations (40 CFR 257.1, et sec), is defined as an “open dump.” RR Farms Mass Grading does not comply with 40 CFR 257.3-3(a) because it discharges pollutants into waters of the United States in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES) under section 402 of the Clean Water Act. Section 4005(a) of the Resource Conservation and Recovery Act, 42 U.S.C. §6945(a) prohibits the operation of an open dump for land disposal of solid waste.
Furthermore, RR Farms Mass Grading has failed to obtain an NPDES permit for the operation of a C&D Landfill, which is also a violation of the Clean Water Act. The general permit coverage authorizes stormwater discharges associated with construction activities. It does not cover the operation of a landfill.