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Letter From The Editor Opinion

The Nuttery From Nashville

If it’s February, I’m probably going to be writing at least one column about the Tennessee General Assembly, which gets rolling in late January each year. That column usually includes a rundown of the latest goofy bills brought up for consideration by our reliably loony GOP legislators. This year is, unfortunately, no exception. So here goes …

Last week, Representative James Van Huss (who prefers to go by his “prophet name,” Micah) proposed the following bill, which … Well, just read it:

“Resolves to recognize CNN and The Washington Post as fake news and part of the media wing of the Democratic Party, and further resolves to condemn such media outlets for denigrating our citizens and implying that they are weak-minded followers instead of people exercising their rights that our veterans paid for with their blood.”

The impetus for this stellar bit of law-making was apparently the fact that Van Huss learned that a CNN pundit and a WAPO columnist had dared to suggest that some Trump supporters may not be, er, very bright or sophisticated.

By putting this bill up for consideration in the state House, Trumpster Van Huss pretty much proves the pundits’ point. In fact, Van Huss is the same Einstein who, during last year’s session, read aloud an article from The Onion as the basis for taking a position on another bill, not realizing it was satire. Oops.

But it’s not like Van Huss is breaking new ground here. The stupid has been burning in Nashville for some time now. In recent years, the General Assembly has considered: a bill that mandated abstinence-only sex education; a “gateway body parts” bill that prohibited teachers from using words such as “gay”; a bill to allow teachers to abstain from teaching evolution or climate change; a bill cracking down on “saggy pants”; a bill that addressed the possibility of a mop sink in the capitol building being a possible “foot-washing” sink for Muslims. And on it goes.

In this year’s session, Governor Bill Lee has already signed a bill that would allow some adoption agencies to deny LGBTQ couples the right to adopt, despite enormous pushback from the state’s largest corporations and business interests, who fear that such backward legislation will make it more difficult for them to lure employees to Tennessee, and that it will chase off major conventions and events, such as, say, the NHL or NBA All-Star game.

The legislators are also debating whether to leave a bust of KKK leader Nathan Bedford Forrest in the capitol building or perhaps replace it with one of Dolly Parton. You can’t make this stuff up.

But it’s not all fun and games and bigotry and racism. There are also the usual attempts to screw over Memphis. And this one is a doozy. Consider, if you will, this bill, which came to light on Monday: “Tennessee Code Annotated, Section 69-10-112, is amended by adding the following as a new subsection: In granting a certificate of exemption under this section, no home rule municipality or county operating under a county charter form of government may exercise authority or power over landowner riparian water rights and reasonable use for water to which a landowner has a riparian water right.”

In plain English, this means that in Tennessee a county or city would no longer have control over local water rights. It means, for example, the recent successful efforts by activists such as Save Our Aquifer and the Sierra Club to convince local authorities to prohibit the TVA from drilling into the Memphis Sand Aquifer would no longer be possible. The state would make the call on Shelby County water rights, instead of having it under local control. I have no doubt that the TVA would have won that battle if it had been decided at the state level — and we’d already have five wells dug into our aquifer next to a toxic wastewater site.

The Sierra Club’s Scott Banbury agrees: “If this were in effect when we fought the TVA, the Shelby County Health Department would not have been able to take their groundwater wells away from them,” he said. “This bill would take away Shelby County’s authority to deny well permits or institute any ‘conservation fees’ on private wells. It would undo all the work of the Shelby County Groundwater Board, Shelby County Health Department, and Protect Our Aquifer.”

Enough, already. There needs to be an all-hands-on-deck resistance mounted to stop this bill in its tracks. The mayors, city council, county commission, and all local House and Senate legislators should have their hair on fire about this. This is beyond party. Memphis’ unique and bountiful aquifer is one of its greatest assets. Do we really want to have it controlled by the likes of James Van Huss?

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News News Blog

New State Bill Could Remove Local Control of Water Protection

Tennessee Valley Authority

TVA workers install water quality monitoring wells near the Allen Fossil Plant.

A new Tennessee bill could ”un-protect our aquifer,” removing Shelby County’s ability to control wells drilled into the Memphis Sand Aquifer, the source of the area’s famously pristine drinking water.

The bill was filed last week by two West Tennessee Republicans, Sen. Delores Gresham (R-Somerville) and Rep. Curtis Halford (R-Dyer). The bill would prohibit cities and counties from exercising authority over a landowner’s water rights on “certain drilling requirements.”
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A detailed explanation of the bill was not available on the Tennessee General Assembly website Monday. The legislature was not in session Monday, thanks to the Presidents Day holiday, and lawmakers could not be immediately reached. Also, request for comment on the bill was not immediately returned by Tennessee Senate Republican Caucus.

Scott Banbury, Conservation Programs Coordinator for the Tennessee Chapter of the Sierra Club, said he had not spoken to the bill’s sponsors as of Monday afternoon. But the bill is “about whether or not Shelby County has the authority to regulate groundwater wells within its jurisdiction.”  Facebook

Scott Banbury of Sierra Club Tennessee

“If this were in effect when we fought the (Tennessee Valley Authority), the (Shelby County Health Department) would not have been able to take their groundwater wells away from them,” Banbury said.

The TVA had drilled five wells into the aquifer near its now moth-balled Allen Fossil plant and intended to pump about 3.5 million gallons of water from them each day to cool its new gas-fueled power plant. Those wells were close to contaminated areas of the TVA site. TVA agreed to not use the wells in December 2018. By February 2019, the health department placed explicit rules on TVA using the wells in the future.

If the new bill was made law, Banbury said landowners would have to apply to the state for a permit. Shelby county would likely administer the program but local authorities would not be able to deny permission for any well being drilled here as long as it met state code. He said the proposed law would “remove Shelby County’s ability to do the right thing” in regard to protecting its water.

Ward Archer, president of Protect Our Aquifer, said the bill would “un-protect our aquifer” and “set us way back about 50 years” before local well controls were established here.

JB

(l) Ward Archer of Protect Our Aquifer displays some of the sand particles which, at several deep layers (this sample from 400 feet down) filter the near-pristine drinking water enjoyed by Memphis and Shelby County; (r) Jenna Stonecypher and Linda Archer sell a T-shirt to the Sierra Club’s Dennis Lynch. The shirt, bearing the non-profit group’s logo, says, ‘Save Water/Drink Beer.’

“We need (local regulation) because we are the largest city in the country getting all its water from the ground,” Archer said. “It’s not that way in Nashville. It’s not that way in Knoxville. It’s just not the way they get their water; theirs is mostly surface water.

“What we’re trying to do is not just conserve our water but to protect it from getting contaminated. So, that’s why you have to have a well program.

“We’ve got to manage that process tightly to make sure that if someone drills a well 800 feet down into the aquifer — and doesn’t do it properly — it can become a conduit for contaminants.”

The Senate bill was passed on to the Energy, Agriculture, and Natural Resources Committee but is not on the calendar for this week’s meeting. The House is not on the agenda for Tuesday’s meeting of the House Agriculture and Natural Resources committee.

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News News Blog

Board Pauses Carrier Plan to Inject Treated Wastewater Into Memphis Sand Aquifer

Corey Owens/Greater Memphis Chamber

A diagram shows the layer of aquifers underneath Memphis.

Carrier Corp.’s plan to inject 400 gallons of treated wastewater into the Memphis Sand Aquifer every minute was paused Monday by the Shelby County Groundwater Quality Control (SCGQC) board.

The air-conditioning and refrigeration system manufacturer’s Collierville plant is a federal Superfund site with high levels of trichloroethylene (TCE) and hexavalent chromium. Both contaminants have been found in shallow parts of the aquifer under the plant.

Its current water-treatment process could be more efficient, a consultant to the company said. But the new plan would inject its treated wastewater deep into the aquifer, the source of Memphis’ famously pure drinking water. Experts familiar with the plan at the Southern Environmental Law Center (SELC) said the plan could put the “Memphis Sand Aquifer at risk of greater contamination.”

SCGQC board chairman Tim Herndon said “what bothers me is that you’re saying, ‘oh yeah, just let us get started and let us dump all this stuff into our aquifer.’” Many on the board had similar questions. Carrier’s request was paused to a later meeting in March.

Benjamin Brantley, working on the project for Carrier with environmental consultants Ensafe, said the company is not “recklessly dumping stuff into the aquifer.” Instead, he said the whole plan was created and vetted with Ensafe by officials with the Tennessee Department of Environment and Conservation (TDEC) and the Environmental Protection Agency (EPA).

However, Herndon said he was skittish about those agencies as they installed an injection well on the Smalley-Piper site, without the groundwater board’s approval.

Carrier now cleans its water with onsite strippers and moves it to a Collierville-owned water treatment facility, adjacent to the Carrier site. That water is mingled with the rest of Collierville’s waste water and flowed into the Wolf River.

Carrier wants to move two wells farther south on its property off Byhalia Road. It would move the wells away from the nearby Smalley-Piper Superfund site, another contaminated site with high levels of chromium. The new wells would also pull water from the top of the aquifer where much of the contamination sits under the Carrier plant.

The plan would also allow its pumps to run all the time, cleaning more water. The water would filter through two towers where the contaminants would be stripped of contaminants, according Brantley. Then, the water would be pumped over to that water treatment facility owned by the city of Collierville. From there, it would be pumped into existing wells under the facility deep into the Memphis Sand Aquifer, instead of flowing it into the Wolf River.

Toby Sells

Benjamin Brantley, working on the project for Carrier with environmental consultants Ensafe, presents his plan Tuesday.

Brantley said the water that would be pumped into the aquifer would be cleaned to “drinking-water standards.” However, Brantley admitted telling people they are drinking water from a Superfund site is a “tough sell.” He said, too, that pumping 200 million gallons of clean water back into the deeper parts of the aquifer would help to clean the aquifer.

The plan was denied by the Shelby County Health Department in October. It was then appealed to the groundwater board.

The SELC asked the groundwater board here to deny the appeal, in a letter written on behalf of Protect Our Aquifer and the Tennessee Chapter of the Sierra Club. In it, the group said Carrier’s plan is illegal as “injection wells are expressly prohibited by Shelby County and the Well Code does not authorize any variances allowing injection wells.”

“Carrier Corporation’s proposal provides a good example of why Shelby County is right to prohibit injection wells without any exceptions,” reads the letter. “These injection wells would be installed in the midst of Carrier Corporation’s own TCE contaminated groundwater plume and the chromium plume, threatening to mobilize those contaminants even deeper into the Memphis Sand Aquifer, which serves as the drinking water source for Collierville and Shelby County.”

Toby Sells

A protest sign from Kathleen Meier reads: ‘Carrier Corp. work on a better solution. Don’t poison Memphis.’

The SELC said Carrier’s Superfund site has extremely high levels of trichloroethylene (TCE) contamination. According to the federal Environmental Protection Agency (EPA), exposure to TCE can affect the central nervous system with symptoms like dizziness, headaches, confusion, euphoria, facial numbness, and weakness. Studies report TCE exposure to be associated with several types of cancers in humans, especially kidney, liver, cervix, and in the lymphatic system, according to the EPA.

But the SELC said that Carrier also detected hexavalent chromium in the well it has proposed to use for injection. This state of the element chromium is “known to cause cancer. In addition, it targets the respiratory system, kidneys, liver, skin, and eyes,” according to the federal Occupational Safety and Health Administration (OSHA). The SELC experts said Carrier’s hexavalent chromium was likely originally drawn from the adjacent Smalley-Piper Superfund site, for which EPA is responsible.

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Music Music Blog

Maria Muldaur Makes Special Memphis Appearance For Protect Our Aquifer

Maria Muldaur

Maria Muldaur is one of those perennial luminaries in the music world that we all too easily take for granted. But even though her biggest hit, “Midnight At the Oasis,” came out in 1973, she has consistently created a body of quality, genre-spanning work that has one foot in the past and one eye on the future. It’s no small feat, then, that the annual Acoustic Sunday Live! series was able to add her to its roster this year, along with several other Americana talents. As with last year’s show, all proceeds benefit the nonprofit Protect Our Aquifer, dedicated to warding off threats to the pristine quality of this city’s natural underground water supply. I caught up with Muldaur to see what she’s been up to lately, and it turns out that it’s been quite a lot.

Memphis Flyer: Is your stop in Memphis part of a tour, or is this a one-off thing?

Maria Muldaur: First of all, I’m always doing a lot of shows. I haven’t slowed down at all. I started the year with a Grammy nomination for my 41st album, and did a couple of tours this year. In the fall I was awarded the Americana Music Association’s Trailblazer Award. And so in that sense I am doing a lot of shows, most of the time, but my stop in Memphis is to do something very special: a benefit for the aquifer. And then I’ll be doing some Christmas shows with an amazing guitarist named John Jorgenson. I’m looking forward to that. And that closes out the year for me.

MF: I know the progressive community in Memphis appreciates you lending your voice to this cause. You’re no stranger to wedding your musical talent to a political vision.

MM: Well, first of all, environmental causes shouldn’t be just for progressive communities. These different environmental crises and situations we’re facing are things that concern all of us, as a human, or even an animal, on the planet. These are universal issues. But I’ve always really cared about the environment, and about social issues.

In 2008, I put out an album called Yes We Can!. After making almost forty albums, I was searching for a theme for the next one, and I thought about all the issues that were weighing on my heart and mind at the time. So I came up with the idea of doing a protest album. But I quickly realized after a few days that I had never really liked “protest music” that much when it was first coming out in the early 60s. I totally believed in the causes they were singing about, but the music itself seemed a little dreary and overly serious for me.

So over a couple of days, the idea morphed into doing a pro-peace album. And I used a lot of songs that soul and R&B artists had written and recorded in the late 60s and early 70s. So I switched my focus a little bit and put together some wonderful songs from that era, including three Bob Dylan songs, and also songs by Marvin Gaye and so forth. And I formed something called the Women’s Voices For Peace Choir which included Bonnie Raitt, Joan Baez, Jane Fonda, Odetta, Phoebe Snow, Holly Near, Jenni Muldaur, and others. I gathered up a bunch of women who had raised their voices in the cause of peace and social justice and the environment. Whether it was through singing or another medium. And anyway, we all got together and did that album. I always like to do songs that address those issues. As long as they’re full of spirit and good music. I guess I would call it protest music to dance to.

MF: And the song “Yes We Can, Can” is a perfect example of that. Was that recorded in New Orleans?

MM: No, it was recorded here in the San Francisco Bay Area. But I have recorded many albums in New Orleans, including my last one, which was my 41st album. That was called Don’t You Feel My Leg, and it was a tribute to a wonderful blues woman from New Orleans named Blue Lu Barker. And I did that with a band of all-star, killer players from down there. My music is very informed by New Orleans music. So I have a special connection with that. But the “Yes We Can, Can” song was written by Allen Toussaint, one of New Orleans’ greatest musicians and songwriters, so you weren’t far off on that one. We lost a good one when he left us.

I also did the song “War.” And three Bob Dylan songs, “Masters of War,” “License to Kill,” and “John Brown.” To think that he wrote two of those when he was but 21 years old is kind of amazing.

MF: The song “John Brown” was fairly obscure — something he recorded under the name Blind Boy Grunt, for the Broadside Ballads album back in 1963.

MM: Possibly, but I actually first heard it sung by the Staple Singers. I’m a huge fan of the Staple Singers. In fact, I’ve known Mavis and the family since 1962, before they even broke out. I used to go hear them in a little church in New Jersey. I grew up in New York City. So Mavis and I go way back. And of course Pops Staples sang that one. And it’s just a riveting, really powerful, poignant song. I wanted to definitely include that one.

MF: It sounds like you’re somewhat familiar with the Memphis Sand Aquifer.

MM: I don’t know too many of the details, but the minute I heard a little bit about it, I said ‘Sign me on.’ It’s one thing when people make stupid choices without knowing any better, but now we do know better and it’s just sad that we even have to make an issue of it. It should be, ‘Oh, is this threatening to cause damage to our water supply? Oh, of course then we won’t do it!’

MF: Who will you be performing with in your Memphis show?

MM: Well, this is part of Bruce Newman’s benefit that he does every year, Acoustic Sunday Live! He does a benefit every year in the form of a hootenanny. It’s what we used to call ‘open mic’ back in the 60s. So I’m gonna be onstage with all of the other performers, including Ruthie Foster, who I dearly love. She’s just wonderful. Guy Davis, a wonderful guitarist. And Don Flemons. And also Doug MacLeod. So we’ll all be sitting onstage together, each doing a couple of songs. And they all play guitar and can back themselves up, but I explained to Bruce that I don’t play guitar. So I’m bringing my piano player from my band, the Red Hot Bluesiana band.

Blues is where I’ve comfortably settled after taking a 56-year odyssey through various forms of American roots music. My keyboard player for over 26 years, Chris Barnes, is going to back me up, because I need someone to accompany me. And I think there’ll be some nice interaction between us artists. There may be some duets and this and that. It’s a very informal and intimate format, really, and I’m really looking forward to it.

I think we’ll have fun because we’re all kind of musically interrelated in the styles of music we do. It ought to be a fun and creative evening. And I just hope that the folks of Memphis will come out to support this really good cause. It’s something that affects all of them. Besides raising money, we have to raise awareness about this and make people ever more aware and ever more vigilant about issues that are directly impacting the health of their environment.

I don’t care what party you support, we all have to breathe and we all have to have clean air and water. That these kind of things should even be an issue means we’ve got a long way to go to catch up with a lot of the rest of the world. The rest of the world is waking up and placing more of a priority on cleaning up the environment and rehabilitating it. We need to do everything we can not to further damage the environment.

I love Memphis, the people, the culture, the music, not to mention the food of Memphis. And I actually built in an extra day on my trip so I could spend a whole day at the wonderful blues museum down there. And it’ll be a special treat to be up on the stage with my brothers and sisters. I hope everyone will turn out and make it a success. Amen!

Maria Muldaur appears at Acoustic Sunday Live! The Concert to Protect Our Aquifer, with Ruthie Foster, Dom Flemons, Guy Davis, and Doug MacLeod. Sunday, December 8th, First Congregational Church, 7 p.m. Proceeds go to Protect Our Aquifer. To purchase tickets, go to acousticsundaylive.eventive.org.

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News News Blog

TVA Outlines Next Moves to Possibly Remove Coal Ash

Toby Sells

Water whooshes through two black pipes — both as big around a small pizza and long enough to hide their ends — with the gentle sound of a dishwasher humming out of sight.

The pipes snake nearly across the entire campus of the Allen Fossil Plant. For nearly 60 years, nearly all of Memphis’ electricity flowed from the massive plant close to Presidents Island.

That plant burned coal to make that electricity. That coal was reduced to mainly to ash when it was all burned up. That ash — containing toxins like arsenic and lead — was slurried with water and flowed into great ponds sitting just west and just east of the Allen plant.

Those ponds sit right on the bank of McKellar Lake, a broad inlet from the Mississippi River that cradles the south side of Presidents Island and fronts Martin Luther King Jr. Riverside Park and T.O. Fuller State Park.

Google Maps

An aerial view of the Allen Fossil Plant.

In 2017, the Tennessee Valley Authority (TVA) found high levels of arsenic and other toxins in ground water close to the ponds. Arsenic levels were more than 300 times higher than federal drinking water standards.

The discovery kicked off a years-long, sometimes-contentious series of events that TVA officials hope will end in 10 years. That’s how long they say it will take to finally remove the ash now sitting on nearly 120 acres.

Environmental and drinking-water advocates here hope that move will finally remove the threat the has poses to the Memphis Sand Aquifer, the source of the city’s pristine drinking water.

The process to remove the ash is already underway. On Wednesday, those two black pipes — both as big around as a small pizza — whooshed treated water from those ponds straight into the Mississippi.
Toby Sells

TVA president and CEO Jeffrey Lyash spoke to reporters here Wednesday.

“There’s a deferred cost associated with the nearly 60 years benefit we all derived from places like the Allen Plant,” Jeffrey Lyash, president and CEO of TVA, said to reporters here Wednesday. “That deferred cost is coal combustion residuals [ash] and the decommissioning and dismantling of the plant and the restoration of the site so that it can be repurposed for economic development.”

Two ash storage ponds now hold ash buried at the Allen plant from as far back as 1959, when it was built and brought online by Memphis Light, Gas & Water.

The west ash pond was the site’s first. It was retired in 1978 and closed by the TVA in 2016. The ash in that ponds — some from 1959 — remains. Though, the broad pond is now covered in grass and a few trees. It looks inviting enough, as one TVA official put it, for a family reunion.

The east ash pond replaced the original west ash pond. The east pond was built in 1967, expanded in 1978, and is now 70 acres, according to the nonprofit Environmental Integrity Project. Water in the pond looked dark, standing about 50 yards from it. The area around it looks swampy, grown over by some tough, reedy weed — not inviting at all.
Toby Sells

Reporters gather before pumps and filters on the bank of the Allen plant’s east ash pond.

Crews began sucking the water from the east pond about two weeks ago, according to Angela Austin, TVA’s construction manager at Allen site. Lyash, the CEO, called Austin the “boots on the ground” for the project to remove the coal ash and decommission and dismantle the old plant.

In those two weeks, nearly 3 million gallons of free water — the water on top of the ash — has been removed from the pond. The water is filtered to remove any particles in it and treated to adjust its pH to clear federal standards that allows TVA to dump the water in the river. Austin said she hopes to have all of that water removed in the next two or three months. When it’s gone, nearly 17 million gallons will be filtered, treated, snaked through those black pipes, and flowed into the Mississippi.

Once that water is gone, crews will begin removing water that’s still in the ash. Once that water is gone, the ash will be stabilized enough to be removed.

Coal ash ponds near TVA’s Allen Fossil power plant

TVA wants to remove it, Lyash said, all of it — from the east and west ash ponds. But part of that decision lies with federal environmental officials and with Memphians. A process is now underway to decide exactly how the TVA will deal with the ash.

As a part of that, TVA held a public hearing on the matter here Wednesday. Lyash said Wednesday TVA is also going to create a citizens advisory group to watch and review the process on an ongoing basis.

The process underway now will determine many of the next steps TVA will take to remove the ash. Can the agency remove it? If so, how? If so, how can they transport it? Truck? Rail? If they can transport it, where can they take it? If they can take it some place, what kind of container can they store it in?

Southern Environmental Law Center

An aerial shot shows the massive east ash pond at the Allen Fossil Plant.

One interesting question is whether or not TVA will be able to use the ash, instead of just storing it some place. The American Coal Ash Association (ACAA) said in 2012 that about half of coal ash that is reused is made into concrete, grout, or gypsum wallboard.

But the biggest question for Memphians is how TVA plans will protect the environment and, more specifically, the drinking water here.

Contaminants from the coal ash ponds leeched into groundwater here. It made it 40 feet into the ground into a shallower alluvial aquifer, not into the drinking-water source, TVA said. Around the time of the discovery, TVA said it wanted to drill five wells into the Memphis Sand (the drinking water source) to pump water from it to cool it’s brand new Allen Combined Cycle Plant, the one that replaced the fossil plant.

TVA

TVA’s new natural-gas-fueled Combined Cycle Plant.

However, some worried that running the wells would pull toxins from the east ash pond into the Memphis Sand aquifer. TVA launched an investigation run by the U.S. Geological Survey and the University of Memphis. The groups found that the Memphis Sand was hydraulically linked to that contaminated, alluvial aquifer above it. By this time, though, TVA had decided not to use the wells.

“All the evidence says not only isn’t there any drinking-water contamination or environmental contamination beyond what we’ve characterized, but there really isn’t any migration that would suggest it would be an issue in the future,” said Lyash.

Toby Sells

Two of 57 wells monitor the ground water around an ash pond at the Allen plant.

TVA is watching the situation closely. It has now expanded its of monitoring wells around the east ash pond to 57.

But Memphis will have a second opinion. In November, to the U of M’s Center for Applied Earth Science and Engineering Research (CAESER) wont a $5 million grant to study the aquifer over the next five years.

A U of M news release at the time said MLGW “has grown increasingly concerned over water quality impacts to our sole source of drinking water, the Memphis aquifer. Above the Memphis Aquifer is a protective clay layer which shields our drinking water from pollution, but gaps, or ‘breaches’ in the clay have been discovered.”

Lyash said TVA will return the Allen site to a “best-of-industry standard” using the “best-in-industry practices in science.”

“We’re going to protect the environment,” Lyash said. “We have the interests of the citizens of Shelby County in Memphis right at the heart of that. So, you shouldn’t be concerned that TV is going to do anything other than the right thing here at our Allen.”

Toby Sells

TVA’s Angela Austin speaks to reporters at the Allen plant.

For Austin, TVA’s mission at Allen is personal. She’s the “boots-on-the-ground” Allen construction manager. Austin said she has been a Memphian for 24 years and lives now in Hickory Hill.

“It’s very important that we get it right, because I’m the one who drinks this water every day, Austin said. “It has to be successful. This is where my family has been born and raised.”

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Letter From The Editor Opinion

It’s Not Easy Being Green

Have you heard about that crazy Green New Deal? Yeah, the socialists are gonna ban hamburgers and air travel, and we’ll all be forced to use wind power for our homes! How nuts is that? When the wind stops blowing, you won’t even be able to watch television. Har har. How dumb do these liberal idiots think we are? Global warming? Har. We could use some of that right about now. It’s colder’n hell out there.

Just wanted to get that out of the way. Sorry. The lunacy passing for policy debate these days has reached depths of stupidity unimaginable just a few years ago. And President Trump’s unhinged two-hour dark-comedy routine at CPAC last Saturday just amplified it to the next level. It’s difficult to have an intelligent discussion about the environment — or anything, really — when one side of the “debate” has decided the best way forward is uninformed, knuckle-dragging ridicule.

Coal ash ponds near TVA’s Allen Fossil power plant

But the environment isn’t a laughing matter. The Green New Deal probably over-reaches, but it’s a starting point for policy discussion, not an edict to be enforced by socialist overlords. It doesn’t ban hamburgers or air travel, no matter what the president says. And wind turbines are used all over the country, generating electricity that will last throughout even the longest Netflix binge. Oh, and solar power works, too, even when it’s cloudy, or dark, like at night.

The environment and this country’s energy policy deserve serious attention and a real back-and-forth over the best ways to move — however gradually — from a mostly fossil fuel-based economy to one that will sustain the nation and the planet in the coming decades. But, as with almost every issue these days, foreign or domestic, political maneuvering and ignorant posturing seems to have subsumed the possibility of any substantive interchange of ideas.

If you need evidence that the environment needs attention, you have only to look to the TVA Allen Fossil power plant just south of Downtown, where we’ve got our own “green” issues to deal with. Thanks to some good reporting by Micaela Watts in The Commercial Appeal this week, we learned that the Memphis Sand Aquifer — the source of Memphis’ lauded drinking water — is in some peril. It is sitting beneath a coal ash landfill that contains ponds contaminated with 350 times the level of arsenic considered safe.

Though TVA closed its coal plant in 2018, replacing it with a more environmentally friendly gas-fired plant, tons of poisonous residue from decades of coal-burning remain at the site, separated from our aquifer by a thin layer of clay. But here’s the bad news: TVA reported this week that there is no clay barrier near the coal ash pond.

This would be a good time to point out the debt of gratitude all the residents of Memphis owe to a group of citizen activists who formed the group Protect Our Aquifer in 2016. They, along with the local chapter of the Sierra Club, have been relentless in their battle to keep TVA from doing what big corporations like to do: Find the cheapest way to do things, no matter the environmental consequences.

All those blue yard signs around town showed that people cared and were involved. The payoff was a big one. First, TVA was persuaded to back off its plans to drill new wells into the aquifer — near the site of the coal ash dump — in order to tap our water to cool its new gas-fired plant. The group was then influential in getting the county commission to re-examine and strengthen its permitting process for digging wells in the county.

That’s often what happens when a real debate is enjoined, when citizens stand up and make noise, and when issues get addressed and discussed in an adult, rational way by governmental bodies. Washington could learn something from what occurred here in Memphis.

Meanwhile, the somewhat good news is that TVA is assuring the public that it is quickly moving to address the problem and bring the coal ash site into alignment with federal guidelines — presuming the Trump administration won’t further weaken those guidelines in coming months in order to appease one of its corporate overlords.

We can only hope they’ll be distracted by trying to save our hamburgers.

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News News Blog

County Health Department Limits TVA’s Use of Aquifer Wells

USGS

Groundwater discharge from an aquifer test at the Tennessee Valley Authority Allen Combined Cycle Plant in October.


The Shelby County Health Department placed rules on how the Tennessee Valley Authority (TVA) uses five wells at its Allen natural gas plant this week.

The health department prohibited TVA from using the wells, which the utility previously committed to not using, except in three circumstances:

Sampling for contaminants or studying the connection of the shallow and deep aquifers. Approval for the studies must be granted by the Tennessee Department of Conservation.


Using the plant for water in an emergency when Memphis Light, Gas & Water cannot provide it. This is to be done only to avoid “serious damage or disruption to the regional power grid.”

Limited Maintenance of up to 30 minutes each quarter.


These modified permits are in response to a December request to limit or prohibit TVA’s use of the wells by the Southern Environmental Law Center (SELC) on behalf of Protect Our Aquifer and the Sierra Club in order to avoid contamination of Memphis’ drinking water source.

The health department previously gave TVA permits to drill five wells into the Memphis Sand Aquifer in order to pump about 3.5 million gallons of water to cool its energy plant here.

After tests found high levels of arsenic and lead at the site, TVA said it would not use the wells until after a state investigation into groundwater contamination is completed.

A coal ash pond at TVA’s Allen Fossil Plant.

The five wells in question are housed in the Allen Combined Cycle Plant, which sits within a half-mile of a leaking coal ash pond operated by TVA. The ash pond is the center of ongoing state and federal investigations into groundwater contaminants, including arsenic and lead. Studies have suggested that use of the wells could put the Memphis Sand Aquifer at greater risk of contamination from the coal ash pond.

Research done by the University of Memphis and the U.S. Geological Survey last year showed that the coal ash pond is connected to the Memphis Sand Aquifer through gaps in the aquifer’s protective clay layers. The study also found that this connection could cause the contaminated groundwater to be pulled into the drinking water source when water is pumped from the wells.

Amanda Garcia, the senior attorney for SELC, said TVA should have never asked for the permits to use the wells, and that “we’re pleased to see that the county acknowledged, in a letter, that TVA would be denied permits to drill the wells if they had applied today.”

She added that the rules placed on utility’s usage demonstrates “how serious the pollution risk is to the county’s drinking water source.”

Ward Archer, president of Protect Our Aquifer, agreed, saying the county made the right decision in placing restrictions on TVA’s well use.

“Last year, the Shelby County Groundwater Control Board made the first step to better protect the Memphis Sand Aquifer by adopting stronger rules for obtaining permits and operating wells that pull from the Memphis Sand.

“However, we still need better local groundwater protections across the area and we hope Shelby County continues to work to conserve our most precious natural resource.”

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News News Blog

TVA to Remove Arsenic from Aquifer

Tennessee Valley Authority

TVA workers install water quality monitoring wells near the Allen Fossil Plant.

The Tennessee Valley Authority (TVA) announced Friday it will remove the arsenic found in groundwater near its now-shuttered Allen Fossil Plant, and begin forming a plan for the future of the coal ash there that caused the contamination.

Last year, investigators found 300 times the legal limit of arsenic in an alluvial aquifer that sits above the Memphis Sand Aquifer, the source of Memphis’ famously pure drinking water. It is from that shallower, alluvial aquifer above the Memphis Sand that the TVA will pump water and treat it to remove the arsenic.

State officials mandated an investigation of the site and found that contaminated aquifer and the Memphis Sand aquifer were connected, posing a possible threat to the city’s drinking water.

“TVA intends to remove the arsenic by pumping out the water in the alluvial aquifer and capturing the contaminants,” TVA officials said Friday in a blog post called, “What’s Going on at the Allen Fossil Plant?”

“If you pass by the fossil plant site in December, you might see workers setting up equipment to prepare for this process,” the post stated.

Scott Banbury, Conservation Programs Coordinator for the Tennessee Chapter of the Sierra Club, “We love that they are doing that, but it’s not a singular solution.”
[pullquote-1] “We appreciate they are taking their arsenic back, but as long as the ash is there, it’s an ongoing problem,” Banbury said.

TVA is now taking public comments on a plan, called an Environmental Impact Statement (EIS), “to consider the potential environmental effects of various options for closure” for two coal ash storage sites at the Allen plant.

A coal ash pond at TVA’s Allen Fossil Plant.

One site was closed in 2016 and contains an estimated 250,000 cubic yards of coal ash. TVA will consider opening the site and removing the ash. The other, the site of the arsenic contamination, contains an estimated 2.7 million cubic yards of coal ash. TVA said it will consider all options — from removing the coal ash to sealing the ash in place and closing the storage site.

Public comments on the plan are open until January 4th, 2019. Banbury said the deadline does not give near enough time for citizens to look at the material and weigh the options or possible problems. He said his group will be requesting an extension on the deadline and will push for a public hearing on the matter in Memphis.

You can submit your comments on the scope of the draft EIS here. Comments can also be submitted online at www.tva.com/nepa, emailed to arfarless@tva.gov, or mailed to Ashley Farless, NEPA Compliance Specialist, Tennessee Valley Authority, 1101 Market Street, BR4A-C, Chattanooga, TN 37402.

To be considered, comments must be received no later than Jan. 4, 2019. Please note that any comments received, including names and addresses, will become part of the project administrative record and will be available for public inspection.

TVA said crews will also be installing new wells around the Allen site to monitor water quality. The wells are part of an Environmental Investigation Plan (EIP) ordered by the Tennessee Department of Environment and Conservation (TDEC) in 2015. The plan covers seven TVA sites with coal ash storage on-site.

The EIP is to “determine the environmental impacts of the (coal ash), including impacts to surface water, ground water, and soil,” reads the TVA blog. The plan is not directly related to the TVA’s aforementioned plan to remove the arsenic from the water at the Allen site.

Tennessee Valley Authority

The depth and amount of the contamination, according to the TVA investigation.

But environmental groups say TVA’s Environmental Impact Plan leaves out important data that has already been collected from earlier investigations. The first, remedial investigation, found contaminants at the site, and a later review by the University of Memphis and the United State Geological Survey found that the two aquifers were linked.

Protect Our Aquifer, The Tennessee Chapter of the Sierra Club, and the Southern Environmental Law Center filed a joint comment on the matter to the TVA earlier this week.

“[Data from the investigations] indicated that there is a current risk of ongoing coal ash contamination in the Memphis Sand Aquifer and McKellar Lake due to TVA storage of coal ash in the leaking, unlined East Ash Pond and the consequent coal ash contamination of the alluvial aquifer,” reads the comment. “Neither the (remedial investigation) itself nor the EIP acknowledge this current and ongoing risk, and therefore, do not outline an appropriate next step in the ongoing investigation of coal ash contamination at the Allen Plant site.”

Further, the groups said the timeline to start cleaning up the site is “unacceptable.” The TDEC Commissioner ordered TVA to form a plan to clean up coal ash storage sites in 2015, they said. If the process moves along as prescribed, “it will have taken five years since the issuance of the order to even begin a discussion about appropriate corrective actions to address pollution we already know has occurred and is occurring at the site.”

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News News Blog

Changes Urged Against ‘Free’ Water

Edwards Aquifer Authority

A massive sinkhole in the Edwards Aquifer.

Industries in Shelby County can drink as much as they want from the Memphis Sand Aquifer and they only have to buy the straw.

Regulations in place now allow industries to drill directly into the city’s famously pure drinking water, take as much as they like — for free — and all they have to pay for is the permit to drill the well. For Protect Our Aquifer, this is a problem that needs to be addressed.

”Protect Our Aquifer believes the unregulated use of the aquifer at no cost to industry puts our community’s great natural resource at risk of overconsumption and contamination,” the nonrpfoti said in a media alert Tuesday. “This includes allowing extractive industries, such as bottling companies that can export — at virtually no cost — the priceless Memphis Sand Aquifer water for private profits.”

Corey Owens/Greater Memphis Chamber

A diagram shows the layer of aquifers underneath Memphis.

For a solution to the problem, locals are looking to Texas.

Roland Ruiz, general manager of the Edwards Aquifer Authority, will speak Wednesday on how his organization protects the water supply for the Texas cities of San Antonio and the fast-growing Austin.

The talk is scheduled for 3 p.m. Wednesday at the Community Foundation of Greater Memphis. It is presented by Protect Our Aquifer, Wolf River Conservancy, University of Memphis/CAESER, Sierra Club, Clean Memphis, and the Southern Environmental Law Center.

Ward Archer, founder of the nonprofit Protect Our Aquifer, said he likes the way the authority manages the massive Edwards Aquifer. But he points out that Ruiz is “not coming to tell us what to do, but how they are doing it.”

[pullquote-1]

“In Texas, the water’s not free,” Archer said, noting the difference between between the Edward model and our own. “It’s not expensive but it’s not free. The authority has a big budget of about $30 million and it’s my understanding that it’s all funded by extraction fees from private well owners.”

The Edwards Aquifer Authority was formed after a 1950s-era drought left the aquifer at dangerously low levels.

“One Texas water official described it as ‘the most costly and one of the most devastating droughts in 600 years,” reads the aquifer website.

The scare “ignited the modern era of water planning in Texas” and “created the need for regulation of the aquifer.”

The authority now monitors water levels in the aquifer everyday, data accessible by a easy-to-read-dashboard on its website. The authority issues permits to anyone wishing to draw water from the aquifer and charges users for their consumption.

The authority monitors any major chemical spills that occur above the aquifer, researches the aquifer, protects it as an animal habitat, and protects the animals that live there, too.

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Cover Feature News

The Water City

Water defines Memphis.

Without the Mississippi River, the city would not exist at all. Its bones are formed as Nonconnah Creek and the Wolf River shape the I-240 loop. The massive Memphis Sand Aquifer below the city promises a future when so many communities face historic uncertainty.

“We are a water city,” said Joe Royer, who owns Outdoors, Inc. and can frequently be seen paddling kayaks up and down the Mississippi River. “When it snows in Yellowstone [National Park], it flows by Tom Lee Park. When you’re watching Monday Night Football and it’s sleeting in Pittsburgh, it’ll come through Memphis.”

But much of the city’s waters face threats, old and new. And a cadre of locals is organizing to fight them.

The Tennessee Valley Authority (TVA) awaits testing results before it can pump 3.5 million gallons of Memphis water per day from the Memphis Sand Aquifer, the source of the city’s drinking water, to cool its new energy plant on President’s Island.

Citizens north of Memphis await word from state agencies to see if a site near their homes will host a pipeline that will dump 3.5 million gallons of wastewater every day into the Mississippi River.

And city officials in Memphis continue, under a federal mandate, to fix a broken wastewater system that has dumped hundreds of millions of gallons of raw sewage into local waterways.

TVA and the Memphis Sand Aquifer

Raise the 57 trillion gallons of water from the Memphis Sand Aquifer to the surface, and it would flood all of Shelby County to the top of Clark Tower. This fact arises in almost every discussion of whether or not TVA should use Memphis drinking water to cool its new, natural-gas-fed Allen Combined Cycle Plant.

It’s a lot of water, which scores a point for TVA in discussions. And TVA’s proposed water draw wouldn’t be the biggest. (A local DuPont chemical plant sucks up 15 million gallons of aquifer water every day, according to local water experts.) But it’s not just any water.

Called “the sweetest in the world,” Memphis drinking water begins as rain in Fayette County and filters through acres of sand as it glugs slowly westward to Memphis. How slowly? The aquifer water under downtown Memphis fell from the sky about 2,000 to 3,000 years ago, according to Brian Waldron, director of the Center for Applied Earth Science and Engineering Research (CAESER) in the Herff College of Engineering at the University of Memphis. So, that water got its start very roughly between the time Homer wrote the Illiad and the Odyssey and the birth of Jesus of Nazareth.

That fact scores a point for local environmentalists who say the resource is rare, maybe priceless.

“It can be argued that 3.5 [million gallons of water per day] is a drop in the bucket, but we must never forget that our resource is finite and that individually we can be good stewards of our groundwater,” Waldron wrote in an opinion piece for The Commercial Appeal.

Volume, though, has rarely been the main bone of contention in the many arguments that have roiled the aquifer debate since it really got started in 2016. Environmental groups and others are more worried that the TVA’s five 650-foot wells could draw toxins into all that “sweet” water.

That argument gained new ground this summer when TVA discovered arsenic levels in some wells around the energy plant were more than 300 times higher than federal drinking water standards. Lead and fluoride levels there were also higher than federal safety standards. The contaminated water sits under a pond that stores coal ash, the remnants of the coal TVA now burns for power at the Allen Fossil Plant. That pond is a quarter mile from those five wells drilled into the Memphis Sand Aquifer.

“We believe our public drinking water is our most valuable asset,” Ward Archer, founder of Protect Our Aquifer (POA), said during a water policy meeting last month. “If you really, really, really, think about it — and especially going forward — [water is] everything, and we have it in spades. But we have a lot of contamination threats.”

Archer formed POA mainly as a Facebook group in 2016 to spread the word about TVA’s plans to tap the aquifer. He formally registered the group later so it could have legal standing to join a lawsuit with the local arm of the Sierra Club to stop TVA’s well permits last year.

Scott Banbury, the Sierra Club’s Tennessee Conservation Programs Coordinator, said his core argument against the TVA wells gets down to money versus people.

“[Memphis-area customers] send $1 billion a year to TVA for our power,” Banbury said. “For them to not use wells that might compromise our drinking water would only cost $6 million. There are 9 million people in TVA-land that are required by federal law to pay the price for anything that TVA does.

“How does that math add up?” he continues. “I think it comes out to about 65 cents per year per person to make sure that we’re not messing up Memphis’ water. Sixty-five cents per person per year and you can do the right thing, the good thing.”

But TVA is required by the TVA Act (the federal law that created the organization) to provide power “at the lowest feasible price for all consumers in the Tennessee Valley,” according to an excerpt from an August TVA document called “Key Messages.”

TVA officials said in the document that its original plan (to use wastewater to cool the plant) would have required it to clean the water, adding an additional $9 million to $23 million annual cost to customers. They also looked to use water from McKellar Lake and the Mississippi Alluvial Aquifer. But all of these options, TVA said, would have added costs and risked the reliability of the new plant.

“TVA is moving forward with the best option for consumers in a responsible manner that will be respectful of the Memphis Sand Aquifer and surrounding environment,” reads the document.

Memphis Light, Gas & Water did not find elevated levels of toxins in drinking water wells close to the TVA site last year. After that, TVA ran its five wells for 24 hours, but test results are not back yet.

In response to the discovery of toxins, TVA launched a deeper investigation into the safety of its five wells in late August, contracting with experts from the U.S. Geological Survey (USGS) and the University of Memphis to map the underlying geology around the site to better understand the movement of the groundwater (and possible toxins) there. The day after that announcement, state officials said they had a good faith agreement with TVA that it wouldn’t use the wells until after the investigation was complete.

“As a state agency, we need very convincing evidence that the contamination in the upper aquifer does not seep into the lower levels,” Chuck Head, assistant commissioner of the Tennessee Department of Environment and Conservation (TDEC), said at the time.

That investigation was originally projected to take months to complete. But when the plan for that investigation came out in mid-September, USGS and the U of M researchers said they didn’t have enough time to gather enough data to make a clear judgment call on TVA’s wells by the time the agency planned to fire up the plant in December 2017.

“We have committed not to use the aquifer wells until testing shows it is safe to do so,” said TVA spokesman Scott Brooks last week. “We aren’t there yet. However, construction continues on the new gas plant, which is more than 90 percent complete. Our goal is still to have this cleaner generation online by the summer of 2018.”

More help may be on the way for the Memphis Sand Aquifer. Last week, MLGW and Memphis Mayor Jim Strickland proposed a water rate increase that would yield about $1 million each year for aquifer research. About 18 cents would be added to each MLGW water meter each month for the research, to ensure our source of drinking water remains pure and is protected from potential contaminants,” reads the prosper resolution.

The River and the “Poopline”

Bottleneck blues played softly as John Duda’s paint-splotched hands worked on a single glimmer of Mississippi River moonlight. Hours of painting inches in front of a massive canvas yielded a scene of a riverboat chugging slowly toward Memphis, leaving a trail of ripples and sparkles.

Duda’s house in Randolph, about an hour north of Memphis, is filled with his work, mostly scenes of Memphis, the riverfront, and Beale Street. But his finest work may be the view from his back deck.

After he bought the house about 11 years ago, he worked for years to clear kudzu and undergrowth from his spot on the Second Chickasaw Bluff to reveal an expansive view of the Mississippi River, the bluff, and bottom lands beyond. Duda’s view belongs on postcards, but it’s in peril. He shies away from attention, but his fight against that peril has brought him into the spotlight.

From his deck, he pointed to the exact site an 18-inch pipeline that could deliver 3.5 million gallons of industrial waste and treated sewer water into the Mississippi River right below his house.

“It won’t be good,” Duda said. “I understand it’s got to go somewhere and it meets the [Environmental Protection Agency] guidelines. But to put it at the head of a town that’s been here since 1830 or before then is kind of a slap in the face to the people who live here, and the people who visit here, and recreate here.”

Earlier this year, a state plan emerged that would run a pipeline 37 miles from the Memphis Regional Megasite in Haywood County to that spot into the Mississippi below Duda’s house. The pipeline would cross at least 30 bodies of water and carry an estimated 3 million gallons of industrial wastewater from the megasite every day. The pipeline would also carry about 500,000 gallons of treated sewage from the city of Stanton, Tennessee.

State economic development officials have worked for years to prep the 4,100-acre site with $143 million in infrastructure improvements in hopes of luring a large manufacturer to the state. While Toyota-Mazda recently passed on the site, state officials promise prospective clients “the best of everything you need,” including “the best partner, the best location, and the strongest workforce.” Last week, The Jackson Sun reported that state officials said the site needs an additional $72 million to complete work there.

The idea is “terrible, terrible, terrible,” “crappy,” or, simply, “the worst,” according to Renée Hoyos, executive director of the Knoxville-based Tennessee Clean Water Network (TCWN).

“The whole [megasite project] has just gone down this road where I think people are just like, ‘well, we’ve gone this far, how about this idea?'” Hoyos said in a recent interview. “And the ideas are just getting dumber and dumber. They’ve spent all this money, and still no one is coming. It’s not, ‘build it and they will come.’ They’re not coming. So, don’t build.”

Justin Owen, CEO of the Nashville-based Beacon Center, a free-market think tank, recently called the megasite project a “boondoggle” and said that its failure so far was “legendary.”

“And the state now has to run a sewage pipe from the site to the Mississippi River, costing more money and seizing homeowners’ property along the way via eminent domain,” Owen wrote in an opinion piece in The Jackson Sun. “All for a company that is only real in the imaginations of politicians and bureaucrats in Nashville.”

Backlash to the Randolph pipeline solution began this summer. Dozens showed up to oppose the project at TDEC meetings close to the site. A Facebook group called “Say No to the Randolph Poopline (Toxic Sludge)” was organized and quickly grew. But, again, volume is not the main bone of contention in the “poopline” argument with most. It is the location.

At the exact site of the proposed wastewater pipe, sandy beaches appear on the banks of the Mississippi during its regular flow. Duda said people come from near and far to camp at the site, launch kayaks, ride horses, and sit around bonfires. During a recent visit, beer cans, clay pigeons, spent shotgun shells, and ATV tracks evidenced some other, recent recreation.

The site seemed to be picked because it’s close to the where the Mississippi meets the Hatchie River. Flows from the two would help dilute the treated wastewater and send it downstream. Duda said that plan might work when the water was high. But at low levels, an area between the Tennessee side of the river and a mid-stream island gets cut off.

“All of a sudden all of this water gets cut off, and that means 3.5 million gallons [of wastewater] will just be sitting in two, or three, or four pools down through here,” Duda said. “When it’s not mixing, they become cesspools, essentially. Whenever you go by any treatment plant cesspool area, what have they got around it? A chainlink fence with barbed wire to keep people out.”

Duda also feared the pipeline would drive away local wildlife — geese, bald eagles, deer, and more. Years of exposure to the heavy metals in the wastewater would eventually obliterate the spot for human recreation and for the miles of fertile bottomland farms around it for growing corn, soybeans, or cotton.

Environmental dangers loom beyond the spot, too, back along the 37 miles of pipeline that run from the proposed factory and the 30 bodies of water it would cross, said Hoyos.

“That pipe will be under pressure, so you may only notice a problem if it’s a big break,” she said. “But little leaks? You may not notice them. There may be a pollution event that goes on for months and months and months and you may not be able to see them.”

The crowds at the meetings, the Facebook group, and the calls to state lawmakers all delayed a decision on the proposed pipeline last month. It was enough to earn a 30-day extension for public comment on the project. One of those voices for the delay was Shelby County Commissioner Terry Roland.

“This type of discharge will certainly negatively affect the commercial and recreational fishing near Shelby Forest, not to mention the wildlife, to include 43 species on the federal endangered list, popular swimming beaches, boating camping, etc.,” Roland said in a statement at the time.

Justin Fox Burks

Memphis Sewers and The Waters Around Them

The feds have long been after Memphis city officials about its wastewater.

Back about 40 years or so, they forced city officials to treat it before they dumped it into the Mississippi River. Since 2012, the federal agencies have required the city to spend about $250 million over several years to fix and upgrade its weak, leaky wastewater system so the city doesn’t spill untreated sewage into the river (which we have, still, a lot). The city now operates under a consent decree for the improvements agreed to by the TCWN, U.S. Environmental Protection Agency, the U.S. Department of Justice, TDEC, and the Office of the Tennessee Attorney General.

In 2010, federal and state agencies filed a formal complaint against the city alleging that “on numerous occasions since 2003” the city illegally spilled untreated sewage into state and federal waters. City officials “failed to properly operate and maintain [its wastewater] facilities” and allowed “visible, floating scum, oil, or other matter contained in the wastewater discharge,” into surrounding waters.

For this, the city paid a civil penalty of about $1.3 million to resolve the violation of the Clean Water Act. It also had to devise a plan to beef up its wastewater system and promise vigilance on clean water issues going forward. But vigilance doesn’t guarantee perfection.

In March and April of 2016, for example, two sewer pipes broke. Both were associated with the T.E. Maxson Waste Water Treatment Plant on President’s Island. One was eight feet tall and another five feet tall. When they broke, they dumped more than 350 million gallons of untreated wastewater into Cypress Creek and McKellar Lake. (For perspective, the damaged Deepwater Horizon well spilled 210 million gallons of oil into the Gulf of Mexico in 2010.) The spill killed 72,000 fish, spiked levels of E. coli bacteria in the waterways, and left behind layers of sludge.

Justin Fox Burks

John Duda’s house north of Memphis has a great view from the Second Chickasaw Bluff.

Later that year, a three-and-a-half-foot sewer pipe broke close to the M.C. Stiles Waste Water Treatment Plant north of Mud Island. Two-and-a-half million gallons of raw sewage dumped into the Loosahatchie River every day for three days.

In all of the spills, the dirt banks around the pipes had eroded and the pipes broke under their own weight. Correspondence from Memphis leaders show plans are in place to fix those pipes permanently. But Hoyos, with the Tennessee Clean Water Network, said spills like these are “not surprising.”

“You’re going to see [sewage] overflows because, as you’re tightening up a system in certain places, it really accentuates the weaknesses in other sections,” she said.

In a March 2017 letter to Memphis Mayor Jim Strickland, an official with TDEC’s Division of Water Resources said that the city would not only fix the pipes, stabilize its banks, and closely monitor all of them, the city must pay the state damages for the 2016 spills. Those damages were figured at $359,855.98 “for ecological and recreational damage to Cypress Creek and McKellar Lake, excluding damages for fish killed as a direct result of the spill.”

Justin Fox Burks

City of Memphis Public Works Director Robert Knecht said the city is negotiating the terms of that agreement with the state. He said his agency doesn’t like raw sewage spills, of course, but that the city is responsible for 3,200 miles of sewer lines, with 2,800 of those miles of pipes within the city limits. From them, the city’s two wastewater plants process about 60 billion gallons of wastewater each year.

Capital improvements needed for the city’s sewer system, he said, range from $850 million to $1.2 billion. While the consent decree mandated the city spend $250 million, Knecht said it’ll end up spending about $350 million simply because officials discovered about 25 percent more sewer infrastructure after the decree was signed.

The Water City

Many interviewed for this story said they would not swim in the Mississippi River, especially south of the Stiles Waste Water plant. TDEC advises that no one eat fish from the river. Hoyos said that the river drains one third of the United States and has “been used as the nation’s toilet.”

“By the time it gets to Memphis, [the river] is in pretty bad shape,” she said.

All that water, of course, drains into the Gulf of Mexico near New Orleans. There, a “dead zone” bloomed this year the size of New Jersey, the largest on record. For more on this, check out a story in this week’s Fly By, page 6.

Still, given all the perils to the city’s water and waterways, Royer of Outdoors, Inc. believes in Memphis as a “water city” and that its natural resources will be key to its future, and not just for outdoorsy types. Digital technology has given most the ability to work almost anywhere and that puts Memphis in a “real competitive environment” for workers.

“And if the salary is even close, they’ll choose to go to the most livable city,” he said.