High-ranking state officials investigate sludge issue

By Greg Little, Managing Editor, The Covington Leader Online
August 12, 2004

'They don’t want to make any missteps to get to their objectives' — Sen. Mark Norris

State officials on the highest level are pondering how to deal with environmental issues at the sludge dumping operation owned by Add-Van Farms in Tipton County.

Additionally, the United States Environmental Protection Agency has now been asked to step in and study the problems at the site.

That was the word late Tuesday afternoon from Sen. Mark Norris, R-Collierville, who has been monitoring the situation closely.

In fact, Norris met extensively with Tennessee Department of Environment and Conservation Commission-er Betsy Child on Tuesday in Nashville. Also at the meeting were her department heads in charge of sludge in the state.

Norris also confirmed a meeting took place between Child and the office of the Attorney General.

“They don’t want to make any missteps to get to their objectives,” said Norris.

A deadline of this Wednesday (Aug. 11) was set by state officials when they signed an agreement on Aug. 11, 2003, with company owner Van Bringle.

Add-Van Farms has been found in violation of sludge dumping at the site on various occasions for the past 11 years. The agreement signed last year, which included the signature of Gov. Phil Bredesen, outlined numerous steps Bringle must take in order to be in compliance.


New orders?

Norris said Tuesday TDEC officials will “right away” order that no more sludge of any type be hauled into the existing lagoons. Bringle has 45 days to completely clean up the lagoons, which includes disposing of the waste inside of those lagoons.

Phillip Davis, TDEC environmental field manager in Memphis, said earlier this week that six of the lagoons had been cleared out by Bringle. Davis said it was his understanding the food-based sludge in those lagoons was being pumped out and then land-applied to the ground at the site.

However, Davis also acknowledged the order says that sludge can only be land-applied if it “meets federal guidelines for land-applying biosolids.”

Davis admitted the department has no way of knowing if that is the case. He did say an on-site inspection which was scheduled to take place Wednesday morning could reveal some of those answers.

Another sludge factor

Another part of the equation is the municipal waste which is being hauled to the site by Add-Van Farms. That waste is coming from the cities of Bartlett and Covington.

Norris said he was “assured” by the TDEC commissioner that “appropriate action” will be taken concerning all biosolids being dumped at the site. Norris said he was told that unless the full terms of the agreement are met, it’s likely the state will allow “no more waste to be received for land application.”

Additionally, Norris said that’s when he was told the state has decided to get EPA officials involved in the case. He said TDEC has contacted officials from Region IV of the EPA in Atlanta and are requesting they come in and “study the water side of things.”

The water pollution division of TDEC handles the municipal sludge and the solid waste management division handles the food-waste sludge.

Neither John Boatright nor Terry Templeton from the Memphis water pollution control division have returned repeated calls in the past two weeks.

Norris said he sensed some frustration from Child with the pollution control division and that was one of the reasons she requested EPA get involved with the water side of the issue.

A new land plan

Davis did say that Bringle has submitted a Land Application and Operation Plan, which was part of the requirement of the order.

However, as of Monday, he said that plan had not been completely reviewed by department officials.

“More than likely there are issues which are going to have to be hammered out,” said Davis.

He said once that happens, a determination will be made by Nashville officials as to whether the plan is viable and workable.

However, a big question which remains is whether or not Add-Van Farms will be able to continue to haul any type of waste to the site should the order not be completed satisfied.

“That is a question for the office of general counsel,” said Davis.

Norris said he met with the head of that office, Sam Wallace, on Tuesday and that’s why TDEC officials met with lawyers from the Attorney General’s Office.

“The lawyers are going to be involved,” said Norris.

Davis also said that Add-Van Farms, in its application, has requested they be able to continue to haul food-waste sludge from both Slim-Fast and Rich Products. Davis said those are the two for which he currently has permits to haul.



Resolving the problem

For residents on Detroit Road in northwestern Tipton County, they are hoping the problem can be resolved. They have repeatedly said it is almost impossible to even sit in their yards if the wind is blowing in the right direction.

“They need to clean it up,” said landowner Barry Richardson, who said he is concerned about health matters in the area.

Norris said he hopes state officials do the right thing.

“I’ve followed through on my commitment to make sure the state does what it is supposed to do in this case and make sure the operation complies with the laws of the state,” said Norris. “It is my job to make sure the state of Tennessee does its job.”

Davis said he understands the process is “frustrating. And I know it is more frustrating if you live out there.”

Another issue Davis has acknowledged is that officials don’t have a firm grasp on how much, and what kind, of sludge has been dumped at the site over the years. He did say soil tests are part of the agreement, however, he also acknowledged there probably isn’t a paper record of the wastes which have been hauled to the site since it opened.

Documents from the Tennessee Secretary of State’s office indicate the business was first chartered in 1987.

Davis acknowledged the information in the land plan is provided by Bringle’s engineering firm and said, as of Monday, there “was some concern about gathering more data. They are proposing collecting more data in this land application plan.”



The future

Norris said he is also concerned about sludge sites across the state.

The senator said he is now in the process of following up on why proposed new regulations “have not been presented and implemented.”

Norris said those proposals have been in the hands of a committee for two years.

Davis has said on several occasions the violations at Add-Van Farms are one of the primary reasons the state is considering changing the rules.

Norris pledged to find out why the rules have been stuck in committee and when the rules will be considered by the Tennessee Legislature “for the benefit of the rest of the state.”

As for the Tipton County site, Norris said he is looking out for his constituents.

“It’s in my district and I’m the senator trying to respond,” said Norris.