Today is Deadline for TVA to Submit Ocoee Cleanup Plan

Today is the deadline for TVA to submit a plan for the clean-up of the Ocoee River following a spill there on January 5th.

TVA officials reported that they had opened the bottom sluice gates at Ocoee Dam #3 to draw the water level behind the dam down to elevation 1420 in preparations for repair work on Ocoee #2 Dam. As a result, a massive amount of sediment and sludge was released downstream.

TVA officials said the drawdown was needed to protect workers as they worked to repair a leaking Dam #2.

According to officials with the Tennessee Dept. of Environemnt and Conservation, there had been no inquiries regarding permit requirements or coordination with TDEC concerning these special operations of the Ocoee series of dams and powerhouses.

TVA was cited by TDEC for being in violation of the Tennessee Water Quality Control Act of 1977.

Today, January 22, is the deadline for TVA to "submit a plan for restoring the Ocoee River within the affected reach to the pre-event status."

NOTICE OF VIOLATION ISSUED TO TVA IN OCOEE SPILL

Ms. Janet Herrin
Senior Vice President
River Operations
Tennessee Valley Authority
400 West Summit Hill
Knoxville, Tennessee 37902 CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT 7007-0710-0003-2989-8427

Subject: NOTICE OF VIOLATION
Ocoee Dam #3 Unpermitted Sluicing of Sediments
Ocoee River, Polk County

Ms. Herrin:

On Monday, January 5, 2009, the Division of Water Pollution Control, Chattanooga Field Office received a complaint from the U.S. Forest Service, Cherokee National Forest, and the Ocoee River White Water Center reporting that starting at 2:30 p.m. Sunday, January 4, 2009, the Olympic Reach of the Ocoee River was suddenly overwhelmed by muddy-sludge that was black and smelled terrible. As a result, the Forest Service reported that sludge/sediment/ooze was deposited throughout the Olympic Reach of the Ocoee River and in some places up to 3.5 feet in depth (see Photograph 1).

Chattanooga Field Office staff visited the White Water Center reach of the Ocoee River on Tuesday, January 6, 2009, to document what had occurred. Driving up the Ocoee River Gorge, staff noted that the Ocoee River was flowing but that the water was very turbid. Upon reaching the Olympic reach of the Ocoee River, it was noted that the turbidity had increased and the Olympic competition channel portion of the Olympic reach was approximately ½ full (see Photograph 2). In addition, Forest Service employees were walking the stream bank picking up what dead fish they could find. Due to the magnitude of the mud/sludge/ooze release, fish werekilled and washed down stream or killed and buried in the mud/sludge/ooze. Consequently, a count of dead fish was not possible. No live fish were seen.

It was learned from a telephone discussion on January 6, 2009, with Mr. Charles L. Bach, General Manager, River Scheduling, that the source of the mud/sludge/ooze was TVA Ocoee Dam #3. TVA had opened the bottom sluice gates at Ocoee Dam #3 to draw the water level behind the dam down to elevation 1420 in preparations for repair work on Ocoee #2 Dam. As explained by Mr. Bach, the drawdown was needed to protect workers as they worked to repair a leaking Dam #2. There had been no inquiries regarding permit requirements or coordination with TDEC concerning these special operations of the Ocoee series of dams and powerhouses.

You are hereby informed that you are in violation of the Tennessee Water Quality Control Act of 1977, which states in part:

It is unlawful for any person to discharge any substance into waters of the state or to place or cause any substance to be placed in any location where substances, either by themselves or in a combination of others, cause any of the damages as defined in § 69-3-103(22); and

It is unlawful for any person... to carry out any of the following activities, except in accordance with the conditions of a valid permit. (1) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state.

Violations of the Tennessee Water Quality Control Act are subject to civil penalties and/or other enforcement actions.

Required actions:
1. Immediately cease the sluicing operations at Ocoee Dam #3 and thus violating the Tennessee Water Quality Control Act and Water Quality Standards; and

2. By January 22, 2009, submit to the Chattanooga Field Office a plan for restoring the Ocoee River within the affected reach to the pre-event status.

This letter will serve as a formal Notice of Violation and by copy will inform our Enforcement and Compliance Section of the violation.

If you have any questions regarding this correspondence, you may contact me at (423) 634-5702 or Richard.Urban@state.tn.us .

Sincerely,

Richard D. Urban, Ph.D.
Field Office Manager, Division of Water Pollution Control
Chattanooga Environmental Field Office