WILLIAMSON COUNTY, Tenn. (WTVF) — State inspectors said employees of a private company denied them access to a wastewater treatment facility with a history of environmental violations.
Inspectors with the Tennessee Department of Environment and Conservation questioned whether the company would prevent future inspections of its properties.
The wastewater treatment facility is in Williamson County and is operated by Tennessee Wastewater, whose parent company is Adenus, which owns or operates nearly 100 wastewater treatment facilities across the state.
Adenus called what happened a "misunderstanding." But in a letter last month, TDEC inspectors called it "unlawful."
The incident happened at a sewage treatment facility for big homes in McLemore Farms — a rural Williamson County neighborhood not connected to city sewer south of Franklin.
Earlier this year, inspectors found violations, including saturated, wet ground from the sewage treatment process on a field behind the neighborhood. Inspectors wrote the system "seems overloaded."
Similar problems in other areas
Cedar Hill Mayor John Edwards has become an expert on rural sewage systems.
The small Robertson County city has two schools that connect to a system like the one in Williamson County, which is also run by Adenus.
"There's definitely some concerns based on their history not only in our county but across the state," Edwards said.
Edwards was shocked when he saw a letter from inspectors with TDEC stating they were "denied entry to inspect treatment system components" at the McLemore Farms facility.
An employee at the facility told inspectors "the denial was for all (its) systems moving forward."
"I can't think of any industry or anything that is regulated by the state of Tennessee to where somebody can say, 'No, you're not inspecting this system.'"
Inspectors wrote "This denial of access of treatment facilities is unlawful."
Inspectors gave Tennessee Wastewater a "Notice of Violation" and said the company needs to "provide an explanation as to why you are denying Division inspectors access to treatment system components."
"There's such a defiance, that we're not allowing you to inspect it," Edwards said.
Violations across Middle Tennessee
This happened as TDEC issued the company 13 notices of violation for problems at other facilities around the state.
Pictures show a system in Wilson County for the Sunset Harbor neighborhood in which you see a Nerf gun.
Inspectors wrote it was "evidence of children playing" "near ponding sewage"
Attorney George Nolan with the Southern Environmental Law Center said TDEC inspectors need more authority to regulate these rural sewage systems.
Earlier this year TDEC inspected all 360 active rural systems across the state and found half were not in compliance.
"It's a tremendously alarming time," Nolan said.
"There will be many instances in which raw sewage is impacting neighborhoods," Nolan said.
Tennessee Wastewater sent a statement saying its systems are "recognized as among the most technologically advanced and environmentally safe in the state."
As for turning away inspectors in Williamson County?
"There was a misunderstanding as to what the operator was expected to do."
The company stated its operators are trained to give state inspectors "full access to all our sites."
"This is being addressed with TDEC so there is no misunderstanding going forward," the statement concluded.
TDEC declined an interview but said in a statement it has the right to inspect the facilities.
"TDEC hopes to amicably resolve the disagreement with Adenus as to the scope of TDEC’s right of entry in a timely manner," state officials said in a statement.
Edwards believes these rural wastewater facilities need more oversight, not less.
"These systems need to be better regulated. They need to be inspected more often," Edwards said.
Full statement from Tennessee Department of Environment and Conservation
TDEC has a statutory right to survey non-residential or commercial property at all reasonable times to inspect for violations of the Water Quality Control Act (TCA 69-3-107(6)). This requirement is incorporated into the permits held by Adenus. TDEC hopes to amicably resolve the disagreement with Adenus as to the scope of TDEC’s right of entry in a timely manner. As those conversations are ongoing, we respectfully decline an interview at this time.
Full statement from Tennessee Wastewater (parent company is Adenus)
Tennessee Wastewater Systems is the state’s largest operator of independent wastewater systems with over one hundred sites in Tennessee, and our systems are recognized as among the most technologically advanced and environmentally safe in the state.
TDEC has conducted hundreds of inspections at Tennessee Wastewater facilities without any issues. Our licensed, system operators are trained to cooperate with state inspectors and give the inspectors full access to all our sites as state law and the treatment facility operating permit requires. Our operators are instructed to observe and not interfere while the inspectors do their work. If an inspector wants to inspect a component, the inspector is free to do so.
In this case, there was a misunderstanding as to what the operator was expected to do. This is being addressed with TDEC so there is no misunderstanding going forward.
Booming growth across the state has many small communities fighting to maintain their quality of life.
Many don't have the infrastructure to deal with hundreds of new homes.
A newly released state report raises major environmental concerns about small, privately owned wastewater treatment facilities that serve rural subdivisions.
Many do not comply with state regulations.
Tap here to read how my investigation got started.
I first reported that half of the state's 360 rural sewage facilities failed to meet state standards and one-fourth have serious violations, including the ponding and runoff of sewage.
In this story, I found out the state does not have basic design standards for covering how these systems are built.
In 2019, the Tennessee Department of Environment and Conservation attempted to pass "minimum design standards," but the proposal was met with a "hostile" bill backed by "developers," according to environmental groups that said new rules are desperately needed.
