NASHVILLE, Tenn. -- Conservation groups have filed a lawsuit in federal court claiming unlined coal ash ponds at TVA's Gallatin Fossil Plant are polluting the Cumberland River.
The lawsuit claims the state does not do enough to regulate TVA and cites an interview the head of the Tennessee Department of Environment and Conservation (TDEC) gave to NewsChannel 5 Investigates.
In February, conservation groups expressed concern that TDEC Commissioner Robert Martineau represented TVA while he was in private practice.
One of Martineau's primary cases for TVA involved allegations of air pollution from TVA coal plants.
Martineau said his past work for TVA has not influenced his decisions as head of TDEC, which regulates TVA.
NewsChannel 5 Investigates asked Martineau in the February interview, "Is there a conflict of interest here?"
Martineau responded, "I spent seven years working for the United States Environmental Protection Agency, so some in industry might say I am biased toward the EPA because I was a regulator."
Martineau insisted there was no conflict.
But the lawsuit from conservation groups specifically cited his response to our questions about whether TVA asked the state to sue - to essentially block a lawsuit planned by environmental groups earlier this year.
Our investigation confirmed that a TVA lawyer told a TDEC attorney they preferred to be sued by the state, instead of environmental groups, because they'd "rather be regulated by TDEC than by a federal judge."
NewsChannel 5 Investigates asked the commissioner, "Do you think it's odd TVA wanted you to sue them?"
Martineau responded, " I don't know that's the case."
NewsChannel 5 Investigates followed, "So that's not what you take from this statement?"
Martineau responded, "I think the statement says they'd rather be dealing with us than a federal judge."
Conservation groups claim the lawsuit filed by the state ignored many of the violations they cited.
When TDEC decided to sue, it moved the earlier lawsuit out of federal court and into state court where the fines are much lower.
NewsChannel 5 Investigates asked, "Why move it to a place where the fines are lower?"
Martineau responded, "The issue is not about fines. The issue is about taking corrective action."
TVA took us on a tour of the Gallatin ash ponds and said they are safe after millions of dollars in upgrades.
TVA plans to move all storage of coal ash to a nearby landfill they are currently constructing.
Contacted by NewsChannel 5, TVA said it had not yet reviewed the new lawsuit but released the following statement:
TVA has not reviewed SELC’s complaint yet.
SELC is already a party in the lawsuit filed by the Tennessee Department of Environment and Conservation in state court. TVA consented to that because we thought the best approach to addressing any issues at Gallatin would be for TVA, TDEC and SELC to do it together. It appears SELC has decided to proceed in federal court despite being allowed to participate in TDEC’s action.
In accordance with our permit, TVA inspects its dikes at Gallatin for seepage and other issues and reports those results to the state.
Numerous TVA studies, including one requested by and submitted to TDEC in November 2014, found no harm to the environment resulting from TVA’s operations at Gallatin.
These studies concluded that any groundwater impacts are limited to within Gallatin plant site boundaries and not affecting drinking water in any way.
In 2009, TVA committed to convert all of its wet coal ash management facilities to dry at a potential cost of $1.5 billion to $2 billion and TVA has been actively working to meet that commitment. At Gallatin in particular, TVA has received a permit and is constructing a new dry landfill and is in the process of dewatering the active wet pond ash management system.
TVA is committed to providing safe, clean, reliable and affordable power. We are working toward a more diverse portfolio of generating assets and reducing the environmental impacts of those generation sources.
Related story:
State Sues TVA - At TVA's Request
