NEWS

Franklin, Harpeth River group quarrel over wastewater

Kevin Walters
kewalters@tennessean.com

FRANKLIN – A new federal lawsuit alleging years of illegal pollution of the Harpeth River at the city of Franklin’s wastewater plant has opened a new, stormy chapter between the city and the Harpeth River Watershed Association.

Citing city records, the Brentwood-based Harpeth River group first alleged in January that Franklin had a history of violating federal clean water laws and stated it would sue Franklin if the city did not address the group’s concerns about the alleged violations. But Franklin officials defended the city’s performance, blasting the association’s claims as overstated and saying the city’s wastewater plant was in compliance.

Now, months later, HRWA attorneys are pushing forward with the group’s lawsuit against Franklin, renewing the association’s claims and bringing forward new allegations against the city in court filings. The lawsuit was filed late Monday in U.S. District Court for the Middle District of Tennessee Nashville Division.

“The Harpeth is one of the unique freshwater river systems in the Southeast, but unfortunately we have reached a critical point where this sewage discharge threatens the health of the river, especially during the summer months, when the river is naturally a low-flowing river and already experiencing poor water quality caused by upstream sources,” said Dorie Bolze, HRWA executive director, in a statement.

Related:Franklin mayor aims to replace director of watershed group on city board

Related:HRWA, Franklin relations hit rough water after lawsuit threat

At the center of the controversy is the Harpeth River and the city’s wastewater treatment plant. Located off Claude Yates Drive near Franklin High School, the plant can treat 12 million gallons a day of wastewater under its permit and discharge the treated wastewater, called effluent, into the river. Since 1998, the river has been listed on the state’s 303(d) list of waterways that don’t meet water quality standards.

Harpeth River officials allege that Franklin officials are contributing to the river’s impaired condition and are violating federal clean water laws with “a long-standing and continuing history of unauthorized discharges” and sewer overflows from its wastewater plant, according to the lawsuit.

While Franklin attorneys have not filed a legal response, Franklin officials defended themselves by calling the HRWA’s claims “exaggerations and misunderstanding of the regulatory requirements” in a statement.

Franklin officials have not received a notice of violation from regulators at the state Department of Environment and Conservation and said the city’s performance is “75 percent–90 percent” better than benchmarks reported by the U.S. Environmental Protection Agency.

“We’ve very disappointed that they’ve taken this track and feel that we’ve done a lot of proactive work to plan for the future and be good stewards of the river,” said City Administrator Eric Stuckey in an interview. “We’ve worked to try to be a partner, and this obviously cuts against that approach. We’re going to continue to do what we think is the right thing for the river and the community. We have a good plan.”

Reach Kevin Walters at 615-771-5472 and on Twitter @thekevinwalters.