Tennessee Riverkeeper
Tennessee Riverkeeper has announced its intention to file a federal lawsuit to abate pollution from the old Florence Landfill site in Florence, Alabama. The notice of intent to sue, mailed by Tennessee Riverkeeper to Hensley-Graves Holdings, LLC, is a statutory requirement 60 days prior to the filing of a lawsuit under both the federal Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA).
“Although the old Florence Landfill off West Irvine Avenue has been closed since 1987, it continues to discharge pollutants from buried waste into Cypress Creek and the Tennessee River. This discharge is occurring through a permanent spring located at the base of the landfill that is readily visible to anyone traveling along the creek,” said David Whiteside, executive director of Tennessee Riverkeeper. “The legal action on behalf of the nonprofit organization Tennessee Riverkeeper, will address this failure to comply with federal law and to protect the quality of water in Cypress Creek and the Tennessee River.”
Hensley-Graves Holdings, LLC, purchased the property in December 2008. Tennessee Riverkeeper’s Notice of Intent to Sue alleges that Hensley is violating the CWA by discharging pollutants, consisting of contaminated leachate, from the old Florence Landfill. The notice also charges Hensley with violating RCRA because the discharges of contaminated leachate make the landfill constitute an “open dump,” as defined by that statute. Open dumping is prohibited by RCRA.
Since 1987, numerous samples of water from this spring have been tested by laboratories that use Environmental Protection Agency (EPA) approved methods. The test results have consistently shown contaminants that are associated with garbage and industrial waste.
“By taking this legal action, Tennessee Riverkeeper has provided an opportunity for all interested parties to understand more fully how the Clean Water Act applies to protecting Cypress Creek and the Tennessee River from landfill leachate that is being discharged through a nearby spring,” said David Cope, a concerned citizen from Florence, Alabama.
To legally discharge any pollutants into Cypress Creek would require that the landowner first obtain a National Pollutant Discharge Elimination System (NPDES) permit under the CWA that should require regular testing of this discharge by the party responsible for it. This permit should also specify the pollutants that must be monitored and the highest permissible levels of these pollutants. No such NPDES permit is in effect.
"I first started paddling Cypress Creek in 1976 and it's just a terrific asset to the Shoals area," said Charles Rose, president of the Shoals Environmental Alliance. "It's deeply troubling to me that this beautiful stream has been under assault by pollution from the old Florence landfill off of West Irvine Avenue for at least three decades and no one at city hall or the Alabama Department of Environmental Management seems to care. That's why I'm so deeply appreciative of the efforts by Tennessee Riverkeeper to get this mess cleaned up, so future generations will also be able to enjoy the creek, just as I have."
Tennessee Riverkeeper is represented by Mark E. Martin of Tennessee Riverkeeper, as well as Gary A. Davis and James S. Whitlock, of the law firm Davis & Whitlock, P.C.
Visit EcoWatch’s WATER and CLEAN WATER ACT pages for more related news on this topic.
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Here are three new films to watch this Earth Week that will transport you from pole to pole and introduce you to the scientists and activists working to save our shared home.
1. The Year Earth Changed
Where to Watch: Apple TV+
When to Watch: From April 16
The coronavirus pandemic has brought home the stakes of humanity's impact on the environment. But the lockdowns also proved how quickly nature can recover when humans give it the space. Birds sang in empty cities, whales surfaced in Glacier Bay and capybara roamed the South American suburbs.
The Year Earth Changed captures this unique year with footage from more than 30 lockdowned cities between May 2020 to January 2021. Narrated by renowned wildlife broadcaster David Attenborough, the film explores what positive lessons we can take from the experience of a quieter, less trafficked world.
"What the film shows is that the natural world can bounce back remarkably quickly when we take a step back and reduce our impact as we did during lockdown," executive producer Alice Keens-Soper of BBC Studios Natural History Unit told EcoWatch. "If we are willing to make even small changes to our habits, the natural world can flourish. We need to learn how to co-exist with nature and understand that we are not separate from it- for example if we closed some of our beaches at for a few weeks during the turtle breeding we see that it can make a huge difference to their success. There are many ways that we can adapt our behavior to allow the natural world to thrive as it did in lockdown."
2. After Antarctica
Where to Watch: San Francisco International Film Festival
When to Watch: 12 a.m. PST April 9 to 11:59 p.m. April 18
In 1989, Will Steger led an international team of six scientists and explorers to be the first humans to cross Antarctica by dogsled. Steger and his team weren't just in it for the adventure. They also wanted to draw attention to the ways in which the climate crisis was already transforming the icy continent and to rally support for the renewal of the Antarctic Treaty, which would keep the continent safe from extractive industries.
In After Antarctica, award-winning filmmaker Tasha Van Zandt follows Steger 30 years later as he travels the Arctic this time, reflecting on his original journey and once again bringing awareness to changes in a polar landscape. The film intersperses this contemporary journey with footage from the original expedition, some of which has never been seen before.
"Will's life journey as an explorer and climate activist has led him not only to see more of the polar world than anyone else alive today, but to being an eyewitness to the changes occurring across both poles," Van Zandt told EcoWatch. "But now, these changes are happening in all of our own backyards and we have all become eyewitnesses. Through my journey with Will, I have learned that although we cannot always control change, we can change our response. I feel strongly that this is a message that resonates when we look at the current state of the world, as we each have power and control over how we choose to respond to hardships, and we all have the power to unite with others through collective action around a common goal."
After Antarctica is available to stream once you purchase a ticket to the San Francisco International Film Festival. If you miss it this weekend, it will screen again at the Minneapolis St. Paul International Film Festival from May 13 to May 23.
Tasha Van Zandt
3. The Race to Save the World
Where to Watch: Virtual Cinema
When to Watch: From Earth Day, April 22
While many films about the climate crisis seek to raise awareness about the extent of the problem, The Race to Save the World focuses on the people who are trying to stop it. The film tells the story of climate activists ranging from 15-year-old Aji to 72-year-old Miriam who are working to create a sustainable future. It follows them from the streets to the courtroom to their homes, and explores the impact of their advocacy on their personal lives and relationships.
Emmy award-winning documentary filmmaker Joe Gantz told EcoWatch that he wanted to make a film about climate change, but did not want to depress viewers with overwhelming statistics. Instead, he chose to inspire them by sharing the stories of people trying to make a difference.
"Unless millions of people take to the streets and make their voices heard for a livable future, the politicians are not going to get on board to help make the changes needed for a sustainable future," Gantz told Ecowatch. "I think that The Race To Save The World will energize and inspire people to take action so that future generations, as well as the plants, animals and ecosystems, can survive and thrive on this planet."
Check back with EcoWatch on the morning of Earth Day for a special preview of this inspiring film!