Groups plan lawsuit over failing Middle Tennessee sewage system

The system, located in Wilson County, is sending polluted wastewater into homeowners’ yards and nearby waterways, including Old Hickory Lake

NASHVILLE, Tenn. —The Southern Environmental Law Center, on behalf of the Tennessee Scenic Rivers Association and the Sierra Club, has sent a notice of intent to sue to the Water and Wastewater Authority of Wilson County (WWAWC) and Adenus Operations, a wastewater treatment company, explaining that a sewage system owned by WWAWC and run by Adenus is illegally releasing polluted wastewater into a tributary of Old Hickory Lake.

The notice letter centers around a type of decentralized wastewater management system called ‘drip dispersal,’ which is used for developments like subdivisions or schools that are not hooked up to traditional municipal sewage systems. When designed and operated correctly, waste is pre-treated and then dripped out into a land application area where remaining pollutants can be filtered into the soil rather than discharged into waterways.

However, a Middle Tennessee system owned by WWAWC and operated by Adenus has several serious flaws, including being undersized and overloaded. That failing system is allowing polluted wastewater from the Ridgewater Estates subdivision to flow into homeowners’ yards and a nearby stream that empties into Old Hickory Lake. Pumping wastewater into waterways violates the system’s permit and is a clear violation of the federal Clean Water Act.

Link: Photos of polluted wastewater at the Ridgewater Drip Dispersal System Site

“Letting polluted wastewater flow into our creeks and lakes isn’t just disgusting, it’s a public health hazard,” SELC staff attorney Stephanie Biggs said. “People should be able to enjoy swimming and fishing in Old Hickory Lake without worrying about sewage pollution, and the Water and Wastewater Authority of Wilson County should expect and demand that Adenus keep polluted wastewater out of our lakes, streams, and yards.”

“Tennessee’s incredible lakes and rivers are part of what makes this state so special. They are used by millions of people every year, provide us with clean drinking water, and support local businesses and economies across the state,” Buddy Koonce, Tennessee Scenic Rivers Association board member, said. “But all of that is at risk when owners and operators like the WWAWC and Adenus allow polluted wastewater to contaminate our waterways. Polluters must be held accountable when they break the law.”

Adenus and WWAWC have a track record of mismanaging drip dispersal sewage systems. Recently, the Tennessee Department of Environment and Conservation issued an enforcement action against WWAWC for a failing sewage system less than ten miles away. Problems with a different sewage system that is being built for a new elementary school and is also run by Adenus have created significant concerns about how the school will handle its waste. 

Similar sewage systems are failing across Tennessee. According to a recent study from TDEC, approximately half of the state’s drip dispersal systems were violating their permits and 26 percent were in severe non-compliance. The study also found that Wilson County is a hotspot for faulty sewage systems. 

“Drip dispersal systems have become an increasingly popular waste management method for developers who are building out our traditionally rural landscapes. However, last year’s study by the Tennessee Department of Environment and Conservation clearly showed that these types of decentralized sewage treatment systems are failing at a systemic level and are exposing the public and the environment to pollution. This action sends a message that Tennesseans will not tolerate parties that ignore their permits, harm our communities, and treat our state’s rivers and streams as their dumping grounds,” Axel Ringe, chair of the Tennessee Chapter of the Sierra Club’s Water Quality Committee, said.

The 60-day notice of intent to sue is a prerequisite to filing a lawsuit under the Clean Water Act. Under the Clean Water Act, Adenus and WWAWC could be fined up to $68,445 per day for each violation.