Two weeks after Chattanooga’s new state-issued stormwater permit took effect requiring the city to hold back the first inch of stormwater from the combined sewer system, the state has issued an order fining the city for violations dating back to 2008 – under the old permit.
But the fine, which is lower than expected, may not be the last Chattanooga hears from state and federal regulators about past stormwater, combined sewer and sewage treatment plant problems.
The fine on this week’s order could range upward from $384,500 if the city fails to comply with specific requirements and deadlines.
But it also could be forgiven by the state if the money instead is spent on local projects to improve Chattanooga water quality, said Bill Payne, city engineer.
City and state officials have said they feared the city could face fines as high as $50 million from the combined oversights of the state, the U.S. Environmental Protection Agency and the U.S. Department of Justice.
“In all of the other recent EPA orders, in Kentucky, Ohio, and Nashville, (enforcement orders of stormwater, combined sewers and sewage treatment plants) it had been combined as a single item,” Payne said. “In this case, the state has elected to keep them separate, and I think that bodes well for Chattanooga.”
Tisha Calabrese-Benton, spokeswoman for the Tennessee Department of Environment and Conservation, said the state “is supporting Chattanooga’s implementation of its new [stormwater] permit” issued at the end of 2010.
“The order that was issued this week brings closure to previous issues in the stormwater program and reflects the confidence the department has in the city,” she said.
For complete details, see tomorrow’s Chattanooga Times Free Press.