Polk County commissioners have agreed that no one, including the Tennessee Department of Environment and Conservation (TDEC) or State Representative Dan Howell, is going to help them, so they are taking the battle against biosolids to court.
Commissioners voted unanimously Tuesday, July 25, to instruct County Attorney Eric Brooks to file a Petition for Injunctive Relief that would put a halt to the biosolids industry in Polk County. The halt would be in place until environmental, public health and economic questions are answered.
The petition was presented by District 3 Commissioner Samantha Trantham who told fellow commissioners, “We have to do something...no one is going to help us,” as she cited some of those who have failed to join the biosolids fight.
The petition cites the laws and regulations governing the impact of environmental factors on the quality of life, public health, clean air, clean water, and the preservation of the community as grounds for the injunction. It asks for an environmental impact study on air, water, soil and public health. “We ask this in an effort to protect the environment and mitigate any adverse effects on human health and well being,” the petition says.
The petition also asks for minority protection status as per the Environmental Protection Agency EJ Screening map under poverty and elderly. It cites the fact the area is in the 78th percentile under the poverty category and the 80th in the elderly category.
Concerns are spelled out in the petition as related to environmental laws.
Under the Clean Water Act, current and past mining along with the fractured nature of granite rock generates concerns of potential contamination and/or current contamination of the aquifer. As evidence, a resident’s video taken May 21, 2023, shows runoff water from Copperhill Industries going into an irrigation ditch, into a culvert running under Highway 68, and directly into the Ocoee River with no filtration system.
Under the Resource Conservation and Recovery Act, the petition says this law governs management of hazardous and non-hazardous solid waste. Cited here is the transportation of the biosolids to Copperhill Industries. Atomic Transport trucks are accused of exceeding bridge weight limits, and allowing biosolid materials to leak from the trucks onto the roadway. There are videos of the improperly sealed trucks with tarps spilling Class B biosolids onto roadways.
Outlined are the many “well documented testimonies of intrusive and harmful” smells omitted by the biosolids in regard to Air Nuisance. The petition warns subpar air quality standards will interfere with learning, the quality of life, and the quality of air at the Copper Basin schools.
Commissioners agreed with Trantham’s position that the petition is aimed to, “halt production of all of it,” referring to all biosolids activities. The injunction is to include Copperhill Industries, Denali Water Solutions, Atomic Transport, and Intertrade Holdings.
Commissioner Greg Brooks agreed “we’ve done everything we could do” to stop biosolids from coming into and being spread in Polk County.
Commissioners Trantham, Brooks, Keith Barker, Mush Davis, John Pippenger, Kelley Morgan, Christie Hardin, Debby Davis, and Danny Carver all approved the move to file the injunction. Commissioner Shane Bowman was not present at the meeting.