Egyptian Lacquer Continues Violating Laws and Polluting Harpeth
Egyptian Lacquer Comment Period Extended
Until September 19, 2008 4:30 PM CST.
Please submit your comments to the Tennessee Department of Environment and Conservation about the proposed revised Corrective Action Plan that Egyptian Lacquer has submitted. The first plan was rejected by TDEC last November.
HRWA finds this second Plan is also deficient because it:
1. Still allows hazardous and carcinogenic chemicals to flow indefinitely into Liberty Creek and the Harpeth daily at levels hundreds of times greater than the EPA's Maximum Contaminant Levels and the proposed plan does not address the ongoing direct contamination of the Harpeth.
2. Does not propose to treat and remove the contamination in the groundwater under public and private property off of the ELMCO property.
3. Still has not defined where the contamination occurs off the ELMCO property, which was required by TDEC to do before it created a clean up plan.
Please send your comments to:
TDEC Solid Waste Department by September 19 re: ELMCO CAP, 5th Floor, L & C Tower, 401 Church St., Nashville, TN 37243-1535 or email Ashley.A.Holt@state.tn.us.
Read the Action Alert.
Read HRWA's official comment letter.
Read Globally Green Consulting's official comment letter.
On June 23rd Egyptian Lacquer (ELMCO) submitted another inadequate plan for a clean up of their hazardous contamination of the Harpeth and Liberty Creek to the Tennessee Dept. of Environment and Conservation (TDEC). The revised Corrective Action Plan (CAP) once again fails in several key issues:
- to define where the pollution lies underground
- to provide an adequate action plan for stopping the ongoing flow of toxic chemicals into waters of the state
- to produce an active clean up plan for all of the contaminated soil and ground water they have created.
The spill contains several contaminants including toluene, acetone and benzene, a known carcinogen. The pollution continues and Egyptian Lacquer continues doing business daily with no fines or other penalties over a year after the state issued a consent order for ELMCO to create a clean up plan. An active clean up would remove chemical contamination as required by EPA guidelines.
The first proposed CAP, submitted to TDEC on August 28, 2007 was found to be deficient because it did not meet many of the Consent Order requirements, including defining the extent of the contamination. The new revised CAP was to be turned into TDEC on April 24, but an extension increased the deadline until June 23, 2008.
This continued foot-dragging on the part of the polluter has allowed hazardous chemicals to continue their daily flow into Liberty Creek and the Harpeth River. These releases are in violation of the Tennessee Water Quality Control Act and the Federal Clean Water Act, as well as federal laws governing the handling of hazardous materials such as RCRA and similar state laws.
The pollution has been affecting water quality, particularly in the low flow summer months. Sections of Liberty Creek are actually dead, according to the state, covered in putrid decomposing bacteria and algae with no surviving fish or wildlife. Liberty Creek is located directly behind Battle Ground Academy Lower School in downtown Franklin. Adequate studies have not been undertaken to make a determination that chronic effects are not an issue for humans or wildlife. One acute study on fathead minnows and water fleas was performed in early winter of 2007 and 20% of the insects died.
Not only have these continued violations of state and federal laws been allowed to continue, but a group of residents that live close to the hazardous chemical releases and are most affected by them have had no other alternative but to take legal action to stop the contamination that is affecting their quality of life and property values. Visit the Families for Environmental Justice website.
We are encouraging anyone who can help these community neighbors in their efforts to legally require the company to follow federal and state laws. If you are interested in supporting the neighbors of Daniels Drive who live the closest to ELMCO to help with the technical support of their case against ELMCO please send your check to HRWA today for the SAVE LIBERTY CREEK FUND. Stay tuned for more information on this issue on the HRWA website.
