BILLS TO WEAKEN THE STATE SCENIC RIVERS ACT FOR THE HARPETH ARE WITHDRAWN

 

With the growth in the Bellevue area of Davidson County around the Harpeth River, the large McCrory Lane quarry property that sits along the river and borders Highway 70 near the Cheatham County line has been proposed to be used as a construction and demolition landfill with a possible residential development and recreational facilities once the landfill was filled. However, the Harpeth River in Davidson County is a state designated Scenic River, and under the Scenic Rivers Act landfills are prohibited within two miles on either side of the Harpeth in Davidson and Williamson County. Thus, in the 2006 state legislative session, investors proposed a bill to exempt this particular landfill proposal in the McCrory Lane quarry which lies about 500 feet from the scenic Harpeth from the landfill prohibition in the State Scenic Rivers Act.

On March 30, 2006 Representative Gary Moore, Senator Joe Haynes and Senator Douglas Henry co-hosted a public meeting at Bellevue Middle School to enable the investors to present the landfill proposal, for HRWA to present concerns with the proposal, and for the public to ask questions. The state legislators sponsoring the bills and Senator Henry were very concerned about the precedent of granting an exemption for a specific landfill that would encourage future similar exemptions for other landfills along scenic rivers. Over 300 local citizens attended to express their deep concern that this proposal would undermine the State Scenic Rivers Act. The McCrory Lane quarry landfill proposal along the scenic Harpeth generated extensive media attention with all the network television stations, Nashville Public Radio, and many newspapers covering the night of the public meeting.

HRWA opposed the bills because of our extreme concern that granting specific exemptions would have significant statewide ramifications by undermining the statute’s intent to protect our state scenic rivers from water pollution from landfills. The State Scenic Rivers Act prohibits landfills “to protect Class II (scenic) rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes.” The Act prohibits landfills within two miles on either side of these Class II scenic rivers and in the upstream adjacent county of the scenic river section. Tennessee Conservation Voters, Tennessee Scenic Rivers Association, Tennessee Clean Water Network, World Wildlife Fund, TN Trails Association and several others organizations opposed the bills and provided a strong voice for the Act and the state’s 13 scenic rivers as a backdrop to the widespread local concern for the scenic Harpeth in Bellevue.

The Tennessee Department of Environment and Conservation (TDEC) also opposed the amendment to the bill. Dana Coleman, TDEC’s communications director reinforced their position with a simple statement at the public meeting: “The Department of Environment and Conservation feels the proposed bill does not state an adequate rationale for changing the law.” Mayor Purcell also was not supportive of any change to the State Scenic Rivers Act to accommodate new landfills in Davidson County. This position was important since actions in Metro last year with regard to initiating the process to consider approving the landfill had given the impression that Metro was supportive of siting a landfill in the zone prohibited by the state statute. HRWA is currently working with the Metro Solid Waste Board and staff as part of the revision to the Metro Solid Waste Management Plan to incorporate the Scenic Rivers Act landfill prohibition zone along the Harpeth in Davidson County into the new plan to avoid any such confusion in the future.

In addition to the potential weakening of the State Scenic Rivers Act, water pollution from siting a construction debris landfill so close to the Harpeth and rivers in general is a serious concern. Many people at the public meeting focused on the water pollution risk to the Harpeth. Construction and Demolition (C & D) landfills tend to be considered less risky because they are supposed to handle fairly inert materials such as dry wall, bricks, masonry and wood products. However, there has been growing recognition nationwide that many materials from the construction and demolition site contain hazardous materials such adhesives, paint, cement, asphalt, oil, grease, lubricants, batteries, appliances, and other chemicals that are in carpet and treated wood. Though C & D landfills are not legally supposed to take hazardous or household waste, landfills have been subject to great abuse, such as illegal dumping that causes contamination of groundwater and presents health risks.   HRWA had major concerns with the possibility of groundwater contamination and then pollution to the river from using the McCrory Lane quarry as a construction debris landfill. The quarry has water in it and lies next to the Harpeth in limestone (karst) rock that is notorious for complex surface and groundwater connections. HRWA met with the investors and went on site several times with the engineers that began hydrological studies and explained that we do not support the use of areas located close to the Harpeth River for landfill operations because of the risk of water contamination. The risk of surface water contamination and health risks was raised by Bill Zimmerman, General Manager from the from Second South Cheatham Utility Distri,ct at the public meeting because the proposed landfill was 14 miles upstream and therefore within the 15-mile upstream critical zone for the intake of the drinking water plant that services 8000 people in Cheatham County.

As a result of the effort of many people in Bellevue and Cheatham county to contact their legislators and the press, distribute fliers, and garner over 100 signatures on petitions from adjacent residential areas in opposition to the bills, on April 10 both the House and the Senate versions of the bill were withdrawn. This particular landfill exemption proposal has helped remind state legislators that there is widespread support for our scenic rivers and the Scenic Rivers Act. The Tennessean editorial on April 19 expressed strong support for the Scenic Rivers Act and recognized Rep. Gary Moore’s leadership. HRWA would also like to recognize Senator Henry for his leadership as a champion of the original Scenic Rivers Act and in maintaining the Harpeth River’s scenic river designation in Davidson County.

A significant result of the public meeting was the public’s rally behind the Harpeth River. In addition to the Harpeth being a drinking water source, it is one of the most archeologically and historically significant rivers in Tennessee. It is also an extremely popular recreational river for residents of Williamson, Davidson, Cheatham and Dickson counties who canoe and fish along it through Davidson County and just downstream from the proposed landfill in the Narrows.

The landfill proposal was also right in the heart of the newly reorganized Harpeth River State Park which encompasses 50 miles of the mainstem connecting a number of properties, including the new Hidden Lake State Park that is right across the street from the McCrory lane quarry.

HRWA is now exploring other options for the inactive McCrory Lane quarry property since it is a large property along the last non- residentially developed bend on the Harpeth River from where Sneed Road crosses the river in Williamson County until the Harpeth flows into the Narrows in Cheatham County. With the Hidden Lake State Park (a former quarry) across the street from the quarry property, there is the potential for this entire bend in the Harpeth to be maintained for recreational, scenic, and natural values that would be available for the enjoyment of all Tennesseans.