FLORENCE – Nonprofit organization, Tennessee Riverkeeper of Decatur has announced its intention to file a federal lawsuit to abate pollution from the old Florence Landfill site. The notice of intent to sue, mailed by Riverkeeper to Hensley-Graves Holdings, LLC, (Hensley) is a statutory requirement 60 days prior to the filing of a lawsuit under both the federal Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA).
“Although the old Florence Landfill off West Irvine Avenue has been closed since 1987, it continues
to discharge pollutants from buried waste into Cypress Creek and the Tennessee River. This
discharge is occurring through a permanent spring located at the base of the landfill that is readily
visible to anyone traveling along the creek,” said David Whiteside, Executive Director of Tennessee
Riverkeeper.
Whiteside added, “The legal action on behalf of the nonprofit organization Tennessee Riverkeeper,
will address this failure to comply with federal law and to protect the quality of water in Cypress
Creek and the Tennessee River.”
Hensley-Graves Holdings, LLC, purchased the property in December 2008. Tennessee
Riverkeeper’s Notice of Intent to Sue alleges that Hensley is violating the CWA by discharging
pollutants, consisting of contaminated leachate, from the old Florence Landfill. The Notice also
charges Hensley with violating RCRA because the discharges of contaminated leachate make the
landfill constitute an “open dump,” as defined by that statute. Open dumping is prohibited by
RCRA.
Since 1987, numerous samples of water from this spring have been tested by laboratories that use
Environmental Protection Agency (EPA) approved methods. The test results have consistently shown contaminants that are associated with garbage and industrial waste.
This information was sent to The Quad-Cities Daily by attorney Mike Martin of Oneonta, Alabama. We have reprinted portions of the press release. The Quad-Cities Daily is attempting to make contact Hensley-Graves Holdings, Inc for their side of the story.
