STATE OF TENNESSEE

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

COOKEVILLE ENVIRONMENTAL FIELD OFFICE
1221 South Willow Avenue
Cookeville, Tennessee 38506
Phone 931-520-6688 Statewide 1-888-891-8332 Fax 931-432-6952

February 10, 2023

CERTIFIED MAIL
Honorable Mr. Tim Kelly
Return Receipt Requested
Mayor, City of Chattanooga Receipt # 9489 0090 0027 6486 7741 89
E.mail: mayor@chattanooga.gov
101 E. 11th Street
Chattanooga, TN 37402

RE: Notice of Violation, City of Chattanooga Class B Bio-Solids Program, TNB024210

Warren County and Van Buren County Farms, Biosolids Application Sites

Dear Mayor Kelly:

On January 25, 2023, after numerous complaints (predominantly odor), the Division of Water
Resources personnel, Mr. Oakley Hall, Mr. Jeff Patton along with Bureau of Environment
personnel, Mr. Robert Becker reviewed four (4) active application sites.

The four farms reviewed were:

• Wallace – Coomer, designated TN-WA-100, (Warren County)

• Montie Grissom, desinated TN-WA-105, (Warren County)
• Fred Rigsby, designated TN-WA-102, (Warren County)
• Fred Rigsby, designated TN-VB-100, (Van Buren County)

Farm operators, Chattanooga personnel, Ms. Karen Styers, and David Taylor, and Synagro
(Chattanooga’s Bio-Solids contractor) personnel, Mr. Ryan Rospond, and Brian Stewart were met
on site. The four (4) farm’s staging/stockpile areas along with application activities were reviewed
and photogaphed. The inspection resulted in the following observations These observations are
justification for the Notice of Violation.

GENERAL STATE OPERATION PERMIT FOR THE LAND APPLICATION OF NON-

EXCEPTIONAL QUALITY BIOSOLIDS
Mayor Tim Kelly
City of Chattanooga
P a g e |2

Long term stockpiling of the bulk Bio-Solids: On one farm stockpile/storage exceeded 60 days.

Page 13 of 25; 3.3. (Storage of non-EQ Biosolids Prior to Land Application)

“Long term field storage of biosolids prior to land application is not advisable. If non-EQ biosolids
are field stored, they shall be staged in a manner to prevent runoff or leachate from the designated
storage area.”

Inadequate equipment and personnel to spread the Bio-Solids in a timely fashion: Only one
tractor and spreader was available for the Chattanooga application sites.

Page 16 of 25: Section 5.4 of the Bio-Solids General Permit (Proper operation and Maintenance)

“The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related equipment), including but not limited to all treatment,
transportation, and application equipment which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.”

Bio-Solids were stockpiled in locations long enough to leach into soil (exceeding the
agronomic loading rate) and runoff to adjacent surface waters. A wetland on the Warren
County “Fred Rigsby” farm was noted to be in proximity to the Bio-Solids Stockpile.

Page 10 of 25: Section 3.2.2. (Agronomic Rate for Nitrogen)

“Application of biosolids shall be conducted in a manner that does not exceed the agronomic rate
for available nitrogen of the crops grown on the site unless prior written approval is given by the
Division.”

Page 12 of 25: 3.2.4. (Restrictive Site Conditions)

“Biosolids shall not be applied to any site area with standing surface water or if the annual high
groundwater level is known or suspected to reach the surface of the land application site as
determined by the department.”

“Biosolids should not be land applied in any manner so that the bulk biosolids enter a wetland or
other waters of the State of Tennessee.”
Mayor Tim Kelly
City of Chattanooga
P a g e |3

Bio-Solids were spread and stored in proximity to sinkholes. The terrain on the subject farms
is of a Karst nature. Material from the storage and spreading activity could migrate to sinkholes.

Page 10 of 25: 3.2.1. (Water-Quality Setbacks)

The land application of non-EQ biosolids shall be conducted in a manner that will not cause a
violation of any receiving water quality standard from discharges of surface runoff from the land
application sites. Non-EQ biosolids shall not be land applied unless all of the following setbacks
are met:

a) 100 feet or more from surface waters of the state which are down gradient of the application
site;
b) 33 feet or more from surface waters of the state which are up gradient for the application site;
c) 100 feet from all drinking water wells;
d) 100 feet from all water supply reservoirs; and
e) 100 feet from active sinkholes.

Rules: Section 0400-40-15-.02 - LAND APPLICATION [40 CFR 503 SUBPART B]

Biosolids Management (4) Management practices [ 40 CFR 503.14 ]

“(d) Bulk biosolids shall be applied to agricultural land, forest, a public contact site, or a
reclamation site at a whole biosolids application rate that is equal to or less than the agronomic
rate for the bulk biosolids, unless, in the case of a reclamation site, otherwise specified by EPA
Region 4 and the Director. In order for a rate greater than the agronomic rate to be used, EPA
Region 4 must approve the rate and that rate or a lesser rate shall be approved by the State
Biosolids Coordinator for all land applied biosolids in the State of Tennessee. For the purposes of
determining the agronomic rate, the person applying biosolids shall comply with all five of the
following parts.”

Conclusion:

Application of the Chattanooga Bio-Solids is performed by Synagro, the City of Chattanooga’s

contractor. The application was found to be impeded by inadequate personnel and spreading
equipment. Bulk storage piles on the farms ranged in age from two weeks to over 60 days. The
movement of the aged solids resulted in numerous odor complaints from area residents.
Synagro’s management practices and city oversight of this Bio-Solids contractor are in need of
improvement. The City of Chattanooga should consider implementing a Class A Bio-Solids
Program.

To reduce the reoccurrence of this violation, please provide a written corrective action plan that
will address and improve the biosolids application issue(s). In addition, please provide the logs for
the amount of lime used in each batch production of the Class B Bio-Solids for the 2022 and 2023
calendar year. All documentation shall be submitted to the Division of Water Resources,
Chattanooga’s, and Cookeville’s Environmental Field Offices no later than 30 days of receipt of
this Notice of Violation.

This matter has been referred to the Division’s Compliance and Enforcement Unit in the advent
that additional enforcement actions are deemed necessary.
Mayor Tim Kelly
City of Chattanooga
P a g e |4

Required Action:
Attend a Compliance Review Meeting at the Chattanooga Environmental Field Office on
March 2, 2023; located at 1301 Riverfront Pkwy #206, Chattanooga, TN 37402 at 10:00 AM
Eastern Time. You are welcome to bring any representative that you feel necessary to discuss the
compliance of the City of Chattanooga’s Bio-Solids Program.
The Division of Water Resources would like to thank you for your time and courtesy during this
recent site review.
If you have any questions, you may contact Mr. Oakley Hall in Cookeville by way of telephone at (931)
250-3582 or toll free at 1-(888)-891-8332. You may also use electronic mail at: oakley.hall@tn.gov

Sincerely,

Mr. Brad Ulmer

Environmental Field Office Manager
Division of Water Resources
Cookeville Environmental Field Office

Enclosure: January 25, 2023, Site Photo Document

cc: EFO-Chattanooga, Warren, and Van Buren County DWR TN002410 Electronic File
Ms. Anastasia Sharp, State of Tennessee Biosolids Coordinator
Mr. John Newberry, State of Tennessee Environmental Manager
Ms. Jennifer Innes, Chattanooga Field Office, Water Resources Manager
Ms. Jessica Murphy, Nashville Central Office, Enforcement and Compliance Manager
Mr. David Taylor, Solids Operation Supervisor - City of Chattanooga,
dtaylor2@chattanooga.gov
Ms. Karen Styers, Biosolids Coordinator - City of Chattanooga, kstyers@chattanooga.gov
 STATE OF TENNESSEE
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
COOKEVILLE ENVIRONMENTAL FIELD OFFICE
1221 South Willow Avenue
Cookeville, Tennessee 38506
Phone 931-520-6688 Statewide 1-888-891-8332 Fax 931-432-6952

City of Chattanooga, NPDES Permit Number: TN0024210, Warren and Van Buren Counties, “Class B” Bio-Solids,
TNB024210

The entrance to the Wallace-Coomer farm is pictured. Bio-Solids application on the site was recently completed by
Synagro. It was noted in the site interview that solids had been staged on the farm for over 60 days. When solids are left
in place for extended periods the agricultural application rate or agrinomic loading rate will be exceeded in that spot or
location. The entrance road was in need of gravel. Soils were observed to be tracked from the entrance drive to the
county road surface. The geology in the area of this farm was noted to contain Karst features.
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |2

The spreading of the Bio-Solids material on the Wallace-Coomer farm was noted to have large uneven clumps. Cattle
were in nearby fields but were not in the fields where spreading had recently taken place. It was noted that the farm had
several sinkholes. It was noted that Bio-Solids were being applied at the lip of the farm’s sinks. It was asked that the
application boundary flags be moved back 100 feet from the break or lip of the sinkholes where open throats were likely
present. Observation, large Bio-Solids clumps were noted to be dark in color. The inspector is questioning the amount of
the lime in the material. The City of Chattanooga recently modified their Bio-Solids process from previous years. It is
requested that the city provide a log regarding the amount of lime used in the Class B Bio-Solids batches.
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |3

The second farm visited was the Montie Grissom farm. Solids were staged in an area in proximity and upgradient of a
wetland. This placement is in violation of the State of Tennessee’s Water Quality Control Act. Material can easily flow
or migrate to the downgradient wetland. This was discussed on site. The start of this staged Bio-Solids pile was on
January 11, 2023. It had been in this location for 14 days. Note, this is likely going to exceed the agronomic loading rate
for this location or spot. Page 13 of 25, Section 3.3 of the Bio-Solids application permit states: “Long term field storage
of biosolids prior to land application is not advisable. If non-EQ bio-solids are field stored, they shall be staged in a
manner to prevent runoff or leachate from the designated storage area.”
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |4

The Montie Grissom farm. Solids were staged in an area in proximity and upgradient of a wetland. This concentrated
placement is in violation of the State of Tennessee’s Water Quality Control Act. Material can easily migrate to the
downgradient wetland observed in the sites surface hydrology.

This is also in violation of the Non-Exceptional Quality Bio-Solids General Permit, Section 3.2.4, page 12 of 25. 3.2.4.
(Restrictive Site Conditions) Biosolids should not be land applied in any manner so that the bulk biosolids enter a wetland
or other waters of the State of Tennessee.
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |5

Active spreading of Chattanooga’s Bio-Solids was occurring at this farm location, the Fred Rigsby farm in Warren
County. Bio-Solids have been staged at this location since December 5, 2022. The hard scale build-up over the piles was
noted. When the hard cover is broken by spreading equipment, it releases odor. The odor can be a nuisance to local
residents. To reiterate, the agronomic loading rate for this spot is being exceeded. Sink holes were present and discussed
at this farm location. It was noted that spreading equipment required to move the material over the farm(s) for even land
application was minimal with only one tractor and spreader device. It is moved from farm to farm. So, when rain occurs
or material cannot be spread, it backs up, while ten (10) to twenty (20) tandem truck loads per day continue to arrive at the
permitted farms. It was noted just prior to the inspection that a spreader truck with floatation tires was moved to this site.
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |6

The only tractor and spreader available for the farm(s) utilizing Chattanooga’s Bio-Solids. Ten (10) to (20) twenty loads
can arrive at area farms per day. More equipment is needed to greatly reduce staging or stockpiling times.

Section 5.4 of the Bio-Solids General Permit (Proper operation and Maintenance) states in part on page 16 of 25:

“The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related equipment), including but not limited to all treatment, transportation, and application equipment which are
installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of the permit.”
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |7

This spreader truck was just recently brought to the project. Adequate equipment and equipment operators need to be
maintained. Even with this addition, the equipment may be inadequate to sufficiently spread Chattanooga’s Bio-Solids.
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |8

The Fred Rigsby farm in Warren County, note the standing water below the staged piles of Bio-Solids. Staging this
material in the most convenient spot is not advisable. The material is able to leach into standing water.

GENERAL STATE OPERATION PERMIT FOR THE LAND APPLICATION OF NON-EXCEPTIONAL QUALITY BIOSOLIDS,
Page 12 of 25: 3.2.4. (Restrictive Site Conditions) Biosolids shall not be applied to any site area with standing surface
water or if the annual high groundwater level is known or suspected to reach the surface of the land application site as
determined by the department.
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e |9

The Fred Rigsby farm in Van Buren County is pictured. Two staging areas were noted. The staging at these locations
started on December 28, 2022. The Bio-Solids piles were dark in color.

GENERAL STATE OPERATION PERMIT FOR THE LAND APPLICATION OF NON-EXCEPTIONAL QUALITY BIOSOLIDS,
Page 13 of 25: 3.3. (Storage of non-EQ Biosolids Prior to Land Application) Long term field storage of biosolids prior to
land application is not advisable. If non-EQ biosolids are field stored, they shall be staged in a manner to prevent runoff or
leachate from the designated storage area.
Mayor Tim Kelly
City of Chattanooga, TNB024210
Warren and Van Buren Counties
Class B, Bio-Solids Application Sites
January 31, 2023
P a g e | 10

The second of two staging areas on the Fred Rigsby farm in Van Buren County is within the drainage of a sinkhole. This
material is in a position to drain downgradient to this constricted/concentrated location. Karst geology is present in this
project area, which includes the previously discussed farms in Warren County.

Page 10 of 25: 3.2.1. (Water-Quality Setbacks) The land application of Non-EQ biosolids shall be conducted in a manner
that will not cause a violation of any receiving water quality standard from discharges of surface runoff from the land
application sites. Non-EQ biosolids shall not be land applied unless all of the following setbacks are met:

a) 100 feet or more from surface waters of the state which are down gradient of the application site;
b) 33 feet or more from surface waters of the state which are up gradient for the application site;
c) 100 feet from all drinking water wells;
d) 100 feet from all water supply reservoirs; and
e) 100 feet from active sinkholes.