RESOURCES

“We’ve been fighting a corporate bully for years that has been emitting unhealthy and extremely objectionable emissions into the air in our community. Chris and Doug helped us to organize and present an appeal case to our county regulatory body against decisions protecting this goliath. In part due to their knowledge and guidance, we are now finally gaining some traction against this money grubbing, corporate entity that has been defiling the quality of life and the clean air in our neighborhood.”

George Eldridge

GET MUD OUT OF YOUR FAVORITE STREAM!

You want to file a complaint to TDEC about mud going into your favorite stream? The form your looking for is form 118(a).

It's essentially pretty simple--just make sure you have enough info to find the location, date and property owner pumping the mud into your stream. Also don't forget to make sure they have the proper signs up. What I like about 118(a) is it puts TDEC on a mandated timeline to respond. What I don't like is how long it is, but the time they look the polluter may of cleaned up. I have found best practices is to file the 118(a) but then also complaint to your county and city, if your in one. Find out who your codes people and complain to all three. But 118(a) is your ice breaker. We are batting 100% with ours so far. TDEC has agreed with us every time we have filed on.

I am going to provide you with two templates. Ours, which is perhaps more detail than you need, then an old link to the TCWN page so you have two models. FYI free apps for most phones that will embed GPS!

https://docs.google.com/document/d/1jENhjdsmqJTwbSqGrXQBVrnznrfYtGBm/edit?usp=sharing&ouid=114394274469687626779&rtpof=true&sd=true

You can usually find a property owner on your county or areas GPS. Google GIS with the first initial for Knoxville if you search KGIS then you can find it. Find it take screen shots take allot of the mystery out!

Here is TCWN's short form. Don't let the complexity fool you, you can literally sketch out your complaint on a paper garbage bag with a crayon and as long as you send it to the proper address they have to review it. More detail gives the agency less room to deny and weasel though.

https://www.tcwn.org/complaint/

DIG INFORMATION OUT OF YOUR FAVORITE STATE AGENCY WITH TORA!

Ok so its full title is the Tennessee Open Records Act (TORA) we call it TORA because it sound cooler than other titles. Fast pro-tips--if you request onsite inspection of records they have to do that for free. If you demand copies there can be a price tag, but they have to provide you a location to inspect and pick what you want copied.

Most States open records act are similar to the federal Freedom of Information Act (FOIA). If you search most agencies have automatic TORAs you can file for records request.

TDEC's

https://www.tn.gov/environment/contacts/public-records-request.html

But TORAs are not just for State agencies. You can file them against your county, city--pretty much any government agency in Tennessee--though some municipal governments are doing something really sketchy to hide records from you. They sign NDA (non-disclosure agreements) with private companies and argue they do not have to disclose those records under that. That will last until someone takes them to an appeals court or up.

Again, this is a process that is simple, is supposed to be for citizens to ask about their government. But people make it seem waaaay more complex than it is. You can write in in crayon and send it in to the agency and they have to respond but keep the dates of when you ask. Create a record. But try filing just one or two to learn the process. Here are some more links.

https://tcog.info/resources/tennessee-public-records-request-form/

https://www.nfoic.org/tennessee-sample-foia-request/

Don't forget, cast a broad net. Ask for documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity

https://law.justia.com/codes/tennessee/title-10/chapter-7/part-5/section-10-7-503/

FREEDOM OF INFORMATION ACT (FOIA)

THIS IS A WORK IN PROGRESS. ITS A LITTLE MORE COMPLEX AND WE ARE DOING SOME RESEARCH TO MAKE IT EASIER.

ODDS and ENDS