SPEAK OUT!

As of 8/4/22, we have until 8/26/22 to comment on Tinsley's air permit request. A VIRTUAL PUBLIC MEETING will be held by TDEC to discuss the issue. This will hopefully slow down progress on the rock crusher. See below for info and guidelines:

In general, your personal comments should reflect your personal, legitimate concerns related to AIR QUALITY.

• The EASIEST way to express your comments is to submit them in writing to air.pollution.control@TN.gov

• DO NOT CALL, you will be ignored.

• You can also write a letter (although our time is short!) and send it to: Ms. Michelle W. Owenby, Director, Division of Air Pollution Control, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243

• Be sure and reference the correct permit application:

Tinsley Sand and Gravel, LLC

Control 001170570

348 Chevy Road

Tracy City, TN 37387

SIC Code 1442

Permit # 980253

SOME GUIDELINES

We are developing a more comprehensive view of what the air quality issues are and will provide in the next few days. NEVERTHELESS, please consider the following thoughts to help guide how you compose your email or letter (REMEMBER, it's YOUR PERSONAL, LEGITIMATE CONCERNS):

• How does it affect your health? SILICOSIS is a real thing and is permanent without a cure. Fine silica lodges in the lungs and cannot be extracted. If you are already suffering from lung disorders, this certainly can exacerbate it. More information about Silicosis can be found on these links:
  https://montipower.com/

• https://careertrend.com/

• How will the Tinsley Sand and Gravel Plant be monitored? (There is currently a Notice of Violation for the water quality . (Division of Water Resources ). Mr. Tinsley failed to provide the most recent quarterly water report.)

• How will the Tinsley Sand and Gravel Plant be held accountable?

Hello Everyone! (As an FYI, we are breaking the list of GCCG supporters up into tens as we make the request for a time commitment from you.)

On Wednesday, March 16, 2022, Adam Hughes, Brian Paddock, and Bruce Blohm met with each of our district legislators to educate them about our concerns. The map of the Clouse Hill Road area was presented along with the awareness that Eddie Tinsley, a founder and current president of Tinsley Asphalt in Tullahoma, Tennessee, is clearly in violation of the Grundy County Powers Act which affects approximately 140 homes and the land that surrounds the area of the Clausen Sandblasting Plant.

To further our cause, and to keep the momentum going, please consider making a 2-minute call to each of the following legislators to request their support. Their legislative assistants will take your call and relay the information if the legislator is not available.

Talking points for a 2-minute call:

• I am a constituent – provide zip code

• My personal concern (e.g. – blasting, dust, health, water, foundation, trucks, family, ecology)

• Why? Short personal story (my property is within 5,000 feet, etc.)

• Thank them for their time and consideration of their support.

If you do not feel comfortable making a call, please consider sending a short letter or email to each legislator. All contact information is provided.

Current Representative – District 43

Rep. Paul Sherrell

Staff contact is Sherry Smith

615-741-1963

Rep.paul.sherrell@capitol.tn.gov

Nashville Address:

425 Rep John Lewis Way N.

Suite 670 Cordell Hull Bldg.

Nashville, TN 37243

Fax: 615-253-0207

District Address :

6677 Crossville Highway

Sparta, TN 38583

https://www.capitol.tn.gov/house/members/h43.html

Senator – District 16

Senator Janice Bowling

Executive Secretary: Claudia Huezo

615-741-6694

Sen.janice.bowling@capitol.tn.gov

425 Rep John Lewis Way N.

Suite 718 Cordell Hull Bldg.

Nashville, TN 37243

Fax: 615-253-0260

https://capitol.tn.gov/Senate/members/s16.html

After redistricting beginning January 2023, Rep. Bricken will represent Grundy County.

He currently has an interest.

Rep. Rush Bricken

Staff Contact: Jennifer Young

615-741-7448/931-588-9331

Rep.rush.bricken@capitol.tn.gov

425 Rep John Lewis Way N.

Suite 594 Cordell Hull Bldg.

Nashville, TN 37243

Fax: 615-253-0226

District Office:

317 Shanondale Drive

Tullahoma, TN 37388

https://capitol.tn.gov/House/members/h47.html

Other imperative contacts:

Michael Brady, Grundy County Mayor, P.O. Box 177, Altamont, TN 37301

grundymayor@yahoo.com

( 931) 692-3718

(931) 692-3721 Fax

Kelly Gibbs, 460 S 40th Ave, Gruetli Laager, TN 37339-4210

commissionergibbs@gmail.com

Don M Hutcheson, PO Box 327, Coalmont, TN 37313-0327

(931)592-2252

grundyems@blomand.net

Millard C Rogers,156 Sims St, Tracy City, TN 37387-5054

(615)542-1183

commissionercrogers@gmail.com

Charles David Lockhart, P.O. Box 213, Altamont, TN 37301

Mr. Daniel T Crabtree, 172 Louie Campbell RD, Palmer, TN 37365

(931)235-2816

commissionercrabtree@gmail.com

Mr. Danny Lusk, 1665 Cabbage Patch Rd, Altamont, TN 37301

commissionerlusk@gmail.com

Mr. Gary Brewer, P.O. Box 37, Gruetli-Laager, TN 37339

commissionerbrewer@gmail.com

Mr. Charles M Cordell, 100 Stage Coach Rd, Palmer, TN 37365

(423)774-0352

commissionercordell@gmail.com

William D Griswold, 287 19th Street, Tracy City, TN 37387

(931) 592-2580

commissionergriswold@gmail.com

In Addition - Please call the State Fire Marshal’s Office at 615-741-7190. for any and all blasting complaints

Blasting Complaint Procedures are below.

How to find Tinsley's Chevy Road (Clouse Hill) TDEC permits:

• Permit number TN0070664

• TDEC Site: https://dataviewers.tdec.tn.gov/pls/enf_reports/f?p=9034:34031::::34031:P34031_SITE_ID:158123 (also located in Resources)

118(a) COMPLAINT T.C.A. § 69-3-118 Process

STEP 1 - Spot Water Pollution and Check Permit

Look for:

• Muddy water flowing off a construction or logging site and toward a stream, storm drain or sinkhole;

• Silt fences that are DOWN;

• Oily water flowing from a junkyard toward a storm drain, stream or sinkhole;

• End of pipe discharges from Sewer Plants or industrial facilities. Seeps which may come from nearby landfills. Look for discoloration, odor, visible oil, visible or suspended solids. Grab a sample in a clean sealable container for laboratory analysis. A conductivity meter will indicate metals in solution by increased conductivity compared to waters further away from a source of metals such as a mine site or landfill.

• Failure to have a permit. Check the TDEC water permits at the links above (or go to the Resources page) Zoom in and record the permit number, permit holder, and type of permit. Use the permits dataviewer for more detalis about the permit and related enforcement.

• BIG RAIN EVENTS ARE A GREAT TIME TO LOOK FOR FAILED CATCHMENTS AND SILT FENCES.

STEP 2 - Document and File a Complaint

There are a couple of ways to submit a complaint:

• Visit the Citizen Water Quality Complaints website for information, or

• Fill out an online "Ask TDEC" form, or

• Call the TDEC toll-free phone line at 1-888-891-8332, or

• Write and mail a letter:

Division of Water Resources

William R. Snodgrass Tennessee Tower

312 Rosa L. Parks Avenue, 11th Floor

Nashville, Tennessee 37243

NOTES:

Always state on your complaint – including a complaint on the TDEC form(s) that this is “a 118(a) complaint” so that the statutory procedure and deadlines must be applied by TDEC.

Document your complaint with a detailed statement of time, place, and nature of the pollution. Include photos, easier now that most cell phones and tablets have cameras. Photos that are printed out should also be annotated or accompanied by the information a digital camera records of the date, etc. Provide GPS coordinates whenever possible or use the nearest cross streets and other directions.

Be sure to sign and include your name, address, e-mail address and telephone so TDEC can acknowledge your 118(a) complaint and let you know in writing what action they have taken.

You may and should file a complaint each and every day when a violation continues.

TDEC may decline to enforce the daily penalties allowed by law by making the unfounded assumption that evil things stop once you stop looking. Follow up complaints may need less documentation but should still included dated photos and the statement that the pollution has not stopped and that the offender has not taken corrective action as far as you can see.

TDEC accepts anonymous complaints but the 118(a) process doesn’t work if you do not identify yourself.

There may be a good reason to call in an anonymous complaint. You might later send someone else to check the complaint files at your local TDEC office to see if an anonymous complaint was investigated and the outcome.

STEP 3 - TDEC & You

You should receive an acknowledgment of your complaint which will say that TDEC will investigate. The investigation will usually be conducted by staff from the TDEC Environmental Field Office (EFO) having jurisdiction in the county whey the incident occurred:

https://www.tn.gov/environment/contacts/about-field-offices/field-offices/chattanooga.html

You can call the EFO and talk with the staff person assigned to investigate the complaint, provide more information, particularly about ongoing or repeated incidents of pollution at the site, and review the notes from TDEC field visits and photos and email and other communications from the EFO to the Enforcement unit at TDEC HQ in Nashville.

Step 4 - Review the TDEC Response:

• You should receive a letter within 90 days telling you what TDEC thinks it has found and what it has done to end the water pollution and prevent it from happening again.

• This is good time to review the TDEC file on your complaint – look for reports of site visits and details of any instructions to the site operator about what must be done to stop and prevent water pollution.

• T.C.A. Section 118(a)(3) - If the commissioner fails to take the action stated in the notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.

  • • A letter or more formal petition can be used to appeal for Board review. The request for appeal must assert that the TDEC enforcement response to your complaint is “inadequate”. Only 30 days is allowed to file a petition for review by the Water Board from the notice of TDEC’s action on your complaint.

    • An individual can file a “pro se” petition for appeal to the Water Board without a lawyer. This is a very challenging process to navigate without a lawyer. Organizations and groups, incorporated or unincorporated, must petition and appear by counsel.

    • This is a full blown legal trial process so I recommend you consult an attorney as soon as you have the TDEC response which states what action it has taken on your complaint.

BLASTING COMPLAINT PROCEDURES

The Department of Commerce and Insurance’s State Fire Marshal’s Office will conduct investigations into blasting complaints.

If you have concerns regarding blasting in your area, contact the State Fire Marshal’s Office at 615-741-7190.

• The identity of the person making the complaint will be kept confidential during the investigation, but becomes public record once the investigation is complete.

• Each complainant should have the following information available when calling the State Fire Marshal’s Office:

  • Complainant’s name, address, city, state, zip code, and telephone number(s).

  • Location of complaint including both city and county.

  • Person or company causing the complaint, including address, telephone number, license numbers, etc.

  • Description of complaint, dates, and times of incidents.

• Complaints will be routed to the responsible inspector for investigation.

• At no time during the investigation are records open to the public. Investigation information is confidential until the matter has come to a conclusion. At the conclusion of the investigations, the complainant is notified in writing as to the final outcome and the records become public information.