Jump to Navigation
Jump to Content

United States v. Tennessee Water Quality Control Bd.

Citation: 12 ELR 20740
No. Nos. 82-3030, -3031, (M.D. Tenn., 04/09/1982)

The court rules that the diversion of water at a federal flood control and power project is not a discharge of pollutants within the meaning of § 313 of the Federal Water PollutionControl Act (FWPCA) requiring federal compliance with state pollution control requirements. The court rules that § 313 of the FWPCA requires the Tennessee Valley Authority to comply with state water quality requirements if it is engaging in activity resulting in a discharge or runoff of pollutants. However, the diversion of water from the dam, through a flume to the generating station, does not constitute a discharge or runoff of pollutants.

Counsel for Plaintiff
Herbert F. Sanger, General Counsel
Tennessee Valley Authority
400 Commerce Ave., Knoxville TN 37902
(615) 632-2241

Counsel for Defendants
William B. Hubbard
Office of the Attorney General
450 James Robertson Pkway., Nashville TN 37219
(615) 741-7085

Charles H. Warfield
Farris, Warfield & Kanaday
17th Floor, Third Nat'l Bank Bldg., Nashville TN 37219
(615) 244-5200