ELR Citation: ELR 20740
No(s). s. 82-3030, -3031 (M.D. Tenn. Apr 9, 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 Pollution Control 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 Pkwy., 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