The Charlotte Observer
Judge: Revoke erroneous permit
Lake Norman is not able to handle treated
waste, court determines
BRUCE HENDERSON
Staff Writer
A Lake Norman sewage treatment plant should
lose its permit because of errors by state officials who issued it, an
administrative law judge has said in an unusual ruling.
The N.C. Department of
Environment and Natural Resources issued permits in 1996 and 2000 allowing
the plant to drain up to 300,000 gallons of treated waste a day into the
lake south of the plant's location, near the N.C. 150 bridge just west of
Mooresville.
Eleven Lake Norman residents,
joined by Catawba Riverkeeper Donna Lisenby, challenged the permits issued
to Mid-South Water Systems. Mid-South sold the plant last year to
Hydraulics Ltd.
Judge James Conner's Nov. 21
recommendation siding with the residents goes before a committee of the
state Environmental Management Commission early next year.
It would be the first time in
recent memory a permit has been revoked for a sewage treatment plant
serving homes, said Susan Massengale, spokesman for the N.C. Division of
Water Quality. Unlike businesses, which could shut down if the plant is
closed, homes would have no ready alternative -- something the committee
would have to include in its consideration of the judge's recommendation.
State environmental officials
had not seen the decision Tuesday and had no comment.
Conner said the state water-quality staff
didn't adequately analyze the plant's impact on the lake before issuing
the permits.
Lakes aren't ideal places for
sewage discharges because slow-moving water can't disperse pollutants as
easily as flowing streams can. South Carolina does not allow new
discharges into lakes.
"We are hopeful this draws a
line against allowing other waste treatment plants on Catawba River
reservoirs, and on other N.C. reservoirs," Lisenby said. Several other
sewage treatment plants also operate on Norman.
State officials overlooked
environmentally benign alternatives such as septic tanks, the judge wrote.
He also noted procedural problems such as an incorrect address listed on
the 1996 permit.
The state also ignored
Mid-South's "notorious" record of violations, Conner said. Before
Mid-South sold most of its waste treatment plants in late 1999, records
show, the company was assessed more than $74,000 in fines for plants in
Iredell, Catawba and Mecklenburg counties.
"There is no point in having
laws to protect citizens and the environment from scoff-law companies if
the agency is simply going to ignore those laws," Conner wrote.
Bruce Henderson:
The Charlotte Observer
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