The department will pay the fine and costs, Murfreesboro Water and Sewer Department (MWSD) Director Joe Kirchner said.

“I think this is an appropriate outcome since a $5,000 civil penalty is considered the minimum for an NPDES permit violation,” he said. “In addition to the fine, the department will reimburse the state for investigation costs and fish loss resulting in a total payment of $16,056.17.

“The expense for the state personnel to investigate and the cost for the lost fish are fixed amounts based on the work done and the estimated value of the fish lost based on a statistical count,” he continued.

This past Aug.1, MWSD experienced a power failure at its Old Fort Park sewer Pumping Station, resulting in the release of sewage into the West Fork of the Stones River near Bridge Avenue and Malloy Lane.

The power failure was thought to be the result of a lightning strike as a powerful storm raged through Murfreesboro that day and Murfreesboro Electric Department (MED) has confirmed numerous outages in the area. The existing monitoring equipment nonetheless was sending inaccurate information to the central plant indicating that the pump station was functioning correctly.

The city promptly notified TDEC’s Division of Water Quality and an investigation ensued.

TDEC’s notice to the city stated, “Division personnel conducted a site investigation and observed numerous dead fish of various species in the river for a distance of approximately two miles.

“Division personnel requested an investigation by the Tennessee Wildlife Resources Agency (TWRA),” it also stated.
Acting in consultation with TDEC, MWSD took extraordinary steps to mitigate the problem, the director said
“We posted signs the next Monday,” he said. “The golf course personnel were great. These guys did a great job with adding water to the stream and tracking the extent of the problem.

“Parks and recreation also helped a lot, to minimize public use of the river during the problem, with the police department’s help,” he continued. “The police department had its bicycle officers going up and down the greenway warning people to not go in the water.”

“We have some really dedicated professional people,” he said. “Believe it, they are just as worried about these overflows as the citizens are.”

Since August, Kirchner said the department has taken steps to prevent similar incidents in the future such as sending personnel out to check the stations immediately after a storm , regardless of the monitoring equipment readings.

Additional, redundant, monitoring of the pump station’s condition has also been added. Other improvements are being considered.
Even prior to this incident this station had been scheduled for replacement, the director said. Design plans and specifications are complete and have been approved by the state.