A spot of proverbial tea...

(Via Michelle Malkin's blog)

State officials ban tea from Tea Party

From the Des Moines Register

Tea, although natural and quite tasty, is considered a pollutant that can’t go into a body of water without a permit, said Mike Wade, a senior environmental specialist at the DNR’s Manchester field office.

“Discoloration is considered a violation,” Wade said.

Ummm...really? I pulled up the Cedar Rapids Municipal Code and read through the ordinances associated with Water Service and Waste Water Facilities (Chapters 12 & 13). I found nothing that supports that position. There is, certainly, nothing in the Water Service section. The Waste Water Facilities (Chapter 13) touches on the subject of securing permits.

13.08 PERMITS.
(a) Requirements. Any person desiring to discharge the described substances, materials, waters or wastes as defined in subsection 13.07(c) shall file an Application for a Discharge Permit with the Director.

Ok...let's take a peek at Section 13.07(c)...shall we?

13.07 USE OF PUBLIC SEWERS.
(c) Discharge Prohibited Except by Permit. No person shall discharge or cause to be discharged, the following described substances, materials, waters, or wastes without a permit issued pursuant to Section 13.08.
1. Any waters or wastes excluding sanitary wastes having:
A. 5-day BOD greater than 42 lbs/day or,
B. Suspended solids greater than 52 lbs/day or,
C. Total Kjeldahl nitrogen greater than lbs/day, or,
D. Average daily flow greater than 25,000 gallons/day (excluding sanitary wastes).
2. Any liquid or vapor having a temperature higher than 120 degrees Fahrenheit (48 degrees Centigrade).
3. Any water or wastes which contain grease, fats, wax, or oil, whether emulsified or not, in excess of 100 mg/l, or other substances that will solidify or become discernibly viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (0 degrees to 65 degrees Centigrade).
4. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.75 hp metric) or greater shall be subject to the review and approval of the Director.
5. Any water or wastes containing non-edible type oil or grease such as petroleum, mineral oil or grease in amounts that could cause interference or pass-through.
6. Any water or wastes that contain more than .2 parts per million by weight of hydrogen sulfide, or more than 2 parts per million by weight of sulfur dioxide and nitrous oxide.
7. Any water or wastes that contain phenols or other taste and odor producing substances, in excess of 0.5 parts per million by weight.
8. Any water or wastes, acid or alkaline in reaction, and having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the city.
9. Any water or wastes containing any of the constituents listed in subsection 13.07(b)1.B, or any other objectionable or toxic substances.
10. Any water or wastes containing the discharge of strong acid iron pickling wastes, or concentrated plating solution whether neutralized or not.
11. Any noxious or malodorous gas or substances, which either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
12. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state and federal regulations.
13. Materials which exert or cause:
Unusual concentrations of inert suspended solids such as, but not limited to, fuller’s earth, lime slurries, and lime residues or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
Excessive discolorations such as, but not limited to, dye wastes and vegetable tanning solutions.
14. Any water or wastes containing substances which are not amenable to treatment or reduction by the water pollution control processes employed, or are amenable to treatment only to such a degree that the Water Pollution Control Plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water.
15. Any water or wastes which by interaction with the other water or wastes in the public sewer system, releases obnoxious gases or develops color of undesirable intensity; or forms suspended solids in objectionable concentration; or creates any other conditions deleterious to structures and treatment processes, shall be subject to control or shall be banned from the system as determined by the Director.
16. Any wastes, which in the opinion of the Director, may harm either the public sewers, Water Pollution Control Plant, treatment process, equipment, or have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director shall give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction in the sewers, nature of the treatment processes, capacity of the water pollution control facilities, degree of treatability of wastes in question, and other pertinent factors. Factors influencing this ruling and known conditions at the time of this ruling shall be recorded by the Director in the plant file at the time the ruling is made.
17. Any trucked or hauled pollutants, except at discharge points designated by Cedar Rapids Water Pollution Control Department. (20-92)

Problem #1 for Cedar Rapids is that Section 13.07 deals with manmade Public Sewers, not natural waterways. And, the only subsection that would possibly appear applicable would be this one:

13. Materials which exert or cause:
Unusual concentrations of inert suspended solids such as, but not limited to, fuller’s earth, lime slurries, and lime residues or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
Excessive discolorations such as, but not limited to, dye wastes and vegetable tanning solutions.

The question is subjective in nature. What is an excessive discoloration? I believe if you take the volume of the river at the location where the tea was to be dumped and compare it to the absolute miniscule amount of tea (comparatively)...there would be no "excessive discoloration." Keep in mind, also, that tea is nothing more than dried leaves.

Guess what? The Cedar Rapids Municipality neglected to define "excessive discolorations" in the definitions portion of the Ordinance Chapter. What they did include was this section.

(g) City’s Right of Revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 13.07(a) of this chapter.

Ah...but they would have to meet, debate and vote in order to do so.