Water Related Enforcement Activity

Certain water related enforcement activity is posted weekly to this Web page, including Director’s Orders, Commissioner’s Orders, Agreed Orders and Rulings of the Water Quality Control Board and Notices of Intent to Appeal. When cases are appealed, the law (T.C.A. §4-5-310) provides an opportunity to intervene to become a party in the pending case. To do so, a petition should be filed with the Secretary of State, Administrative Procedures Division. Water related enforcement activity for the most recent week is identified and presented with short summary and link to full documentation through the Case No. Previous water related enforcement activity are archived in batch links at the bottom of this page.

Timely access to public information is important to the department. We are developing an online application that will connect to a database containing enforcement activities across all department divisions. We look forward to providing this Web-based public information resource in the future.

Week of December 7 - December 13

Case No.	Signed Date	Action Type	Site Name	Appeal Date
Putnam County
07-0261 07-0262 07-0263	12/7/2007	Expedited Director's Order	Andy and David Milton Property	2/20/2008 07-0263
Respondent(s): Andy Milton; Summers Excavating; Johnny Hammock
Location: Highway 70 - Subdivision, Cookeville 38501
Summary: Failure to obtain TNCGP coverage. This Order assesses a Civil Penalty is $2,500.00. If the respondent waives the right to appeal this order, $1,250.00 of this penalty is contingent upon compliance with CGP provisions at the site for a period of one year.

Case No.	Signed Date	Action Type	Site Name
Obion County
07-0259	12/11/2007	Consent Order	Black Swamp
Respondent(s): Tennessee Wildlife Resources Agency
Location: Rutherford, along SR-89 near Hop-In Refuge, Kenton
Summary: Unpermitted alteration on Hop In refuge; hydrologic and ecologic impacts to Black Swamp due to construction of levee to elevation 290.5 with undersized openings by TCW in October 2002 Tennessee Wildlife Resources Agency is an agency within the State of Tennessee. This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, altering waters of the state without authorization under an ARAP and conducting activities without authorization under the TNCGP. This Order requires the Respondent to propose an SEP, submit an application for an individual permit for its proposed structures in the unnamed tributaries in the Hop-In Area, and for their operation to impound water in Black Swamp and conduct business in accordance with the Act and rules promulgated pursuant to the Act.

Case No.	Signed Date	Action Type	Site Name	Appeal Date
Sevier County
07-0127	12/11/2007	Commissioner's Order	Westgate Smoky Mountain Resort	2/14/2008
Respondent(s): Westgate Resorts, Inc.; Charles Blalock and Sons, Inc.; C. Laney and Sons Construction, Inc.
Location: East of Highway 441 and West Prong Little Pigeon River, Gatlinburg
Summary: Prolonged and repeated violations of the TNCGP and SWPPP; failure to obtain ARAP's; causing pollution multiple times at multiple locations Westgate Resorts, Inc. is the owner and developer of a commercial project in Gatlinburg. C. Laney and Sons Construction, Inc. is the primary contractor for the site. This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, physically altering waters of the state without authorization under an ARAP, violating the terms of the TNCGP, and discharging sediment into waters of the state that resulted in a condition of pollution. This Order requires the Respondents to implement appropriate EPSC measures, maintain EPSC measures, submit a detailed construction plan, begin conducting inspections of the site in accordance with the TNCGP and submit to the Division photo-documentation of the condition of the discharge following rain events greater than 0.5 inches. The Order assesses a civil penalty of $174,000, of which $50,000 is non-contingent and $124,000 is contingent. The order also assesses non-contingent damages of $3,210.37.

Recent Appealed Orders

Case No.	Signed Date	Action Type	Site Name	Appeal Date
Grundy County
07-0181	11/14/2007	Commissioner's Order	Woodlands of Knoxville - Phase II	12/17/2007
Respondent(s): Dovetail Builders, Inc.; The Woodlands of Knoxville II, LLC; Blount Excavating, Inc.
Location: 1045 Cherokee Trail, Knoxville, Tennessee
Summary: Numerous, repeated violations of the TNCGP. Extensive sediment loss from site. Continuing condition of pollution. Total Civil Penalty is $378,500.00 of which $100,000.00 is due upfront and $278,500.00 is contingent upon the Respondents complying with the order requirements. The Woodlands of Knoxville II, LLC is licensed to conduct business in the state of TN and is the owner of Woodlands of Knoxville -Phase II ("site"), a residential subdivision located in Knox County. Dovetail Builders, Inc. is the signatory authority for construction activities at the site. Blount Excavating Inc., is an operator at the site. This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, failing to comply with the terms and conditions of the TNCGP and causing a condition of pollution to the unnamed tributary to the Tennessee River. This Order requires the Respondents to establish effective EPSC measures, submit written documentation and photographic evidence indicating these measures are in place, submit and implement an approved CAP and provide documentation that employees have completed the Department's EPSC Workshop . The Order assesses a civil penalty of $ 378,500, of which $100,000 is non-contingent and $278,500 is contingent. The Order also assesses damages of $938.51.

Enforcement Archives

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