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 July 13 - July 19
| Blount County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
11/8/2005
|
Agreed Order |
Willow Creek Subdivision
|
12/14/05 |
|
| Respondent: Ultra, LLC | ||||
| Location: Willow Creek Drive, Maryville 37804 | ||||
| Summary: Failure to obtain CGP and ARAP coverage and submit required information. Causing pollution to the waters of the state by discharging sediment to Brown Creek. The Agreed Order assesses a civil penalty of $4,500 of which $3,500 is non-contingent and $1,000 is contingent. | ||||
| Giles County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
1/24/2007
|
Agreed Order
(Agreed Date: 7/17/2007) |
Brian Flowers gravel dredging in Big Creek
|
2/26/07 |
|
| Respondent(s): Brian Flowers | ||||
| Location: Intersection of Highway 247 and Highway 166 |
||||
| Summary: Unpermitted alteration of channel and flow, causing condition of pollution by discharging equpment fluids, non-notification of spills, working in flowing water, dredging below water level, dredging for commercial use - not personal as stated in an application. The Agreed Order assesses a civil penalty of $10,425 of which $3,300 is non-contingent and $7,125 is contingent. | ||||
| Meigs County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
7/17/2007
|
Commissioner's Order
|
Decatur STP
|
||
| Respondent(s): Earl Wayne Price | ||||
| Location: Goodfield Road,
Decatur 37322 |
||||
| Summary:Revocation of operator license (Grade 3 WW, and Grade I CS) for former employee of Town of Decatur. Found guilty by EPA in March 2006, of falsifying February 2006, DMR data. Earl Wayne Price is a certified operator and holds a Grade III Wastewater Treatment Plant Operator license and a Grade I Wastewater Collection System Operator license. This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, reporting data which was known to be false. This Order revokes the Respondent's Grade III Wastewater Treatment Plant Operator license and Grade I Wastewater Collection System Operator license. | ||||
| Rutherford County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
2/5/2007
|
Agreed Order
(Agreed Date: 7/17/2007) |
Pinnacle Point Subdivision
|
3/9/2007 |
|
| Respondent: Scott Butler Homes, LLC | ||||
| Location: 1106 Waldron Road, La Vergne | ||||
| Summary: TNCGP and ARAP violations - no ARAP or CGP coverage, extensive stream alterations, causing conditions of pollution to Rock Springs Branch. The Agreed Order assesses a civil penalty of $10,000 of which $3,000 is non-contingent and $7,000 is contingent. | ||||
Recent Appealed Orders
| Davidson County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
5/16/2007
|
Director's Order
|
The Mulch Company
|
||
| Respondent: Anthony Emmanuel, dba The Mulch Company, LLC | ||||
Location: 665 Vernon Avenue, Nashville 37209 |
||||
| Summary: Request for Director's Order for discharging untreated industrial storm water runoff from unpermitted outfalls at 108 Duluth Avenue and violations of TMSP TNR053751 for the 665 Vernon Avenue site. | ||||
| Henry County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
6/18/2007
|
Commissioner's Order
|
Tosh Farms Headquarters
|
||
| Respondent: Jimmy Tosh d/b/a Tosh Farms | ||||
Location: 1586 Atlantic Avenue, Henry 38231 |
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| Summary: Respondent owns and operates an active Concentration Animal Feeding Operation (CAFO) in Henry County. This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, conducting construction activities without authorization under the TNCGP and conducting operations without authorization under an individual NPDES, failure to furnish information, and discharging wastewater into waters of the state that resulted in a condition of pollution. This Order requires the Respondent to submit an NOI, SWPPP, and NPDES CAFO permit application, and/or cease truck washing operations and submit a closure plan. The Order assesses a civil penalty of $75,000, of which $20,000 is non-contingent and $55,000 is contingent. The Order also accesses damages of $1,358.42 which is non-contingent. | ||||
| Marshall County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
6/25/2007
|
Director's Order
|
Cedar Ridge Landfill
|
||
| Respondent: Waste Management Inc., of Tennessee | ||||
| Location :2340 Mooresville Highway, Lewisburg 37091 | ||||
| Summary: Issued for causing a condition of pollution to Vickrey Spring & East Fork Globe Creek, and multiple violations of the TMSP, including failing to maintain adequate Best Management Practices (BMPs) and failing to perform and report Annual Storm Water Monitoring. Total Civil Penalty is $29,000.00, of which $7,250.00 is non-contingent and $21,750.00 is contingent. | ||||
| Roane County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
6/26/2007
|
Commissioner's Order
|
Highland Reserve Subdivision, Phase 1
|
||
| Respondent: Matt C. Caldwell | ||||
| Location: Smalley Lane, southeast of Riley Creek near Kingston. | ||||
| Summary: Highland Reserve, LLCis the owner and developer of Highland Reserve Subdivision. Matt Caldwell is the signatory authority responsible for construction activities at the site.This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, conducting land disturbance activities without coverage under the TNCGP, failing to properly install and maintain erosion prevention and sediment control measures, and causing a condition of pollution to the unnamed tributary to Watts Bar Reservoir and Watts Bar Reservoir itself. This Order requires the Respondent to submit for approval an updated SWPPP, implement the approved SWPPP, submit and implement an approved CAP, commence no other land disturbance activities at the site except those activities that are required in order to achieve compliance with the TNCGP and attend the Erosion Prevention and Sediment Control Workshop. The Order assesses a civil penalty of $42,000 of which $12,000 is non-contingent and $30,000 is contingent. Damages of $752.12 are also assessed and are non-contingent. | ||||
| Roane County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
6/26/2007
|
Commissioner's Order
|
Waterfront Plantation
|
||
| Respondent: Matt C. Caldwell | ||||
| Location: Rockwood Ferry Road, Kingston | ||||
| Summary: Waterfront Plantation is the owner and developer of Waterfront Plantation Subdivision. Matt Caldwell is the signatory authority responsible for construction activities at the site.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 an ARAP, conducting land disturbance activities without coverage under the TNCGP, failing to properly install and maintain EPSC measures, and causing a condition of pollution to the two unnamed tributaries to Watts Bar Reservoir and to Watts Bar Reservoir itself. This Order requires the Respondent to submit for approval an updated SWPPP, implement the approved SWPPP, submit and implement an approved CAP, commence no other land disturbance activities at the site except those activities that are required in order to achieve compliance with the TNCGP. The Order assesses a civil penalty of $390,000, of which $130,000 is non-contingent and $260,000 is contingent. Damages of $752.12 are also assessed and are non-contingent. | ||||
| Roane County | ||||
Case No. |
Signed Date |
Action Type |
Site Name |
Appeal Date |
|---|---|---|---|---|
6/12/2007
|
Commissioner's Order
|
Rarity Oaks Subdivision Phase I
|
||
| Respondents: Oak Ridge Land Company, LLC; Rarity Communities, Inc; Gary Consorto | ||||
| Location:Southwest of Oak Ridge on the south side of Highway 95, near Oak Ridge Country Club and Southwood Subdivision, Oak Ridge | ||||
| Summary: Failure to obtain TNCGP coverage. Unauthorized stream alterations. Causing a condition of pollution. TNCGP violations after NOC issuance. ARAP violations after written authorization. Total penalty assessed $108,000, of which $33,000 is non-contingent, and the remaining is contingent. | ||||
Enforcement Archives
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