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 20 - July 26

Case No.	Signed Date	Action Type	Site Name
Sullivan County
07-0164	7/23/2007	Expedited Director's Order	Settlers Ridge
Respondent(s): McKee Builders, Inc.
Location:North of subdivision at end of Woods Way and north of State Route 126 in Kingsport, Kingsport 37664
Summary: EPSC measures not in accordance with SWPPP. EPSC measures not properly maintained. Failure to retain sediment on site. Penalty is $ 3,000.00. If the respondent waives the right to appeal this order, $1,500.00 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
Sullivan County
07-0165	7/23/2007	Expedited Director's Order	Rosedale Subdivision
Respondent(s): David Butch Rose
Location: Sterling Lane, Kingsport 37660
Summary:EPSC measures not in accordance with SWPPP. EPSC measures not maintained. Failure to retain sediment on site. Penalty is $3,000.00. If the respondent waives the right to appeal this order, $1,500.00 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	Appeal Date
Williamson County
07-091D	7/24/2007	Commissioner's Order	Campbell Station	8/23/2007
Respondent(s): Thomas Reed; Campbell Station Development LLC; Steve Sadler; Trenchmark Construction LLC; Tim Smith; Smith Trucking and Excavating Company; Smith Excavating
Location: Campbell Station Blvd in Spring Hill, Spring Hill
Summary: Respondents have engaged in construction activities without coverage under the TNCGP and altered waters of the state without ARAP coverage. Respondents failed to properly install and maintain erosion and sediment control structures. Respondents have caused a condition of pollution in Grassy Branch. Thomas Reed is the owner of property located in the Campbell Station Development. Campbell Station Development is the developer of Campbell Station, a mixed-use development in Williamson County. Stephen D. Sadler is the principal shareholder of Trenchmark Construction, LLC. Trenchmark Construction, LLC is contracted by Respondent Campbell Station or Respondent Reed to perform construction activities at the site. Tim Smith is the principal shareholder of Smith Trucking and Excavating Company and Smith Excavating, Inc. Smith Trucking and Excavating Company is contracted by Respondent Campbell Station, Respondent Reed, or Respondent Trenchmark to perform construction activities at the site. Smith Excavating Inc., is contracted by Respondent Campbell Station, Respondent Reed, or Respondent Trenchmark to perform 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 authorization under an ARAP, discharging materials or wastewater and conducting land disturbance activities without coverage under the TNCGP. This Order requires the Respondents to establish and maintain effective EPSC measures on-site, maintain approved EPSC measures until all land disturbance activities at the site are complete and erosion-prevention permanent cover is established, submit an updated NOI, SWPPP, and as-built plans to the Division, not initiate any new construction activities at the site until TNCGP coverage has been issued and attend the Department's Erosion Prevention and Sediment Control Workshop. The Order assesses a civil penalty of

Recent Appealed Orders

Case No.	Signed Date	Action Type	Site Name	Appeal Date
Franklin County
07-0129C	6/22/2007	Commissioner's Order	Decherd Water Works STP	7/30/2007
Respondent: City of Decherd
Location:311 4th Ave. South, Decherd 37324
Summary: The City of Decherd owns and operates a wastewater treatment plant. This Order addresses several violations of the Water Control Act. These violations include, but are not limited to, discharging wastewater effluent from the WWTP in violations of the terms and conditions of the permit. This Order requires the Respondent to submit and implement an approved CAP/ER, submit and implement an approved SORP and MOM and submit annual reports. The Order assesses a civil penalty of $39,500.00, of which $9,875.00 is non-contingent and $29,625.00 is contingent.

Enforcement Archives

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Year 2007
Week of December 21 - December 27, 2007
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