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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 November 30 - December 6

Hamilton County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
12/3/2007
Director's Order
Windstone Sewer / Rainbro, Inc. Collection System
Respondent(s): Rainbro, Inc.

Location: Next to No.2 Tee at TN/GA line, Chattanooga 37404

Summary: A Director’s Order was issued on December 3, 2007, to Rainbro Inc. in Hamilton County for multiple sewage overflows in violation of a State Operating Permit and The Act.  The Respondent operates a sewage pumping station for a residential development known as the Windstone Subdivision.  The Order assesses a total civil penalty of $27,500.00, of which $7,000.00 is non-contingent and $20,500.00 is contingent upon the Respondent complying with the requirements of the Order.

Maury County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
12/3/2007
Director's Order
Arden Village
Respondent(s): Arden Village, LLC; McGowan Family Limited Partnership; Michael Floyd; Regent Development, LLC

Location: Columbia, TN

Summary: Multiple violations of the TNCGP. Causing a condition of pollution. Pollutant discharge to waters of the state. Total Penalty is $25,000.00 $6,000.00 of the penalty is non-contingent and the balance is contingent upon the respondent meeting the order requirements.

Coffee County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
12/3/2007
Commissioner's Order
Grace Haven
Respondent(s): Nicky Lowe

Location: AEDC Road approximately 1/4 mile east of I-24, Hillsboro 37342

Summary: Subdivision construction without CGP coverage. Construction of a ski lake (7-acre) within wetland areas after NOV was sent; without ARAP coverage. Nicky Lowe is the owner/developer of a 27-acre development. 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 individual ARAP, and conducting operations without authorization under the TNCGP. This Order requires the Respondent to submit for Division and implement activities in an approved mitigation plan. The Order assesses a civil penalty of $199,750.00, of which $50,000.00 is non-contingent and $149,750.00 is contingent.

Hickman County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
12/6/2007
Director's Order
John Thomison, Jr.
Respondent(s): John Thomison

Location: Willie Branch, Nine Mile Ridge Road

Summary: Failure to obtain TNCGP coverage. Unauthorized stream alterations consisting of construction of dam and impoundment. Causing a condition of pollution by sediment loss downstream. This Order assesses a Civil Penalty of $20,000.00 of which $2,500.00 is due upfront and $17,500.00 is contingent upon the Respondent complying with the requirements of the Order.

Madison County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
12/3/2007
Director's Order
Thomsen Farms, Phase III and IV
Respondent(s): Reasons Construction Company, Inc.; Delta Contracting Co., LLC; Vern C. Thomsen, Jr.

Location: Oil Well Road, Jackson 38305

Summary: A Director’s Order was issued on December 3, 2007, to Vern C. Thomsen Jr., Delta Contracting Company LLC, and Reasons Construction Company Inc. in Madison County for multiple violations of the TNCGP, including failing to retain sediment onsite, failing to maintain EPSC measures, not installing EPSC measures in accordance with the SWPPP, not posting the Notice of Coverage, failing to maintain a copy of the SWPPP on site, and causing a condition of pollution in Moize Creek.  The violations occurred at a residential development known as Thomsen Farms Phases III and IV.  The Order assesses a total civil penalty of $24,500.00, of which $6,200.00 is non-contingent and $18,300.00 is contingent upon the Respondent complying with the requirements of the Order.

Knox County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
12/3/2007
Director's Order
Wildwood Gardens Unit 6
Respondent(s): P & CK Construction

Location: Remagen Lane, Knoxville

Summary: Multiple instances of NOC not posted on site, EPSC measures not in accordance with SWPPP, failure to retain sediment on site, failure to retain buffer zone, causing a condition of pollution, and one instance of refusing to furnish information. Total penalty is $39,000.00. $10,000.00 is non-contingent and the remaining $29,000 is contingent upon the respondent meeting order requirements.

Knox County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
11/30/2007
Director's Order
Carpenter Ridge Subdivision
Respondent(s): David M. Whisnant

Location: Intersection W. Emory Road with Carpenter Road, Knoxville

Summary: Repeated violations of the TNCGP. This Order assesses a Civil Penalty of $23,000.00 of which $3,500.00 is due upfront and $19,500.00 is contingent upon the Respondent complying with the requirements of the Order.

Recent Appealed Orders

Putnam County
Case No.
Signed Date
Action Type
Site Name
Agreed Date
Appeal Date
10/22/2007
Director's Order
The Reserve at the Country Club - Phase 1
Respondent(s): Design Development

Location: Shag Rag Road, Cookeville 38501

Summary: Unauthorized stream alterations. Failure to retain sediment on site. Pollutant discharge to waters of the state. TNCGP violations. This order assesses total Civil Penalty of $11,500.00 of which $3,000.00 is non-contingent and the remainder is contingent upon the Respondent complying with the order requirements.

Enforcement Archives

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Week of December 28, 2007 - January 3, 2008

Year 2007
Week of December 21 - December 27, 2007
Week of December 14 - December 20, 2007
Week of December 7 - December 13, 2007
Week of November 30 - December 6, 2007
Week of November 23 - November 29, 2007
Week of November 16 - November 22, 2007
Week of November 9 - November 15, 2007
Week of November 2 - November 8, 2007
Week of October 26 - November 1, 2007
Week of October 19 - October 25, 2007
Week of October 12 - October 18, 2007
Week of October 5 - October 11, 2007
Week of September 28 - October 4, 2007
Week of September 21 - September 27, 2007
Week of September 14 - September 20, 2007
Week of September 7 - September 13, 2007
Week of August 31 - September 6, 2007
Week of August 24 - August 30, 2007
Week of August 17 - August 23, 2007
Week of August 10 - August 16, 2007
Week of August 3 - August 9, 2007
Week of July 27 - August 2, 2007
Week of July 20 - July 26, 2007
Week of July 13 - July 19, 2007
Week of July 6 - July 12, 2007
Week of June 29 - July 5, 2007
Week of June 21 - June 28, 2007