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 October 19 - October 25

Case No.	Signed Date	Action Type	Site Name
Bledsoe County
07-0116	10/22/2007	Director's Order	Southeastern Tennessee State Regional Correctional Facility
Respondent(s): Southeast Tennessee State Regional Correctional Facility
Location: 1045 Horsehead Road, Pikeville 37367
Summary: Multiple violations of the terms and conditions of an existing Individual NPDES Permit. Land application of sewage sludge without a valid permit. Causing a condition of pollution to waters of the state. This Order assesses a Civil Penalty of $21,000.00, of which $7,000 is due upfront and $14,000 is contingent upon the Respondent complying with the Order requirements.

Case No.	Signed Date	Action Type	Site Name
Cheatham County
07-0136	10/25/2007	Commissioner's Order	Pleasant View Village
Respondent(s): Holt Development, LLC
Location: Highway 41A & Hicks Edgen Road, Pleasant View
Summary: Repeated violations of the TNCGP. Numerous instances of failure to retain sediment on site Numerous instances of causing a condition of pollution. The total penalty is $158,500.00, of which $45.000.00 is upfront and the remainder is contingent upon compliance with the order. Holt Development Co., LLC is an active company licensed to conduct business in the state of Tennessee, and is the developer of Pleasant View Village, a residential subdivision in Cheatham County. Dannie R. Holt is the signatory authority for Pleasant View Village and is personally involved in the project in several different capacities. 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 TNCGP, failing to furnish information requested in the NOV, and causing a condition of pollution to the unnamed tributary of Sycamore Creek. This Order requires the Respondent to submit an updated NOI and SWPPP, implement the measures containined in the approved SWPPP submit and implement an approved CAP and provide documentation of attendance and sucessful completion of the Department's Erosion Prevention and Sediment Control Workshop. The Order assesses a civil penalty of $158,500, of which $45,000 is non-contingent and $11,350 is contingent. The Order also assesses $1,798.11 in damages.

Case No.	Signed Date	Action Type	Site Name
Hamblen County
07-0240	10/24/2007	Expedited Director's Order	Cornerstone Christian Academy
Respondent(s): David North-Registered Agent for Cornerstone Academy
Location: 260 Jacobs Road
Summary: Failure to obtain TNCGP coverage. Total 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
Hamilton County
07-0226	10/22/2007	Director's Order	Whisper Creek PUD
Respondent(s): Shelton Construction Co., LLC; IJG, Inc.
Location: Whisper Creek PUD, Ooltewah Ringgold Road, East Brainerd
Summary: Inadequate EPSC measures at the construction site, discharge of sediment into receiving stream, which is designated as exceptional waters.

Case No.	Signed Date	Action Type	Site Name
Hardin County
07-0237	10/22/2007	Expedited Director's Order	Highway 69 - Cleared site
Respondent(s): Clinton Jones d/b/a Tennessee River Investors
Location: Highway 69 between Millidgeville and Crump, Crump 38327
Summary: Failure to obtain TNCGP coverage. Total 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	Appeal Date
Hardin County
07-0238	10/22/2007	Expedited Director's Order	Highway 69 - Cleared site	11/2/2007
Respondent(s): Maxie Jones d/b/a Tennessee River Investors
Location: Highway 69 between Millidgeville and Crump, Crump 38327
Summary: Failure to obtain TNCGP coverage. Total 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
Knox County
07-0241	10/24/2007	Expedited Director's Order	Wild Pear Shores - Unit 3
Respondent(s): Lee T. Gamble dba Development Services
Location: Deerwood Drive, Dandridge 37725
Summary: NOC not posted on site. No SWPPP on site. EPSC measures not in accordance with SWPPP. EPSC measures not properly maintained. Failure to retain sediment on site. Total Penalty is $4,500.00. $2,250 is contingent upon meeting order requirements.

Case No.	Signed Date	Action Type	Site Name
Montgomery County
07-0215	10/19/2007	Director's Order	Liberty Park
Respondent(s): Bill Mace
Location: North S.R. 76 at the intersection of Dover Road and Butts Lane, Woodlawn
Summary: Violating terms and conditions of existing ARAP. Multiple TNCGP violations. Failure to retain sediment on site. Causing a condition of pollution. This order assesses total Civil Penalty of $33,500.00 of which $8,000.00 is due upfront and $25,500.00 is contingent upon the Respondent complying with the order requirements.

Case No.	Signed Date	Action Type	Site Name	Agreed Date	Appeal Date
Putnam County
WPC 07-0216	10/22/2007	Director's Order	The Reserve at the Country Club - Phase 1	6/18/2008	12/6/2007
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.

Case No.	Signed Date	Action Type	Site Name	Appeal Date
Rutherford County
07-0212	10/22/2007	Director's Order	Gary Coonan Property	10/30/2007
Respondent(s): Gary Coonan
Location: Hwy 269
Summary: Failure to obtain permit coverage. Unauthorized stream alterations. Causing a condition of polluiton. Total Penalty is $17,500.00. $4,500.00 of which is non-contingent with the remainder contingent upon order requirements.

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