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 5 - October 11

Case No.	Signed Date	Action Type	Site Name	Appeal Date
Knox County
02-0155	6/4/2002	Agreed Order	Sterchi Hills Subdivision	7/10/2002
Respondent(s): Schubert Builders, LLC; Farragut Ditching Company, Inc.; John C. Schubert; M. Alex Schubert, Jr.; Patrick Schaad
Location: Between Dante Road and Dry Gap Pike, Knoxville
Summary: Respondents failed to install and maintain sufficient sediment control barriers on existing construction within this development throughout the construction process. This site was cleared, grubbed, and allowed to remain unstable for approximately four years without sediment and erosion controls and without phasing. Responsible parties also failed to obtain coverage under the General NPDES Permit to Discharge Storm Water Associated with Construction Activity during this extended period of time. Because of the lack of proper sediment control barriers within this development, large amounts of sediment migrated from the development and into unnamed tributaries to Knob Fork thus causing pollution to waters of the State.

Case No.	Signed Date	Action Type	Site Name
Cumberland County
07-0229	10/11/2007	Expedited Director's Order	BMJ Stone Co. / Plateau Masonry
Respondent(s): John Rector dba BMJ Stone Co./ Plateau Masonry
Location: 1/4 mile south of red light #1 on 127 South, Crossville 38571
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
Cumberland County
07-0233	10/11/2007	Expedited Director's Order	BMJ Stone Co. / Plateau Masonry
Respondent(s): Mike Rector dba BMJ Stone Co., Plateau Masonry
Location: 1/4 mile south of red light #1 on 127 South, Crossville 38571
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
Madison County
07-0207	10/08/2007	Director's Order	Element Aluminum, LLC
Respondent(s): Element Aluminum LLC
Location: 2410 Dr. F. E. Wright Drive, Jackson 38305
Summary: Discharge without a permit. Total Penalty is $10,000.00. $7,500.00 is contingent upon meeting order requirements.

Case No.	Signed Date	Action Type	Site Name
Sevier County
07-0124	10/10/2007	Director's Order	Hidden Springs Resort
Respondent(s): Hidden Springs Resort, Inc.
Location: Hidden Springs Resort at end of Newcomb Hollow Road, Sevierville 37862
Summary: Issued on October 10, 2007, to Hidden Springs Resort, Inc., in Sevier County for multiple violations of the TNCGP, including failure to install EPSC measures in accordance with the SWPPP, failure to maintain EPSC measures, failure to maintain a current SWPPP, and causing multiple instances of pollution in an unnamed tributary to Seaton Branch. The Order assesses a total civil penalty of $100,000.00, of which $30,000.00 is non-contingent and $70,000.00 is contingent.

Case No.	Signed Date	Action Type	Site Name
Smith County
07-0213	10/08/2007	Director's Order	C.E. Hackett Properties
Respondent(s): C. E. Hackett
Location:173 JMZ Drive, Gordonsville 38563
Summary: Iissued on October 8, 2007, to C. E. Hackett in Smith County for operating a sewerage system without coverage under a State Operating Permit. Sewage overflows were documented on two occasions. Total civil penalty of $7,500.00, of which $2,500.00 is non-contingent and $5,000.00 is contingent.

Case No.	Signed Date	Action Type	Site Name	Agreed Date	Appeal Date
Union County
WPC 07-0225	10/10/2007	Director's Order	Yovella Property	4/15/2008	11/9/2007
Respondent(s): Ed Yovella
Location: 477 Central View Road, Andersonville 37705
Summary: Respondent performed an unauthorized stream alteration, placing materials where they could enter waters of the state, and causing a condition of pollution to an unnamed tributary to Byrams Fork. Total civil penalty of $10,000.00, of which $2,250.00 is non-contingent and $7,750.00 is contingent.

Case No.	Signed Date	Action Type	Site Name
White County
07-0232	10/11/2007	Expedited Director's Order	Deer Run Subdivision
Respondent(s): Harold Brown dba Landmark Properties
Location: Burgess Falls Road at Milk Plant Road, Sparta 38583
Summary: Failure to install EPSC measures in accordance with the SWPPP, failure to maintain EPSC measures, failure to maintain a current SWPPP.

Enforcement Archives

Current Week
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Week of February 1 - February 7, 2008
Week of January 25 - January 31, 2008
Week of January 18 - January 24, 2008
Week of January 11 - January 17, 2008
Week of January 4 - January 10, 2008
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