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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 February 8 - February 14, 2008


Giles County
Case No.
Signed Date
Action Type
Site Name
Order of Consent
Appeal Date
8/3/2007
Director's Order
David Smith Property Oil Dumping
2/14/2008
Respondent(s): David B. Smith

Location: 4080 Prospect Road, Prospect 38477

Summary: Causing a condition of pollution to an unnamed tributary to Richland Creek. Total penalty is $5,000.00. $1,250.00 of the penalty is non-contingent. $1,875.00 is contingent upon notification to field office personnel of a waste removal plan. The remaining $1,875 is contingent upon submittal of waste disposal documentation withing 10 days of receipt.


Putnam County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
2/11/2008
Director's Order
The Landing at Falling Water River
Respondent(s): J.D. Shockley Construction, LLC; T & W Putnam Developments, LLC

Location: NE quadrant of intersection of Luke Lane and Burgess Mill Road, Cookeville 38501

Summary: A Director's Order was issued on 2/11/08 to T & W Putnam Development, LLC and J.D. Shockley Construction, LLC on Putnam County for multiple TNCGP violations consisting of the NOC not posted on site, the SWPPP not on site, EPSC measures not in accordance with the SWPPP, EPSC measures not properly maintained and causing a condition of pollution to Hudgens Creek and its unnamed tributary.  The Order assesses a total civil penalty of $51,000, of which $13,000 is non-contingent and $38,000 is contingent upon the Respondents complying with order requirements.

Rutherford County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
2/8/2008
Director's Order
Jim Smythe Property
Respondent(s): Jim Smythe

Location: Armory Drive, Murfreesboro

Summary: Failure to obtain TNCGP coverage. Unauthorized alterations to waters of the state. Causing a condition of pollution. This Order assesses a Civil Penalty in the amount of $17,500.00 of which $3,500.00 is non-contingent and the remainder is contingent upon the Respondent complying with the Order requirements.

Shelby County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
2/8/2008
Director's Order
Memphis Sports Training Center
Respondent(s): CJC, LLC; ARCON of Tennessee, LLC

Location: 76 Houston Levee Road, Memphis

Summary: Unauthorized stream and wetland alterations. Causing a condition of pollution in waters of the state. This Order assesses a total Civil Penalty of $30,000.00 of which $5,000.00 is due upfront and the remainder is contingent upon the Respondents complying with the requirements of the Order.

Washington County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
2/8/2008
Expedited Director's Order
Mill Creek - Phase II (f.k.a. Wolfe-Freeman Property)
Respondent(s): Wolfe Development Company

Location: NE side of New Hope Road approximately 1/3 mi. from Hwy. 11E, Jonesborough

Summary: EPSC measures not in accordance with SWPPP. Failure to retain sediment on site. EPSC measures not properly maintained. Total penalty is $3,000.00. $1,500.00 of the penalty is non-contingent and the remainder is contingent upon the respondent meeting the order requirements.

Recent Appealed Orders

Sevier County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
12/11/2007
Commissioner's Order
Westgate Smoky Mountain Resort
Respondent(s): Westgate Resorts, Inc.; Charles Blalock and Sons, Inc.; C. Laney and Sons Construction, Inc.

Location: East of Highway 441 and West Prong Little Pigeon River, Gatlinburg

Summary: Prolonged and repeated violations of the TNCGP and SWPPP; failure to obtain ARAP's; causing pollution multiple times at multiple locations Westgate Resorts, Inc. is the owner and developer of a commercial project in Gatlinburg. C. Laney and Sons Construction, Inc. is the primary contractor for the site. 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 ARAP, violating the terms of the TNCGP, and discharging sediment into waters of the state that resulted in a condition of pollution. This Order requires the Respondents to implement appropriate EPSC measures, maintain EPSC measures, submit a detailed construction plan, begin conducting inspections of the site in accordance with the TNCGP and submit to the Division photo-documentation of the condition of the discharge following rain events greater than 0.5 inches. The Order assesses a civil penalty of $174,000, of which $50,000 is non-contingent and $124,000 is contingent. The order also assesses non-contingent damages of $3,210.37.

Knox County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
1/14/2008
Director's Order
HOLROB / Ratliff Office Building - Phases I - III
Respondent(s): Sequoyah Limited, LLC; D.R. Phillips, LLC

Location: 1720 Schaeffer Road, Knoxville 37932

Summary: Unauthorized stream alteration, EPSC measures not properly maintained, causing a condition of pollution, no SWPPP on site. Total penalty is $20,500.00. $6,000.00 is non-contingent and the remainder is contingent upon the Respondents meeting the order requirements.

Hamilton County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
1/10/2008
Director's Order
Ooltewah-Ringgold Road High & Middle School
Respondent(s): Hamilton County Department of Education; Rentenbach Constructors, Inc.

Location: 2015 Ooltewah-Ringgold Road, Ooltewah 37363

Summary: Mud slurry discharge from drilling operation causing a condition of pollution in Hurricane Creek. This Order assesses a Civil Penalty in the amount of $10,000.00, of which $4,000.00 is due upfront and the remainder is contingent upon the Respondents complying the the Order requirements.

Enforcement Archives

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