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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 July 11 - July 17, 2008

Benton County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/16/2008
Director's Order
Tommy Hollingsworth, Danville Rd.
Respondent(s): Tommy Hollingsworth

Location: Off Danville Road, 15 miles east of Big Sandy, Big Sandy 38221

Summary: A Director's Order was issued on July 16, 2008, to Tommy Hollingsworth in Benton County for violations of the TNCGP and an existing ARAP which include: an unathorized stream alteration and causing a condition of pollution to the unnamed tributaries to Tennessee River. The Order assesses a total civil penalty of $5,000.00, of which $1,250.00 is non-contingent and $3,750.00 is contingent upon the Respondent complying with the requirements of the Order.

Carter County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/14/2008
Expedited Director's Order
Terry Torres Property
Respondent(s): Sequoya, LLP

Location: HWY 67, Hampton 37658

Summary: An Expedited Director's Order was issued on July 14, 2008, to Sequoya, LLP in Carter County for failure to obtain TNCGP permit coverage. This Order assesses a 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.

Carter County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/16/2008
Expedited Director's Order
Meadows Brook Subdivision
Respondent(s): Highlands Land Development LLC

Location: Price Road and DC Campbell Road, Elizabethton 37643

Summary: An Expedited Order was issued on July 16, 2008, to Meadows Brook Subdivision in Carter County for TNCGP permit violations: Failure to post the NOC on site, ESPC measures not in accordance with SWPPP, EPSC measures not properly maintained, and Failure to retain sediment on site. The Order assesses a total Civil Penalty of $3,500.00, which is non-contingent. If the respondent waives the right to appeal the order, $1,750.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.

Polk County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/17/2008
Expedited Director's Order
Savannah Place, Lots 9 & 10
Respondent(s): Jonathan McCann

Location: Benton Station Road, Benton

Summary: An Expedited Order was issued on July 17, 2008, to Johathan McCann in Polk County for violations to the TNCGP permit consisting of EPSC measures not properly maintained and failure to retain sediment on site. This Order assesses a Civil Penalty is $2,000.00. If the respondent waives the right to appeal this order, $1,000.00 of this penalty is contingent upon compliance with CGP provisions at the site for a period of one year.

Putnam County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/14/2008
Director's Order
Rebecca Nelson Property
Respondent(s): Howard Waldo

Location: Just outside Algood near cell tower, Algood

Summary: A Director's Order was issued July 14, 2008, to Howard Waldo in Sullivan County for violations of the TNCGP, including EPSC measures not in accordance with SWPPP, EPSC measures not properly maintained, Failure to retain sediment on site, Failure to have certified inspector (after June 17, 2007), and Pollutant (sediment) discharge to waters of the state. The Order assesses a total civil penalty of $6,000 of which $1,500 is non-contingent and $4,500 is contingent upon the Respondent complying with the Order requirements

Shelby County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/17/2008
Expedited Director's Order
Hunters Walk North Subdivision
Respondent(s): Mike Hilliard

Location: Northern terminus of Hunters Glade Lane, Ellendale

Summary: An Expedited Order was issued on July 17, 2008, to Mike Hilliard in Shelby County for TNCGP permit violations: ESPC measures not in accordance with SWPPP, EPSC measures not properly maintained, No SWPPP on site, Failure to retain sediment on site, and NOC not posted on site. The Order assesses a total Civil Penalty of $4,500.00, which is non-contingent. If the respondent waives the right to appeal the order, $2,250.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.

Smith County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/14/2008
Expedited Director's Order
127 Chester Ave. - James Smith Property
Respondent(s): James E. Smith

Location: Gordonsville

Summary: An Expedited Director's Order was issued on July 14, 2008, to James E Smith in Smith County for failure to obtain TNCGP permit covreage. This Order assesses a Civil Penalty is $2,500. If the respondent waives the right to appeal this order, $1,250 of this penalty is contingent upon compliance with CGP provisions at the site for a period of one year.

Sullivan County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/14/2008
Expedited Director's Order
Cedar Valley Condominiums
Respondent(s): Wayne Chaney

Location: Belmont Drive off Weaver Pike - Bristol TN 37620

Summary: An Expedited Order was issued on July 14, 2008, to Wayne Chaney in Sullivan County for TNCGP permit violations: NOC not posted on site and EPSC measures not properly maintained. The Order assesses a total Civil Penalty of $1,500.00, which is non-contingent. If the respondent waives the right to appeal the order, $750.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.

Sumner County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/14/2008
Director's Order
Twin Eagles Subdivision Phase 8
Respondent(s): Randy Jones

Location: HWY 25 West (Wildcat Run and Osprey Drive), Gallatin

Summary: A Director's Order was issued July 14, 2008, to Randy Jones in Sumner County for violations of the TNCGP, including EPSC measures not in accordance with SWPPP, EPSC measures not properly maintained or in accordance with the SWPPP, Failure to retain sediment on site, Failure to have certified inspector (after June 17, 2007), and for altering state waters without a permit. The Order assesses a total civil penalty of $10,000 of which $2,500 is non-contingent and $7,500 is contingent upon the Respondent complying with the Order requirements

Sumner County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/17/2008
Director's Order
Enoch Hills Subdivision
Respondent(s): Bronze Construction; Sweeney-Bronze Development; Anchor Pipe Company Inc.

Location: Hartsville Pike (Hwy 25E), Gallatin

Summary: A Director’s Order was issued on July 17, 2008, to Sweeney-Bronze Development LLC, Bronze Construction LLC, and Anchor Pipe Company Inc. for violations of the TNCGP and existing ARAP including failure to have a certified inspector (after June 17, 2007), EPSC measures not in accordance with the SWPPP, EPSC measures not properly maintained, Failure to retain sediment on site, pollutant discharge to waters of the state, SWPPP not current, Violating the terms and conditions of an existing ARAP and violating any other term or condition of a storm water NPDES permit. The Order assesses a total Civil Penalty of $19,500.00, of which $5,000.00 is non-contingent and the remaining $14,500.00 is contingent upon the Respondent complying with the Order requirements.

Unicoi County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/15/2008
Expedited Director's Order
Unicoi County Practice Field
Respondent(s): Unicoi County Board of Education

Location: Robinson Street, Erwin

Summary: An Expedited Order was issued on July 15, 2008, to Unicoi County Board of Education in Unicoi County for violations of the TNCGP consisting of: EPSC measures not properly maintained and not in accordance with the SWPPP and not posting NOC on site. This Order assesses a 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.

Washington County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/14/2008
Expedited Director's Order
Penelope Place
Respondent(s): Tom Mozen

Location: Intersection of Antioch Road & Gilmer Street, Johnson City 37604

Summary: An Expedited Order was issued on July 14, 2008, to Tom Mozen in washington County for TNCGP permit violations: NOC not posted on site and ESPC measures not in accordance with SWPPP. The Order assesses a total Civil Penalty of $1,500.00, which is non-contingent. If the respondent waives the right to appeal the order, $750.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.

Washington County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/14/2008
Expedited Director's Order
Vic Davis Property
Respondent(s): Vic Davis

Location: Corner of Innovation Drive and Buffalo Road, Johnson City

Summary: An Expedited Order was issued on July 14, 2008, to Vic Davis in Washington County for TNCGP permit violation: ESPC measures not in accordance with SWPPP. The Order assesses a total Civil Penalty of $1,000.00, which is non-contingent. If the respondent waives the right to appeal the order, $500.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.

Washington County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/17/2008
Expedited Director's Order
Zak's Furniture Future Building Area
Respondent(s): Zak's, Inc.

Location: Southeast Corner of North Roan Street and Pickens Bridge Road, Johnson City 37601

Summary: An Expedited Order was issued on July 17, 2008, to Zak's, Inc. in Washington County for TNCGP permit violations: ESPC measures not in accordance with SWPPP, EPSC measures not properly maintained, and NOC not posted on site. The Order assesses a total Civil Penalty of $2,500.00, which is non-contingent. If the respondent waives the right to appeal the order, $1,250.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.

Washington County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/15/2008
Expedited Director's Order
Silvers Property
Respondent(s): Charles Buck and Jessica Silvers

Location: 1502 Ferrell Drive, Johnson City

Summary: An Expedited Director's Order was issued on July 15, 2008, to Charles Buck and Jessica Silvers in Washington County for failure to obtain TNCGP permit coverage. This Order assesses a 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.

Williamson County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/17/2008
Director's Order
Kingwood Community Subdivision
Respondent(s): Corinthian Custom Homes, Inc.

Location: Kingwood Boulevard in Fairview

Summary: A Director’s Order was issued on July 17, 2008; to Corinthian Custom Homes for failure to obtain TNCGP coverage. The Order assesses a total Civil Penalty of $9,000.00, of which $2,500.00 is non-contingent and the remaining $6,500.00 is contingent upon the Respondent complying with the Order requirements.

Wilson County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
7/17/2008
Director's Order
Payton Farms Subdivision
Respondent(s): Key Development Group, Inc.

Location: 1466 Mann Road, Lebanon 37087

Summary: A Director's Order was issued on July 17, 2008, to Key Development Group, Inc. in Wilson County for multiple violations of the TNCGP, including EPSC measures not properly maintained, failure to retain sediment on site, No SWPPP on site, No NOC on site, and causing a condition of pollution to the unnamed tributary to Brunley Branch. The Order assesses a total civil penalty of $59,000.00, of which $14,750.00 is non-contingent and $44,250.00 is contingent upon the Respondent complying with the requirements of the Order.


Recent Appealed Orders

Cheatham County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/18/2008
Commissioner's Order
Randall R. Stutts Impoundment
Respondent(s): Randall R. Stutts; Joe Townsend

Location: 1850 Highway 70 East, Kingston Springs 37082

Summary: Construction of impoundment on a tributary to the Harpeth River without ARAP authorization. Conducting land disturbance activities in excess of one acre without coverage under the TNCGP. Causing a condition of pollution by impounding and blocking flow downstream of impoundment. The following Order was issued by the Commissioner on June 18, 2008: Case Name: Randall Stutts & Joe Townsend d/b/a Townsend Construction Case # : WPC07-0239 Division: WPC Attorney: Max Fleischer County: Cheatham Randall Stutts is the owner of property located in Cheatham County. Joe Townsend d/b/a Townsend Construction was contracted by Respondent Stutts to conduct construction activities at the site. This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to,conducting land disturbance activities without coverage under the TNCGP and by altering waters of the state without authorization under an ARAP, and causing a condition of pollution in the unnamed tributary to the Harpeth River. This Order requires the Respondent to establish and maintain effective EPSC measures, submit a NOI, SWPPP and the appropriate application fee for all remaining construction activities at the site, submit a CAP, initiate the approved CAP and submit written notification of completion of the CAP to the Division . The Order assesses a civil penalty of $112,500.00, of which $25,000.00 is non-contingent and $87,500.00 is contingent.


Enforcement Archives

Current Week
Week of August 8 - August 14, 2008
Week of August 1 - August 7, 2008
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Week of February 1 - February 7, 2008
Week of January 25 - January 31, 2008
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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
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Week of November 30 - December 6, 2007
Week of November 23 - November 29, 2007
Week of November 16 - November 22, 2007
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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
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Week of July 27 - August 2, 2007
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