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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 June 13- June 19, 2008

Anderson County
Case No.
Signed Date
Action Type
Site Name
Agreed
Date
Appeal Date
7/3/2007
Commissioner's Order
Intex Enterprises LLC
Respondent: Intex Enterprises, LLC
Location: 193 Clinton I-75 Industrial Park, Clinton 37716
Summary: Foamy discharge and objectionable color contrast from Intex discharges observed on several occasions; faliure to submit DMRs in a timely manner; biomonitoring test faliure; refuse to connect to a sanitary sewer. The Order assesses a civil penalty of $74,760 of which $20,000 is non-contingent and $54,760 is contingent. Damages of $12,066.96 are also assessed and are non-contingent.

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.

Davidson County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/18/2008
Director's Order
Madison at Ridgelake Apartments
Respondent(s): David D. McGavock dba Small Waters Lake Mgmt.

Location: off Old Hickory Blvd (I-40 west, exit 199) at Ridgelake Parkway, Nashville 37209
Summary: Unpermitted discharges to waters of the state.

Davidson County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/13/2008
Director's Order
Richard V. Norment
Respondent(s): Richard Norment

Location: 913 Percy Warner Blvd, Nashville 37205
Summary: Unpermitted dam on Vaughns Gap Branch.

Knox County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/13/2008
Director's Order
The Villages at Hardin Valley
Respondent(s): Burr, LLC; R & R Excavating Company LLC

Location: Hardin Valley Road, Knoxville 37932
Summary: A Director's Order was issued on June 13, 2008, to Burr, LLC and R & R excavating Co., LLC in Knox Co. for failure to obtain ARAP authorization prior to conducting stream alterations to an unnamed tributary to Connor Creek and for multiple violations to the TNCGP permit consisting of EPSC measures not in accordance with SWPPP, EPSC measures not properly maintained, NOC not posted on site, SWPPP not available for review on site, and for causing a condition of pollution to waters of the state. The total civil penalty assessed is $59,500.00, of which $15,000 is non-contingent and $44,500 is contingent upon the Respondent meeting the order requirements.

Maury County
Case No.
Signed Date
Action Type
Site Name
Agreed Date
Appeal Date
5/10/2007
Agreed Order
Harvey Tract
6/1/2007
Respondent(s): Sterling B. Marlin

Location: Nashville Highway and Columbia Rock Road, Columbia 38401
Summary: Working without Construction Stormwater Permit coverage; causing sediment pollution to Haley Branch.

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.

Sevier County
Case No.
Signed Date
Action Type
Site Name
Agreed Date
Appeal Date
6/4/2007
Agreed Order
On Higher Ground - Phase 3
Respondent(s): Jeff Harris

Location: Turkey Valley Lane
Summary: Failure to obtain TNCGP and ARAP coverage Continuing violations of TNCGP and ARAP requirements after coverage issuance.

Sullivan County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/13/2008
Expedited Director's Order
Gaines Property Auto Parking
Respondent(s): William J. Gaines

Location: SR394 Sweet Knob Rd, Bristol

Summary: An Expedited Order was issued on June 13, 2008, to William J Gaines in Sullivan County for TNCGP permit violations: NOC not posted on site, ESPC measures not in accordance with SWPPP, and EPSC measures not properly maintained. 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.

Sullivan County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/18/2008
Expedited Director's Order
Paul Darnell Borrow Pit
Respondent(s): Paul Darnell

Location: North side of S.R. 394 between Summers HillDr. And Hicks Hollow Lane, Bristol

Summary: Failure to post NOC, EPSC 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

Sumner County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/18/2008
Expedited Director's Order
Cassetty Property
Respondent(s): Cassetty Construction, Inc.

Location: 1005 Center Point Road, Hendersonville

Summary: An Expedited Order was issued on June 18, 2008, to Cassetty Construction, Inc. in Sumner County for failure to obtain permit coverage.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
6/13/2008
Expedited Director's Order
McKinley Apartments
Respondent(s): Norman Davis Construction Company

Location: North Side of McKinley Road about 300' west of Beech Street in Johnson City, Johnson City 37601
Summary: An Expedited Order was issued on June 13, 2008, to Norman Davis Construction Company in Washington County for TNCGP permit violations: NOC not posted on site, ESPC measures not in accordance with SWPPP, and EPSC measures not properly maintained. 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.


Recent Appealed Orders

Shelby County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/10/2008
Expedited Director's Order
Ridgemont Trails SD Phase 3
Respondent(s): Trimark, LLC

Location: North Side of Ridgemont Road, West of Howardcrest Dr, Memphis

Summary: An Expedited Order was issued on June 10, 2008 to Trimark, LLC in Shelby County for failing to retain sediment on site and EPSC measures not properly maintained. The Order assesses a total Civil Penalty of $2,000.00, which is non-contingent. If the respondent waives the right to appeal the order, $1,000.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.


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
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