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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 6- June 12, 2008

Hamilton County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/10/2008
Director's Order
Georgetown Landing/Bay Subdivision
Respondent(s): D&M Properties

Location: Corner of Ooltewah-Georgetown Road and Biggs Road
Summary:Violating any other term or condition of a stormwater NPDES permit, Violating terms and conditions of an existing ARAP, Unauthorized stream alteration, EPSC measures not properly maintained, and causing a condition of pollution. This Order assesses a Civil Penalty of $32,000.00 of which $8,000.00 is non-contingent and $24,000.00 is contingent upon the Respondent complying with the requirements of the Order.

Henderson County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/9/2008
Expedited Director's Order
Peregrine Estates
Respondent(s): Billy Tropp

Location: Hwy 104 North, Bargerton

Summary: Failure to obtain TNCGP coverage. This Order assesses a total civil penalty of $2,500.00, of which is $1,250.00 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.

Madison County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/6/2008
Expedited Director's Order
Ashton Park Subdivision
Respondent(s): Delta Southern Land & Development LLC

Location: Morris Avenue north Chester Park Apts, Jackson 38301
Summary: An Expedited Order was issued on June 6, 2008 to Delta Southern Land & Development LLC in Madison County for TNCGP permit violations: NOC not posted on site, No SWPPP on site, ESPC measures not in accordance with SWPPP, and EPSC measures not properly maintained. 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.

Monroe County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/9/2008
Director's Order
Vonore Collection System
Respondent(s): Town of Vonore

Location: 613 Church St., Vonore 37885
Summary: Failure to have a Grade I collection system operator in violation of their permit, which is a violation of Secton 69-3-114(b) of the TWQCA.

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.

Hickman County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
6/11/2008
Commissioner's Order
South Central Tennessee Railroad Authority
Respondent(s): South Central Tennessee Railroad Authority and K. W. Lankford Excavating

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

Summary: South Central Tennessee Railroad Authority (SCTRA) is the owner of the site. K. W. Lankford Excavating is contracted by SCTRA 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, failing to comply with the terms and conditions of the TNCGP and causing a condition of pollution in the unnamed tributary to Indian Creek. This Order requires the Respondent to establish effective EPSC measures on-site, submit written documentation and photographic evidence to the Columbia EFO that these measures are in place, submit a CAP and implement the approved CAP, submit written notification of completion of the CAP to the Divisision. The Order assesses NRDA damages in the amount of $185,535.00. The Order assesses a civil penalty of $80,000.00, of which $20,000.00 is non-contingent and $60,000.00 is contingent. The Order also assesses damages in the amount of $1,440.47.


Recent Appealed Orders

Sullivan County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
5/12/2008
Expedited Director's Order
New Beginning Fellowship Church
Respondent(s): New Beginnings Fellowship Church

Location:East Stone Drive & Bancraft Road, Blountville 37617
Summary: An Expedited Order was issued on May 12, 2008 to New Beginnings Fellowship Curch in Sullivan County for TNCGP permit violations: NOC not posted on site, SWPPP not current, 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 $4,000.00, which is non-contingent. If the respondent waives the right to appeal the order, $2,000.00 of this penalty becomes contingent upon compliance with the TNCGP permit requirements at the site for a period of one year.

Fentress County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
5/13/2008
Commissioner's Order
Wilder Mountain Subdivision
Respondent(s): J. J. Detweiler Enterprises, Inc.; Horst Brothers Construction, LLC

Location:

Summary: J.J. Detweiler, Inc. is a developing the subdivision known as Wilder Mountain in Fentress County. Horst Brothers Construction, LLC is the contractor listed on the NPDES permit for the subdivision. This Order addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, failing to install and maintain adequate sediment and erosion control measures to control storm water runoff, conducting activities without the necessary permits, and causing pollution to waters of the state.

This Order requires the Respondent to conduct business in accordance with the Act and Rules promulgated pursuant to the Act. The Order assesses a civil penalty of $113,375.00, and damages of $3,180.37 due within 30 days of receipt of the Order.

Knox County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
WPC
08-0144
Permit Appeal
KUB-East Bridge STP
Respondent(s):

Location: 1523 Saylors Ford Road, Knoxville 37806
Summary:

Williamson County
Case No.
Signed Date
Action Type
Site Name
Appeal Date
5/6/2008
Expedited Director's Order
Bolt Property
Respondent(s): J. Rodney Winter; Stephen Bolt

Location: Pinewood
Summary: TNCGP violations - NOC not posted on site, No SWPPP on site, 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.


Enforcement Archives

Current Week
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Week of August 1 - August 7, 2008
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Week of June 27 - July 3, 2008
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Week of May 30 - June 5, 2008
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Week of May 16 - May 22, 2008
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Week of May 2 - May 8, 2008
Week of April 25 - May 1, 2008
Week of April 18 - April 24, 2008
Week of April 11 - April 17, 2008
Week of April 4 - April 10, 2008
Week of March 28 - April 3, 2008
Week of March 21 - March 27, 2008
Week of March 14 - March 20, 2008
Week of March 7 - March 13, 2008
Week of February 29 - March 6, 2008
Week of February 22 - February 28, 2008
Week of February 15 - February 21, 2008
Week of February 8 - February 14, 2008
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