EPA v. EAST TENNESSEE GRADING, INC.

Case summary

12/20/05 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. BASED ON INFO OBTAINED FROM THE U.S. ARMY CORPS OF ENGINEERS AND TENNESSEE DEPT OF ENVIRONMENT AND CONSERVATION, AND A SITE INSPECTION CONDUCTED BY EPA ON SPETEMBER 20, 2005, EPA HAS DETERMINED THAT EAST TENNESSEE GRADING, INC. AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDNET, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT THE DISCHARGE AREA. THE DEPOSITION OF FILL MATERIAL OCCURRED DURING DREDGING ACTIVITIES AND STREAM CLEARING CHANNELIZATION WORK IN ROARING CREEK. THE IMPACT AREA IS APPROX 6,500 LINEAR FEET LONG BY 100 FEET WIDE. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OR ANY DREDGED OR FILL MATERIAL INTO WATERS OF U.S. WITHIN THE DISCHARGE AREA. WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.

Defendants (1)

• EAST TENNESSEE GRADING, INC. (SB)Named in settlement

Facilities (1)

• WETLANDS (RHEA COUNTY, TN)

  SITE NEAR PIKEVILLE AVENUE, GRAYSVILLE, TN, 37338

  Registry ID: 110024284406

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• EAST TENNESSEE GRADING, INC.entered 2005-12-20

  Primary law: CWA

Timeline (2 milestones)

• 2005-12-20Final Order Issued
• 2006-01-30Enforcement Action Data Entered