EPA v. DAVID MILLER, LLC (OAKLAWN ESTATES)

Case summary

6/8/10 - CIVIL COMPLAINT ALLEGING VIOLATIONS OF SECTION 301 OF THE CWA FOR DISCHARGING STORMWATER WITHOUT A SECTION 402 PERMIT AND FOR VIOLATIONS OF TN GENERAL NPDES PERMIT FOR DISCHARGES OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES. 7/15/11 - DEFAULT JUDGMENT (04-2011-C010) ENTERED BY COURT, REQUIRING PAYMENT OF $837,500 IN PENALTIES. THIS CASE INVOLVES DISCHARGES OF STORMWATER FROM THE OAKLAWN ESTATES SITE BOTH WITHOUT THE REQUIRED PERMIT AND IN VIOLATION OF THE TN CONSTRUCTION GENERAL PERMIT. THE SITE WAS INITIALLY OWNED BY LATTING ROAD PARTNERS, LLC, BUT WAS SOLD IN APR 2005 TO DAVID MILLER, LLC. ONLY ONE OWNER (DAVID MILLER, LLC) IS CONSIDERED TO BE A DEFENDANT. EPA SOUGHT INJUNCTIVE RELIEF AND A CIVIL PENALTY. ON 6/8/10, A COMPLAINT WAS FILED. THE CIVIL COMPLAINT, WHICH ALLEGED VIOLATIONS OF CWA SEC 301 FOR DISCHARGING STORMWATER W/OUT A SECTION 402 PERMIT AND FOR VIOLATIONS OF TN GENERAL NPDES PERMIT FOR DISCHARGES OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES. A DEFAULT JUDGMENT WAS ENTERED ON 7/15/11 FOR LACK OF SETTLEMENT/PAYMENT.

Defendants (2)

• LATTING ROAD PARTNERS, LLC
• DAVID MILLER, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• OAKLAWN ESTATES PD

  LETTING ROAD, EADS, TN, 38088

  Registry ID: 110022873130

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DAVID MILLER, LLC (OAKLAWN ESTATES) (04-2011-C020)entered 2011-07-15

  Primary law: CWA

  Federal penalty: $837,500

Timeline (7 milestones)

• 2007-09-21Referred To Dept Of Justice
• 2007-09-25Enforcement Action Data Entered
• 2010-06-08Complaint Filed With Court
• 2011-07-15Final Order Lodged
• 2011-07-15Concluded
• 2011-07-15Final Order Entered
• 2016-06-01Enforcement Action Closed