EPA v. BANK OF BARTLETT (OAKLAWN ESTATES)

Case summary

12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: EPA, IN CONJUNCTION WITH THE STATE OF TENNESSEE'S DEPARTMENT OF ENVIRONMENT AND CONSERVATION ( TDEC ) CONDUCTED AN INSPECTION OF THE SITE ON APRIL 22, 2009. DURING THIS INSPECTION, EPA DOCUMENTED THAT : 1) SEVERAL PORTIONS OF THE SITE WERE NOT STABILIZED, CONTAINING EXPOSED SOIL WITH INSUFFICIENT VEGETATIVE COVERAGE, 2) STORM WATER CONTROLS AT THE SITE WERE NOT BEING PROPERLY MAINTAINED, 3) SIGNIFICANT DEPOSITS OF SEDIMENT WERE PRESENT IN THE UNNAMED TRIBUTARY TO FIELD CREE ( UT ), 4) IMPROPERLY CONSTRUED UTILITY CROSSINGS WERE OBSTRUCTING THE FLOW OF GRAYS AND FIELD CREEKS, AND 5) LARGE GULLIES AND OTHER EROSIONAL FEATURES WERE PRESENT THROUGHOUT THE SITE. THE RIP RAP AND EARTHEN MATERIAL THAT WERE DOCUMENTED IN GRAYS CREEK AND FIELD CREEK CONSTITUTE DREDGED AND/OR FILL MATERIAL THAT WAS DISCHARGED INTO THE TRIBUTARIES ON AND AROUND THE SITE USING EARTH MOVING MACHINERY, DURINGTHE CLEARING AND FILLING OF THE SITE FOR RESIDENTIAL DEVELOPMENT. EPA ALSO DOCUMENTED DISCHARGES OF SEDIMENT INTO THE UT, RESULTING FROM INADEQUATELY MAINTAINED EROSION CONROL MEASURES, LARGE AREAS OF UNSTABILIZED SOIL, AND THE NUMBEROUS EROSIONAL FEATURES ON THE SITE. THE DISCHARGES OF SEDIMENT INTO THE UT CONSTITUTE THE DISCHARGE OF POLLUTANTS INTO WATERS OF THE US. EACH DAY THE DREDGED AND/OR FILL MATERIAL REMAINS IN WATES OF THE US WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, CONSTITUTES A DAY OF VIOLATION OF SECTION 301, OF THE CWA, EE U.S.C. SECTION 1311. THEREFORE, RESPONDENT IS ENTERING THIS CACOAND AGREES TO PERFORM THE CORRECTIVE ACTION SET FORTH IN PARAGRAPH 26 WITH THE INTENTION OF RESOLVING THOSE VIOLATIONS OF SECTIONS 301, 402, AND 404 OF THE CWA, SECTIONS 1311, 1342, AND 1344, THAT EPA DOCUMENTED AT THE SITE DURING ITS APRIL 22, 2009 INSPECTION.

Defendants (1)

• BANK OF BARTLETTNamed in settlement

Facilities (1)

• OAKLAWN ESTATES

  N. SIDE OF LETTING RD. @ MT. AIRY DR., EADS, TN, 38028

  Registry ID: 110039156276

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BANK OF BARTLETT (OAKLAWN ESTATES)entered 2009-12-21

  Primary law: CWA

Timeline (2 milestones)

• 2009-12-21Final Order Issued
• 2009-12-30Enforcement Action Data Entered