The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 22nd Director’s Order and Assessment (“Order”) to IMI Tennessee, Inc., (“IMI”) for alleged violations of the Tennessee Water Quality Control Act. See Director’s Order No. WPC 18-0112.
The Order states that IMI is an Indiana ready mix concrete company that operates facilities in Davidson County and Sumner County, Tennessee (collectively “Facilities”).
The Facilities are stated to discharge process wastewater and stormwater runoff to Richland Creek and an unnamed tributary to Slaters Creek, respectively.
Authorization had been provided under a General Ready Mix Concrete Permit for both the West Nashville plant and Goodlettsville plants.
Anonymous complaints are stated to have been received regarding both plants. The complaint regarding the West Nashville plant is stated to have referenced the use of a hose to pump water from the wash pits into a river. As to the Goodlettsville plant there was stated to be an allegation that a concrete washout had been overflowing into a creek.
The Order alleges violations of the Water Quality Control Act which include:
- Unpermitted discharge
- Failure to adhere to the conditions of the previously referenced permits
- Altering waters of the state without permit coverage
- Causing a condition of pollution
The Order assesses a penalty of $71,500. Further, a Division of TDEC is alleged to have incurred damages in the amount of $806.26 which is also assessed.
A copy of the Order can be found here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.