RBT Enterprises in Violation of TDEC Permit

by Leslie Lytle, Messenger Staff Writer

In a correspondence dated March 12, 2021, the Tennessee Department of Environment and Conservation (TDEC) sent RBT Enterprises a Notice of Violation (NOV). The notice states “A complaint investigation was conducted by Division of Water Resources inspector Natalie Lankford at the referenced project site on Feb. 26, 2021. The purpose of the investigation was to assess the site’s compliance with the requirements of the Tennessee General Permit No. TNR10-0000, Construction General Permit for Stormwater Discharges from Construction Activities (CGP).”

According to the NOV, the following conditions were observed during the Division’s investigation:

• There were areas where erosion prevention and sediment control (EPSC) measures were either absent, not being maintained or inadequate.

• The sediment traps have not been installed as required by the Stormwater Pollution Prevention Plan (SWPPP) for this site.

• The construction exit being utilized for this site has not been properly installed and is not included on the SWPPP.

• Sediment has entered Waters of the State at multiple locations with absent or inadequate erosion control measures.

• The Notice of Coverage was not posted at the site, nor was the location of the SWPPP.

These conditions are violations of your coverage under the CGP. Failing to comply with the terms and conditions of the CGP is a violation of the Tennessee Water Quality Control Act of 1977 (TCA § 69-3-101 et. seq.).

The NOV listed the following “required actions” to be taken:

• Install or maintain any EPSC measures necessary to control the loss of sediment from the site no later than seven days after your receipt of this letter.

• The sediment traps called for in the SWPPP must be installed no later than March 31, 2021.

• The Notice of Coverage must be posted at the site entrance no later than seven days after your receipt of this letter.

• A copy of all inspection reports for January and February, 2021, must be submitted to this office no later than ten days after your receipt of this letter.

• Photographic documentation of corrected EPSC measures must be submitted to this office no later than April 7, 2021.

The NOV stipulated “Failure to comply with these required actions may result in an escalation of enforcement actions including, but not limited to, monetary penalties.”

The NOV can be viewed online at <http://tdec.tn.gov:8080/pls/en...;.

The NOV states the correspondence was sent by certified mail to Mr. Rodney Kilgore RBT Enterprises, 801 Dixie Lee Highway, Monteagle, TN 37356. The subject heading of the letter reads: “Notice of Violation, Petro Monteagle, TNR113542, Monteagle, Marion County, Cave Cove Creek watershed.” As of press time, the NOV has not been delivered. According to United States Post Office (USPS) tracking information, an attempt was made to deliver the certified letter March 17. No authorized recipient was available. USPS left a notice advising Kilgore to pick up the letter or make arrangements for delivery. Tracking information can be viewed at the USPS website. The tracking number appears on the NOV.

TDEC made a further attempt to contact Kilgore on March 22. “We called the developer today [March 22], to notify him of the certified letter. We will also send a copy via email today,” said Kim Schofinski, Deputy Communications Director for the Tennessee Department of Environment and Conservation.

As noted above, receipt of the letter announcing the NOV sets in motion a timeline for performing the “required actions.” According to Schofinski, “The relevant timelines in the NOV will start either when the certified letter is picked up or when we get a ‘read receipt’ from the email.”

The Messenger staff tried to contact Kilgore by phone. As of press time Kilgore had not returned our calls. The Messenger staff also contacted members of the Monteagle Mayor’s office and Monteagle Town Council by email. The Monteagle mayor’s office and all but one alderperson did not reply to a request for comments. Only Alderman Nate Wilson responded. “We are monitoring it,” Wilson said.