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FISCAL YEAR: 2011
1. PRINCIPAL DEFENDANT: Madison Contractors, Inc.
M.D. Tennessee 3:20-00085
M.D. Tennessee 3:20-00085
2. DEFENDANT: Yazdian Construction, Inc.
M.D. Tennessee 3:20-00085
M.D. Tennessee 3:20-00085
Madison Contractors, working for Yazdian Construction, violated the special conditions of a U.S. Army Corps of Engineers Nationwide Permit for the installation of an 8-inch sewer line to serve a proposed multi-family subdivision.
The special conditions of the permit, including a 24 hours notification for a biologist inspection prior to any work, prohibits instream equipment operation, the use of erosion devices to prevent stream sedimentation. These conditions were ignored by employees of Madison while building the pipeline and resulted in the taking of various endangered species, including Orconectes shoupi (Nashville Crayfish). During an inspection it was noted that both stream beds were graded, no silt fences were installed and significant amounts of loose dirt had washed into the stream. In addition, a hoe ram had been used to cut into the streambed, under the permit, and was currently operating on the edge of the stream. Also, a cofferdam built was bags of unwashed crusher-rum limestone had caused a local increase in the streams pH level, when several bags had burst, releasing the crusher-run directly into the stream.
The special conditions of the permit, including a 24 hours notification for a biologist inspection prior to any work, prohibits instream equipment operation, the use of erosion devices to prevent stream sedimentation. These conditions were ignored by employees of Madison while building the pipeline and resulted in the taking of various endangered species, including Orconectes shoupi (Nashville Crayfish). During an inspection it was noted that both stream beds were graded, no silt fences were installed and significant amounts of loose dirt had washed into the stream. In addition, a hoe ram had been used to cut into the streambed, under the permit, and was currently operating on the edge of the stream. Also, a cofferdam built was bags of unwashed crusher-rum limestone had caused a local increase in the streams pH level, when several bags had burst, releasing the crusher-run directly into the stream.
April 20, 2010
The defendants were charged with one count of violating the Endangered Species Act {16 U.S.C. 1540 - knowingly violates} and one count of violating the CWA {33 U.S.C. 1311(a) - illegal pollutant discharge}.
CITATION: 16 U.S.C. 1540, 33 U.S.C. 1319(c)(1)(A)
January 20, 2011
Madison Contractors, Inc. and Yazdian Construction, Inc. pled guilty to one count each of violating the Clean Water Act by discharge of pollutants into a Water of the United States, a Class A misdemeanor.
January 20, 2011
The defendants were sentenced to pay a $20,000 federal fine.
STATUTE:
- Clean Water Act (CWA)
- Endangered Species Act (Endangered Species Act)