Storage Tank Enforcement: Tennessee Department of Environment and Conservation and City of Gatlinburg Enter into Settlement Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Tennessee Department of Environment and Conservation (“TDEC”) and City of Gatlinburg, Tennessee entered into an October 24th Final Order and Settlement Agreement (“Agreement”) addressing an alleged violation of the Tennessee Underground Storage Tank (“UST”) regulations. See Division of Undergrounds Storage Tanks Director’s Order No. FED24-0018.

The Agreement provides that the City of Gatlinburg is the registered owner of two USTs located in Gatlinburg, Tennessee.

A referenced Order is stated to have required Gatlinburg to perform release investigation and remediation activities as mandated by Rule 0400-18-01-.06. The referenced Order is stated to have denied Gatlinburg’s Application for Fund Eligibility for the suspected release because it was submitted more than 90 days after discovery of the release.

The Order is stated to have required corrective action and assessed $3,200.00 in civil penalties.

Gatlinburg is stated to have failed to submit a timely appeal of the Order or submit any payment of civil penalties. The Order is stated to have become final on August 12th.

The TDEC Division of Underground Storage Tanks is stated to have determined that Gatlinburg corrected the alleged violations.

The Order provides that Gatlinburg will pay $2,272.00. Further, Gatlinburg is required to not allow any probation violation to occur at the facility for a period of one year from the effective date of the Agreement.

A copy of the Agreement can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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