Those who do earthmoving work without erosion and sediment control measures sometimes are taking calculated chances—maybe they’ll get away with it, and maybe they’ll get caught and pay a fine, or worse. What usually doesn’t happen, though, is a long debate once they are caught about whether they were violating an ordinance or actually working for the public good.
That was the issue last week in Farragut, Tennessee, where a local business owner was fined for violations of the stormwater ordinance. He was clearing land with no erosion control measures in place, and what’s more, he was doing it within an aquatic buffer.
The business owner, however, claimed he was doing a public service by cleaning out an overgrown detention pond on his property that people had turned into a “city dump.” “I’ve cleared up a dump right in the center of Farragut …and I get crucified for cleaning it up,” he said. “I’m insulted, basically.”
The situation was discussed at length at a city board meeting, with town engineering staff and the chair of the stormwater advisory committee arguing for the fine, but with two of the aldermen siding at least in part with Mike Thomas, the business owner. “I kind of agree with Mr. Thomas,” said one, while another congratulated him for his work in cleaning out the basin. The board eventually voted 4 to 1 to levy fines against Thomas.
When violations were first noted in February, the city levied a $250 fine against Thomas; when he didn’t pay it and proceeded with the work, it eventually issued a stop-work order, which he ignored. He now faces $950 in civil penalties.