Water Well Enforcement: Tennessee Department of Environment and Conservation Order and Assessment to Tennessee Water Well Drilling Company

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

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The Tennessee Department of Environment and Conservation (“TEC”) issued a May 2nd Director’s Order and Assessment (“Order”) to Bingham Drilling, LLC (“BD”) addressing alleged violations of Tennessee regulations regarding construction of water wells. See Case No. DWS19-0030.

The Order provides that BD owns, operates and/or controls a water well drilling company in Tennessee.

Licensed well drillers are required to submit a Notice of Intent (“NOI”) to drill a water well prior to construction of the well under certain Tennessee provisions. Further, the licensed well driller is required to submit a driller’s report on the construction of the well within 60 days after its completion. Certain fees are also required to be submitted.

BD is alleged to have failed to submit fees and driller reports for certain wells at locations identified in a table in the Order. Further, it is alleged that BD drilled wells where there had been no NOI, driller’s report or fee submitted.

The Order contains certain allegations addressing the issuance of Notice of Violation and a Compliance Review along with submittal of late reports and inspections.

The Order requires that within 45 days of its receipt, BD submit the water well construction reports for identified wells. Further, the Order proposes to assess a civil penalty of $8,040.

BD has certain appeal rights in regards to the Order pursuant to the Tennessee Code.

A copy of the Order can be downloaded here.

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