Nashville, TN – Madison Contractors, Inc. has been slapped with a $20,000 federal fine after pleading guilty to environmental crimes stemming from a 2010 construction project that impacted sensitive waterways and endangered species in Tennessee. The company, working as a subcontractor for Yazdian Construction, Inc., disregarded crucial environmental safeguards while installing a sewer line intended to serve a new multi-family housing development.
According to court documents, the violations occurred despite the project being subject to a U.S. Army Corps of Engineers Nationwide Permit, which included specific conditions designed to minimize environmental damage. These conditions mandated a 24-hour notification period for biological inspections *before* any in-stream work commenced, a prohibition on operating equipment directly in the stream, and the implementation of erosion control measures – all of which were allegedly ignored by Madison Contractors employees.
An inspection of the construction site revealed significant and immediate environmental harm. Both stream beds were found to have been graded, with no silt fences in place to prevent sedimentation. Loose dirt had already washed into the waterways, clouding the water and potentially harming aquatic life. Perhaps most concerning, a hoe ram was actively being used to cut into the streambed, exceeding the bounds of the permitted activity, and operating dangerously close to the water’s edge.
The damage extended beyond simple erosion and sedimentation. A cofferdam constructed using unwashed crusher-run limestone experienced a breach, releasing the material directly into the stream. This caused a localized spike in the water’s pH level, potentially disrupting the delicate ecosystem and endangering the habitat of several protected species, including the critically endangered Nashville crayfish (*Orconectes shoupi*). The incident constitutes a “taking” of an endangered species, a serious offense under federal law.
On April 20, 2010, the defendants were formally charged with one count of violating the Endangered Species Act (16 U.S.C. 1540), specifically for knowingly violating provisions designed to protect threatened and endangered species. Simultaneously, they faced charges under the Clean Water Act (33 U.S.C. 1311(a)) for the illegal discharge of pollutants into a U.S. waterway. Both Madison Contractors, Inc. and Yazdian Construction, Inc. ultimately pled guilty to a Class A misdemeanor violation of the Clean Water Act on January 20, 2011, in addition to the federal fine levied against Madison Contractors.
Key Facts
- Defendant: Madison Contractors, Inc. & Yazdian Construction, Inc.
- Location: Tennessee
- Year: 2011
- Laws Violated: Endangered Species Act (16 U.S.C. 1540), Clean Water Act (33 U.S.C. 1311(a) & 1319(c)(1)(A))
- Environmental Impact: Stream sedimentation, pH level increase, habitat disruption for endangered Nashville crayfish.
- Penalty: $20,000 federal fine for Madison Contractors, Inc. and misdemeanor guilty pleas for both companies.
This case underscores the importance of strict adherence to environmental regulations during construction projects. The EPA’s enforcement actions serve as a reminder that companies can face significant financial and legal consequences for prioritizing profit over environmental protection. The long-term impact on the Nashville crayfish population and the affected waterways remains to be assessed.
Source: EPA ECHO Enforcement Case Database
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