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Five developers, including Maryville's Mike Ross of Rarity Communities, have been hit with the largest fines ever issued by Tennessee for water pollution.

The state charges that the five developers let rainwater carry mud and chemicals from construction and development sites into nearby creeks and lakes.

The total amount of fines is more than $3 million.

The developments named in the charges from the Tennessee Department of Environment and Conservation (TDEC) are in Franklin, Humphreys, Loudon, Marion and Polk Counties.

Ross, who was assessed $346,000 in fines for his Rarity Pointe development on Tellico Lake, has already filed an appeal.

"We sent an appeal letter out on Tuesday," said attorney Louis Crossley of the Long, Ragsdale and Waters law firm in Knoxville that represents Ross.

"The state would have received it (Wednesday) morning. The only grounds for the appeal stated in the letter were the order is arbitrary and capricious.

"Once we roll up our sleeves and investigate this, we may add to it — but we wanted to get the appeal in."

The order issued by TDEC also names Sharp Contracting of Maryville as a contractor to Rarity Communities on the Rarity Pointe project.

Rarity Pointe is a Loudon County development with a golf course, yacht club, swimming pool, tennis courts and clubhouse. Home sites in Rarity Pointe sold for $250,000 to $625,000 each.

While the developers argue that runoff is little more than "dirt and mud," the state claims that chemical-laden silt is washing from the developments, causing the worst water-pollution problem in Tennessee.

In a written statement, TDEC said its mission is to "preserve and protect the right of the people of Tennessee to have safe and clean water, to regulate the discharge of storm water associated with construction activities for the protection of Tennessee's waters."

According to TDEC, silt is the primary pollutant from construction sites, causing impairment by altering the physical, chemical and biological properties of streams, lakes and wetlands. Silt is also the largest cause of stream impairment in Tennessee, impacting 5,800 stream miles and 18,000 lake acres in Tennessee.

Silt alters the physical properties of waters by restricting light penetration, altering temperature, decreasing the depths of pools, and restricting flow. It also alters the chemical properties of waters by interfering with photosynthesis, reducing dissolved oxygen, adding nutrients, and transporting organic chemicals and metals.

TDEC officials claim silt alters the biological properties of waters by smothering fish eggs, clogging gills, interfering with feeding, and covering natural habitats.

Pollution due to siltation can have a significant economic impact on local communities due to increased water treatment and maintenance costs and the increased risk of flooding that causes both traffic hazards and damage to property and structures, according to TDEC.

Dana Coleman, communications director for TDEC, said, "While it is not the department's goal to stand in the way of development, we are committed to making sure it is accomplished in accordance with state and federal regulations and protective of Tennessee's natural resources.

"But when our water quality laws are violated, the department will take those steps necessary to compel compliance, including enforcement."

Other developers who were fined along with Ross TDEC crackdown were Travis and Rarity Communities during the Shields, Richardson M. Roberts, Ronnie Tipton and Travis Colwell.

Quick review expected

Crossley said he expects the appeal he filed for Rarity Communities to be reviewed quickly.

"We requested that they not immediately schedule a hearing so we could discuss this with attorneys from the state to reach an agreed resolution," Crossley said.

"Typically, the Water Quality Control Board would hear the appeal. They would review the appeal before it could be forwarded on to a chancery court in Nashville."

While fines like the ones issued to these developers are not common in Tennessee, the state says it has effectively reduced industrial water pollution in the state through its efforts with the Environmental Protection Agency and is now turning its attention to storm-water runoff.

"I can tell you that we see developers of all sizes instituting effective erosion prevention and sediment controls on their sites to protect waters of the state," Coleman said.

The TDEC orders give each of the developers charged 30 days to appeal.