EPA v. EAST KENTUCKY BEVERAGE CO.

Case summary

SYNOPSIS OF THE CASE EAST KENTUCKY BEVERAGE CO., INC., OPERATES A SOFT DRINK BOTTLING PLANT IN COAL RUN VILLAGE, KENTUCKY. COAL RUN VILLAGE IS IN EASTERN KENTUCKY NEAR THE CITY OF PIKE- VILLE. AN NPDES PERMIT NUMBER KY0041068 WAS ISSUED TO THE COMPANY EFFECTIVE JANUARY 27, 1977, WITH AN EXPIRATION DATE OF JANUARY 27, 1982. THE PERMIT CONTAINED INTERIM EFFLUENT LIMITATIONS UNTIL JULY 1, 1977, AT WHICH TIME THE COMPANY, ALONG WITH ALL OTHER INDUSTRIES, WAS REQUIRED TO BE IN COM- PLIANCE WITH FINAL EFFLUENT LIMITS. THE COMPANY HAS ONE DISCHARGE POINT CONSISTING OF SANITARY, PROCESS, AND NON- CONTACT COOLING WATER WHICH DISCHARGES INTO LEVISA FORK OF THE BIG SANDY RIVER. SINCE THE PERMIT WAS ISSUED AND BECAME EFFECTIVE IN JANUARY 1977, THE COMPANY HAS BEEN IN CONTINUING VIOLATION OF THE PERMIT. THE PERMIT HAD LIMITS ESTABLISHED FOR BOD, TOTAL SUSPENDED SOLIDS (TSS), FECAL COLIFORM AND PH. IN ADDITION, IT REQUIRED THE COMPANY TO MONITOR AND REPORT FLOW. AT NO TIME IN THE PAST SIX YEARS HAS THE COMPANY RE- PORTED EITHER FECAL COLIFORM OR FLOW TO THE AGENCY. THE COMPANY HAS FEW MONTHS WHERE IT COMPLIED WITH THE BOD LIMITS OR THE TSS LIMITS. THE CONTINUING NATURE AND SEVERITY OF THE VIOLATIONS IS SHOWN IN THE TABLE OF VIOLATIONS FOUND AT PAGE 17. THE REGION HAD NOT FOCUSED ON THIS COMPANY BEFORE JANUARY OF THIS YEAR BECAUSE IT WAS IN THE MINOR CATEGORY AND THE LACK OF ANY ENVIRONMENTAL DAMAGE CAUSED BY THE DIS- CHARGE. THE PROGRAM STAFF STARTED REVIEWING THE COMPLIANCE STATUS OF THE FACILITY IN JANUARY OF THIS YEAR. WHEN THE EXTENT OF THE VIOLATIONS BECAME APPARENT, THE COMPANY WAS CALLED IN FOR A SHOW CAUSE MEETING. AT THE MEETING, THE COMPANY ATTEMPTED TO EXPLAIN WHY THERE WAS STILL NON-COM- PLIANCE AT THE FACILITY BUT COULD NOT JUSTIFY A SIX YEAR DELAY. IN ADDITION TO THE VIOLATIONS OF THE PERMIT LIMITS, THE COMPANY IS TECHNICALLY DISCHARGING WITHOUT A PERMIT AS OF THE EXPIRATION DATE OF JANUARY 27, 1982. UNDER THE AD- MINISTRATIVE PROCEDURES ACT, THE TERMS AND CONDITIONS ON AN EXPIRED PERMIT ARE CONTINUED IN EFFECT IF, AND ONLY IF, TIMELY REAPPLICATION MUST BE FILED AT LEAST 180 DAYS PRIOR TO THE EXPIRATION DATE OF THE PERMIT. THERE IS A LETTER FROM EAST KENTUCKY INDICATING THAT IT HAD RECEIVED AN EX- TENSION OF THAT DEADLINE. EVEN ACCEPTING THAT LETTER AS ESTABLISHING A NEW DEADLINE FOR FILING A REAPPLICATION, THE COMPANY HAD STILL NOT FILED APPLICATION AS OF SEPTEMBER 15, 1983. UNDER THESE CIRCUMSTANCES, THE COMPANY HAS HAD AN UN- PERMITTED DISCHARGE SINCE JANUARY 27, 1982. BASED ON THE MAGNITUDE AND THE LONGEVITY OF THE IN- STANCES OF NONCOMPLIANCE AND THE COMPANY'S CONTINUED FAILURE TO COMPLETE CONSTRUCTION OF WASTE TREATMENT FACILITIES IT IS RECOMMENDED THAT THIS CASE BE REFERRED TO THE DEPARTMENT OF JUSTICE FOR INITIATION OF CIVIL ACTION FOR INJUNCTIVE RELIEF AND ASSESSMENT OF CIVIL PENALTIES.

Defendants (1)

• EAST KENTUCKY BEVERAGE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• EAST KENTUCKY BEVERAGE CO INCORPORATED

  927 N. MAYO TRAIL, PIKEVILLE, KY, 41501

  Registry ID: 110002108576

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• EAST KENTUCKY BEVERAGE COMPANYentered 1987-03-11

  Primary law: CWA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1983-09-30Referred To Headquarters
• 1983-11-03Referred To Dept Of Justice
• 1984-02-29Referred TO U.S. Attorney
• 1984-03-01Complaint Filed With Court
• 1987-03-11Final Order Entered
• 1987-03-11Concluded
• 1987-03-11Final Order Lodged
• 1990-03-28Enforcement Action Closed