EPA v. WINCHESTER MUNI UTIL (STRODES CREEK WTP)

Case summary

WINCHESTER MUNICIPAL UTILITIES (WMU) IS A KENTUCKY MUNI- CIPAL UTILITY ENGAGED IN THE TREATMENT OF WASTEWATER FROM BOTH DOMESTIC AND INDUSTRIAL CONTRIBUTORS. WMU OPERATES THE STRODES CREEK WASTEWATER TREATMENT PLANT, WHICH DIS- CHARGES INTO STRODES CREEK, THEN TO STONER CREEK, THEN TO THE SOUTH FORK LICKING RIVER, ALL WATERS OF THE U.S. THE STRODES CREEK WWTP WAS CONSTRUCTED WITH PARTIAL FEDERAL PARTICIPATION. CONSTRUCTION OF THE STRODES CREEK WWTP WAS BEGUN IN JULY 1978 AND WAS COMPLETED IN JULY 1980. THE STRODES CREEK FACILITY HAS EXPERIENCED MECHANICAL PROBLEMS SINCE INITIAL{ START-UP. WMU CONTENDS THAT THE MECHANICAL PROBLEMS ARE CAUSED BY: 1) INADEQUATE DESIGN BY THE ENGINEER, 2) IMPROPER CONSTRUCTION BY THE CONTRACTORS, AND 3) INFERIOR EQUIPMENT FURNISHED BY THE MAJOR BIOLOGICAL TREATMENT EQUIPMENT SUP- PLIERS. THE CITY OF WINCHESTER HAS FILED SUITS AGAINST THE DESIGN ENGINEER, CONTRACTOR, AND AN EQUIPMENT SUPPLIER BECAUSE PF ALLEGED DESIGN ANDMECHANICAL DEFICIENCIES.

Defendants (2)

• KENTUCKY, COMMONWEALTH OFNamed in complaintNamed in settlement
• WINCHESTER MUNICPAL UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• STRODES CREEK WWTP

  26 WALL ST, WINCHESTER, KY, 40391

  Registry ID: 110010619580

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• WINCHESTER MUNICIPAL UTILITIESentered 1988-05-06

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 1984-05-04Referred To Dept Of Justice
• 1984-08-15Referred TO U.S. Attorney
• 1984-08-31Complaint Filed With Court
• 1988-05-06Final Order Entered
• 1988-05-06Concluded
• 1988-05-06Final Order Lodged
• 1992-03-06Enforcement Action Closed
• 1998-07-14Enforcement Action Data Entered