EPA v. SOMERSET, KY, CITY OF/PITMAN CREEK

Case summary

NATURE OF THE CASE: THE TOWN OF SOMERSET, KY HAS FOR AN UNDETERMINED LENGTH OF TIME, DISCHARGED POLLUTANTS THROUGH TWO BLOWOFF PIPES INTO PITMAN CREEK. THEY HAVE ALSO DIS- CHARGED POLLUTANTS THROUGH A PIPE AT ITS PARKER MILL ROAD GRIT FACILITY INTO SINKING CREEK. SOMERSET DOES NOT HAVE A NPDES PERMIT FOR THE PIPES REFERRED TO. ON MARCH 11, 1981, EPA ISSUED TO SOMERSET NPDES PERMIT NO. KY0026611, SETTING LIMITATIONS ON POLLUTANT DISCHARGES FROM THE CHANEY WTP TO PITMAN CREEK. SOMERSET HAS VIOLATED ITS NPDES PERMIT AT RELEVANT TIMES. RECOMMENDED ACTION: PLAINTIFFS PRAY THAT THE COURT: EN- JOIN DEFENDANTS FROM VIOLATING THE TERMS AND CONDITIONS OF SOMERSET'S NPDES PERMIT, ENJOIN DEFENDANTS FROM DISCHARGING POLLUTANTS INTO SINKING CREEK, ENJOIN DEFENDANTS FROM BY- PASSING WASTES TO PITMAN CREEK EXCEPT IN STRICT COMPLIANCE WITH SOMERSET'S NPDES PERMIT; ENJOIN SOMERSET FROM AUTHOR- IZING THE INTRODUCTION INTO ITS CHANEY WTP OF ANY POLLUTANTS FROM ANY NEW SOURCE, AND ANY ADDITIONAL POLLUTANTS FROM ANY EXISTING SOURCE UNTIL IT HAS DEMONSTRATED CONSISTENT COM- PLIANCE FOR AT LEAST ONE FULL YEAR WITH ITS NPDES PERMIT. ENJOIN DEFENDANTS TO PERMANENTLY SEAL THE BLOW PIPES AT PITMAN CREEK; TO REMOVE THE PIPE AT THE PARKER MILL ROAD GRIT FACILITY; IMPOSE A PENALTY NOT TO EXCEED $10,000 PER DAY FOR EACH VIOLATION OF THE CWA; GRANT PLAINTIFFS ATTOR- NEYS' FEES AND COST OF SUIT; AND ANY OTHER RELIEF AS THE COURT DEEMS APPROPIATE.

Defendants (3)

• CARROLL, ROGERNamed in complaintNamed in settlement
• FLOYD, PAULNamed in complaintNamed in settlement
• SOMERSET, KY, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CHANEY OTIS B MEMORIAL WTP

  KY HWY 1247, SOMERSET, KY, 42501

  Registry ID: 110010619660

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SOMERSET, KY CITY OFentered 1986-07-18

  Primary law: CWA

  Federal penalty: $36,000

Timeline (8 milestones)

• 1984-06-01Referred To Headquarters
• 1984-06-08Referred To Dept Of Justice
• 1984-06-14Referred TO U.S. Attorney
• 1984-06-28Complaint Filed With Court
• 1986-07-18Final Order Lodged
• 1986-07-18Final Order Entered
• 1986-07-18Concluded
• 1992-02-10Enforcement Action Closed