EPA v. JENKINS KENTUCKY, CITY OF & THE COMMONWEALTH OF KENTUCKY

Case summary

NATURE OF THE CASE THE CITY OF JENKINS IS A SMALL COMMUN- ITY IN LETCHER COUNTY, KY WHICH OWNS & OPERATES A WWTP SERV- ING APPROXIMATELY 918 HOUSEHOLDS.THE FACILITY DISCHARGES WASTEWATER INTO ELKHORN CREEK. JENKINS' WASTEWATER DISCHARG- ES ARE TO BE IN COMPLIANCE W/THE LIMITATIONS OF ITS NPDES PERMIT. JENKINS HAS EXPERIENCED VIOLATIONS OF ITS NPDES PER- MIT DATING BACK TO 1976. JENKINS HAS ALSO EXPERIENCED NUMER- OUS BYPASSES OF IMPROPERLY TREATED WASTEWATER, HAS NOT OPER- ATED THE FACILITY IN AN EFFICIENT MANNER, HAS FAILED TO SUB- MIT DMRS,& HAS FAILED TO COMPLY W/THE COMPLIANCE SCHEDULES CONTAINED IN AGENCY ISSUED ADMINISTRATIVE ORDERS. WE RECOMMEND JUDICIAL PROCEEDINGS TO OBTAIN INJUNCTIVE RE- LIEF & ASSESSMENT OF CIVIL PENALITIES. THE PURPOSE OF THIS ACTION IS TO MODIFY THE CONSENT DECREE BETWEEN THE UNITED STATES AND THE CITY OF JENKINS, KY. THIS CONSENT DECREE MODIFICATION IS NECESSARY TO REFLECT NEW CONSTRUCTION COMPLETION DATES, ESTABLISH REASONABLE INTERIM EFFLUENT LIMITS, AND ADDRESS THE STIPULATED PENALTIES WHICH HAVE ACCRUED DUE TO THE DELAY IN PROJECT CONSTRUCTION CONTRACT AWARD AND PROJECT START DATES. THE REASON FOR THIS CONSENT DECREE MODIFICATION IS TO BRING JENKINS PROJECT CONSTRUCTION DATES IN LINE WITH ACTUAL COMPLETION TIMES. THIS MODIFICATION WILL ADDRESS THE MASSIVE STIPULATED PENALTIES FOR WHICH JENKINS IS LIABLE DUE TO PROJECT CONSTRUCTION DELAYS AND SEEK A REASONABLE SETTLEMENT OF THESE STIPULATED PENALTIES. THE CITY NEEDS A REASONABLE REVISION OF THE INTERIM EFFLUENT LIMITS TO ALLOW A WORKABLE FACILITY OPERATION MARGIN ON EFFLUENT LIMITS WHILE PROJECT COMPLETION MOVES FORWARD.

Defendants (2)

• JENKINS, CITY OFNamed in complaintNamed in settlement
• KENTUCKY, COMMONWEALTH OFNamed in complaintNamed in settlement

Facilities (1)

• JENKINS WWTP

  NEAR US HWY 119, JENKINS, KY, 41537

  Registry ID: 110009938309

Statutes cited

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

Enforcement conclusions (2)

• JENKINS, CITY OFentered 1994-11-28

  Primary law: CWA

  Federal penalty: $6,000

• JENKINS, CITY OF & KENTUCKYentered 1994-11-28

  Primary law: CWA

Timeline (8 milestones)

• 1987-04-13Referred To Headquarters
• 1987-05-22Referred To Dept Of Justice
• 1987-05-22Referred TO U.S. Attorney
• 1988-01-04Complaint Filed With Court
• 1994-11-28Final Order Lodged
• 1994-11-28Final Order Entered
• 1994-11-28Concluded
• 1995-01-25Enforcement Action Closed