EPA v. WHEELWRIGHT, CITY OF

Case summary

THE CITY OF WHEELWRIGHT IS A SMALL COMMUNITY IN FLOYD COUNTY, KENTUCKY, IN WHICH THE UTILITY COMMISSION IS RES- PONSIBLE FOR THE CITY'S WATER, SEWER AND GAS SYSTEM. THE SYSTEM SERVES APPROXIMATELY 363 CUSTOMERS. SINCE 1979, THE CITY HAS EXPERIENCED NPDES PERMIT VIOLA- TIONS FOR: THE EXCEEDANCES OF TOTAL SUSPENDED SOLIDS (TSS), BIOCHEMICAL OXYGEN DEMAND (BOD), AMMONIA NITROGEN, DISSOLVED OXYGEN (DO), FECAL COLIFORM BACTERIA, AND NON-SUBMISSION OF DISCHARGE MONITORING REPORTS (DMRS). THE ENVIRONMENTAL PROTECTION AGENCEY, REGION IV, (EPA), AND THE COMMONWEALTH OF KENTUCKY, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, DIVISION OF WATER, (KYDOW) HAVE SOUGHT TO PROMPT THE CITY INTO COMPLIANCE WITH ITS NPDES PERMIT. EPA AND KYDOW HAVE INSPECTED AND TESTED THE CITY'S FACILITY AND COMMUNICATED THEIR RESULTS TO THE CITY. A HISTORY OF NONCOMPLIANCE HAS CAUSED EPA TO ISSUE SIX NOTICES OF VIOLATION (NOV), AND THREE ADMINISTRATIVE ORDERS (AO), AND TO HOLD THREE SHOW CAUSE MEETINGS WITH THE CITY. THE CITY'S TREATMENT PLANT WAS NOT DESIGNED TO MEET THE EFFLUENT LIMITATIONS IMPOSED WITH THE ISSUANCE OF THE PERMIT IN 1982. ADDITIONALLY, THE FACILITY HAS NOT BEEN PROPERLY OPERATED OR MAINTAINED ON A CONTINUING BASIS.

Defendants (2)

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

Facilities (1)

• WHEELWRIGHT CITY OF KY

  P O BOX 255, WHEELWRIGHT, KY, 41669

  Registry ID: 110010768650

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WHEELWRIGHT, CITY OFentered 1989-03-10

  Primary law: CWA

  Federal penalty: $2,600

Timeline (9 milestones)

• 1988-05-30Enforcement Action Data Entered
• 1988-06-30PRN Sent
• 1988-10-27Referred To Dept Of Justice
• 1988-12-19Referred TO U.S. Attorney
• 1989-02-07Complaint Filed With Court
• 1989-03-10Final Order Lodged
• 1989-03-10Final Order Entered
• 1989-03-10Concluded
• 1999-06-02Enforcement Action Closed