EPA v. Kentucky Utilities - EW Brown Station (Referral)

Case summary

'On 10/2/99 - The Kentucky Utilities Company discharged approximately 38,000 gallons of diesel fuel from the E.W. Brown Generating Station. The fuel spilled into Cedar Branch Creek. Kentucky Utilities conducted a removal in response to the spill. In addition to the spill, Kentucky Utilities had not prepared a Facility Response Plan, as required. On September 17, 2002, EPA, Region 4, prepared and forwarded a referral to file a complaint against Kentucky Utilities Company for violations of 311(b)(3) and 311(j)(5) for the spill and failure to prepare a Facility Response plan. On 9/26/02, EPA HQ approved the referral and forwarded it to D

Defendants (1)

• KENTUCKY UTILITIES COMPANYNamed in complaintNamed in settlement

Facilities (2)

• KENTUCKY UTILITIES COMPANY EW BROWN STATION

  CURDSVILLE ROAD, BURGIN, KY, 40310

  Registry ID: 110000872397

• KENTUCKY UTILITIES COMPANY EW BROWN STATION

  CURDSVILLE ROAD, BURGIN, KY, 40310

  Registry ID: 110000872397

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• Kentucky Utilities - EW Brown Station (04-2006-C001)entered 2005-12-23

  Primary law: CWA

  Federal penalty: $228,569 · SEP: $1,500,000

Timeline (9 milestones)

• 2002-09-17Referred To Headquarters
• 2002-09-26Referred To Dept Of Justice
• 2002-10-05Enforcement Action Data Entered
• 2005-02-11Supplemental Referral-Adding parties, counts
• 2005-12-23Concluded
• 2005-12-23Final Order Entered
• 2005-12-23Final Order Lodged
• 2005-12-23Complaint Filed With Court
• 2009-02-23Enforcement Action Closed