EPA v. Finance & Administration Cabinet Div of Engineering, Commonwealth of Kentucky (Cease & Desist Order)

Case summary

1/6/04 - CEASE AND DESIST ORDER ISSUED. THIS ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WHICH ARE LOCATED IN THE OLD CHANNEL OF THE LEVISA FORK OF THE BIG SANDY RIVER AT IT CONFLUENCE WITH LOWER CHLOE CREEK IN PIKEVILLE, PIKE COUNTY, KENTUCKY. THE DISCHARGE AREA STARTS AT SUMMIT DRIVE AND PROCEEDS NORTH WITHIN THE ORDINARY HIGH WATER MARK OF THE OLD CHANNEL OF LEVISA FORK OF THE BIG SANDY RIVER TO THE CHECK DAM AND SEDIMENT STRUCTURE. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF THE EASTERN KENTUCKY EXPOSITION CENTER. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADDITIONAL DISCHARGES INTO THE DISCHARGE AREA OF ANY POLLUTANT AS DEFINED BY SECTION 502(6) OF THE CWA. RESPONDENT SHALL, WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. RESPONDENT SHALL SUBMIT A PLAN TO EPA WITHIN 15 DAYS OF RECEIPT OF THIS ORDER DESCRIBING HOW THE RESONDENT INTENDS TO RESTORE THE DISCHARGE AREA TO PRE-PROJECT ELEVATIONS AND CONDITIONS. THIS RESTORATION PLAN MUST INCLUDE THE SCOPE OF ACTIVITIES THE RESPONDENT WILL UNDERTAKE INCLUDING BEST MANAGEMENT PRACTICES TO PREVENT ADDITIONAL DISCHARGES TO WATERS OF THE U.S. ONCE EPA PROVIDES ITS COMMENTS ON THE RESTORATION PLAN, RESPONDENT WILL INCORPORATE ANY SUCH COMMENTS IN THE RESTORATION PLAN. WITHIN 30 DAYS FROM THE DATE RESPONDENT RECEIVES EPA'S COMMENTS ON THE RESTORATION PLAN, RESPONDENT MUST COMPLETELY RESTORE THE DISCHARGE AREA IN ACCORDANCE WITH THE RESTORATION PLA

Defendants (1)

• KENTUCKY, COMMONWEALTH OFNamed in settlement

Facilities (1)

• WETLANDS (COMMONWEALTH OF KENTUCKY)

  OLD CHANNEL-LIVISA FORK OF BIG SANDY RIV,SUMMIT RD, PIKEVILLE, KY, 41501

  Registry ID: 110017347085

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• KENTUCKY, COMMONWEALTH OFentered 2004-01-06

  Primary law: CWA

Timeline (2 milestones)

• 2004-01-06Final Order Issued
• 2004-02-19Enforcement Action Data Entered