EPA v. SANITATION DISTRICT NO. 1 OF NORTHERN KENTUCKY (SD 1)

Case summary

On June 23, 2005, Region 4 referred to the Department of Justice for civil enforcement violations of Section 301 of the Clean Water Act (CWA) by Sanitation District No. 1 of Northern Kentucky (SD#1) for unauthorized discharges of pollutants into waters of the United States and other National Pollutant Discharge Elimination System (NPDES) permit deficiencies. SD#1 is a municipal entity created in 1995 by the Commonwealth of Kentucky's legislature. SD#1 was created to provide sanitary sewer and stormwater drainage service for residential, commercial and industrial entities throughout Boone, Campbell and Kenton Counties, Kentucky. This area includes the cities of Covington and Newport and the Cincinnati airport. SD#1 is currently responsible for the operation and maintenance of one (1) major regional wastewater treatment facilities, eight (8) minor treatment plants, about 1,500 miles of combined and separate sewer lines, approximately 128 pump stations, and other sewer and stormwater facilities. All of these facilities are regulated under NPDES permit requirements of the CWA as implemented by the Commonwealth of Kentucky. SD#1 discharges treated, partially treated and untreated wastewater into the Ohio River and other creeks that flow into the Ohio River, which are navigable waters of the United States, as defined by Section 502(7) of the CWA. Certain of these discharges are not in compliance with an NPDES permit and thus are violations of Section 301 of the CWA. SD#1's CWA violations can be divided into five (5) general categories as follows: (1) sanitary sewer overflows (SSOs) from the separated portion of its sewer collection system, (2) unpermitted discharges/bypasses of wastewater at its wastewater treatment plants, (3) unpermitted discharges, including in dry weather, from the combined sewer system and other failures to comply with NPDES CSO permit requirements to implement the Nine Minimum Controls, (4) failure to comply with NPDES CSO permit requirements to implement an adequate Long Term Control Plan, and (5) exceedances of the effluent limits of its NPDES permits

Defendants (1)

• SANITATION DISTRICT NO. 1 OF NORTHERN KYNamed in complaintNamed in settlement

Facilities (3)

• NORTHERN KY SANITATION DISTRICT 1- DRY CREEK

  2999 AMSTERDAM RD, ERLANGER, KY, 41017

  Registry ID: 110039639736

• WESTERN REGIONAL WATER RECLAMATION FACILITY

  5459 BELLVIEW RD, PETERSBURG, KY, 41080

  Registry ID: 110055043705

• NORTHERN KY SANITATION DISTRICT 1- DRY CREEK

  2999 AMSTERDAM RD, ERLANGER, KY, 41017

  Registry ID: 110039639736

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• SANITATION DISTRICT NO. 1 OF NORTHERN KENTUCKY (SD 1)entered 2019-05-22

  Primary law: CWA

• SANITATION DISTRICT NO. 1 OF NORTHERN KENTUCKY (04-2007-C010)entered 2007-04-18

  Primary law: CWA

  Federal penalty: $138,200 · State/local: $338,200 · SEP: $311,000

Timeline (5 milestones)

• 2005-06-23Referred To Dept Of Justice
• 2005-06-30Enforcement Action Data Entered
• 2005-10-07Complaint Filed With Court
• 2019-05-22Final Order Entered
• 2019-05-22Final Order Lodged