EPA v. WINCHESTER MUNICIPAL UTILITIES, CITY OF WINCHESTER KENTUCKY (STRODES CREEK STP)

Case summary

SUMMARY OF VIOLATIONS - EPA HAS DOCUMENTED SIGNIFICANT CWA VIOLATIONS IN THIS CASE, WHICH INCLUDE UNAUTHORIZED DISCHARGES: 1. CONSISTING OF SANITARY SEWER OVERFLOWS (SSOs) FROM ITS COLLECTION SYSTEM - WINCHESTER MUNICIPAL UTILITIES (WMU) HAS REPORTED AN ANNUAL AVERAGE OF 122 SSOs ANDA TOTAL ANNUAL AVERAGE SSO VOLUNE OF 6,381,983 GALLONS OF SEWAGE FROM 2000 T0 2005; 2. AT UNAUTHORIZED CONSTRUCTED OVERFLOW POINTS AT EIGHT DIFFERENT LOCATIONS IN ITS WASTEWATER COLLECTION SYSTEM; AND 3. AT THE WASTEWATER TREATMENT PLANT FROM A CONSTRUCTED BYPASS - FROM JANUARY 2000 THROUGH FEBRUARY 2005, WMU REPORTED THAT 806,800,000 GALLONS OF RAW SEWAGE WERE BYPASSED FROM TREATMENT. DEFENDANT - THE CITY OF WINCHESTER IS LOCATED APPROX 20 MILES EAST OF LEXINGTON, KY. IN 2003, THE US CENSUS ESTIMATED THE POPULATION OF WINCHESTER TO BE 16,378. THE CITY'S WASTEWATER INFRASTRUCTURE IS MANAGED BY WMU, WHICH IS RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF ONE MAJOR WASTEWATER TREATMENT PLANT, ABOUT 144 MILES OF SEWER LINES, 17 PUMP STATIONS, AND OTHER SEWER RELATED FACILITES. WITH RESPECT TO THE DISCHARGES FROM THE WINCHESTER WASTEWATER TREATMENT PLANT, KDEP ISSUED KPDES PERMIT NO KY0037991 ON MARCH 23, 2004, WHICH WILL EXPIRE ON JANUARY 31, 2008. THE TREATMENT PLANT IS LOCATED AT 2003 VAN METER ROAD, WINCHESTER, CLARK COUNTY, KY. THE TREATMENT PLAN AND SSOs DISCHARGE TO STRODES CREEK, WHICH IS ON KENTUCKY'S 303(d) LIST FOR NUTRIENTS, SILTATION, ORGANIC ENRICHMENT/LOW DO, AND PATHOGENS. STRODES CREEK IS DESIGNATED, IN ACCORDANCE WITH 401 KAR 5:026, SECTION 5(2), FOR THE USE OF WARM WATER AQUATIC HABITAT, PRIMARY AND SECONDARY CONTACT RECREATION, AND DOMESTIC WATER SUPPLY. WMU DISCHARGES TREATED, PARTIALLY TREATED, AND UNTREATED SEWAGE INTO STRODES CREEK, WHICH IS A NAVIGABLE WATER OF THE U.S., AS DEFINED BY SECTION 502(7) OF THE CWA, 33 U.S.C. SECTION 1362(7). INJUNCTIVE RELIEF - THE GOAL OF THIS CASE IS TO OBTAIN INJUNCTIVE RELIEF TO ELIMINATE ALL RECURRING SSOs AND ENSURE FUTURE COMPLIANCE BY WMU WITH THE CWA AND ITS NPDES PERMIT. THE REMEDIAL MEASURES WHICH WMU WILL BE EXPECTED TO PERFORM WILL INCLUDE MEASURES TO ELIMINATE ALL UNAUTHORIZED OVERFLOWS IN THE SEWER SYSTEM AND THE BYPASS AT THE TREATMENT PLANT. THE UNITED STATES FILED A COMPLAINT AGAINST WINCHESTER ON APRIL 7, 2006. A MEETING IS SCHEDULED IN MAY 2006 TO START MEGOTIATIONS TOWARDS SETTLING THE CASE. IT IS EXPECTED THAT THE CASE WILL BE SETTLED THROUGH A CONSENT DECREE.

Defendants (2)

• WINCHESTER MUNICIPAL UTILITIESNamed in complaintNamed in settlement
• WINCHESTER, KY, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• WINCHESTER MUNICIPAL UTILITIES - STRODES CREEK WWTP

  2033 VAN METER RD, WINCHESTER, KY, 40391

  Registry ID: 110000542896

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WINCHESTER MUNICIPAL UTILITIES (04-2007-C009)entered 2007-04-10

  Primary law: CWA

  Federal penalty: $75,000 · SEP: $230,000

Timeline (6 milestones)

• 2006-04-04Referred To Dept Of Justice
• 2006-04-25Enforcement Action Data Entered
• 2007-01-16Final Order Lodged
• 2007-01-16Complaint Filed With Court
• 2007-04-10Concluded
• 2007-04-10Final Order Entered