EPA v. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT

Case summary

4/25/2006 - THIS CASE INVOLVES SANITARY SEWER OVERFLOWS (SSOs), INCLUDING ILLICIT CROSS-CONNECTIONS BETWEEN THE DEFENDANT'S MUNICIPAL SEPARATE STORM SEWER SYSTEM, AND ITS SANITARY SEWER SYSTEM, IN VIOLATION OF (MS4) THE CLEAN WATER ACT. THE CASE ALSO INVOLVES VIOLATIONS OF THE DEFENDANT'S MS4 NDPES PERMIT, AND THE NPDES PERMITS FOR ITS PUBLICLY OWNED TREATMENT WORKS (POTWs) FOR ITS SANITARY SEWER SYSTEM. THERE IS ONLY ONE DEFENDANT - THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT (LFUCG), THE MERGED GOVERNMENTS OF THE CITY OF LEXINGTON AND FAYETTE COUNTY, KENTUCKY. EPA IS SEEKING PENALTIES AND INJUNCTIVE RELIEF TO COMPEL THE DEFENDANT TO COME INTO COMPLIANCE WITH THE CWA. DEFENDANT IS A MUNICIPALITY AND THE SSO AND MS4 ISSUES MAY BE NATIONALLY SIGNIFICANT. 1/4/2011 - THE OBJECTIVES OF THE CD ARE TO ELIMINATE SANITARY SEWER OVERFLOWS AND UNPERMITTED DISCHARGES, BY PASSES AND EXCEEDANCES; TO ELIMINATE AND PREVENT CWA PERMIT VIOLATIONS; TO ENSURE IMPLEMENTATION OF A STORM WATER QUALITY MGMT PROGRAM THAT REDUCES THE DISCHARGE OF POLLUTANTS TO THE MAXIMUM EXTENT PRACTICABLE; AND TO REQUIRE IMPLEMENTATION OF MEASURES TO ENSURE COMPLIANCE WITH LEXINGTON'S MS4 PERMIT. THE CD ALSO REQUIRES LEXINGTON TO IMPLEMENT TO SEPs AND TWO COMMONWEATH PROJECTS (CEPs). THE SEPs INCLUDE A STREAM CORRIDOR RESTORATION AND PRESERVATION PROJECT AND A GREEN INFRASTRUCTURE PROJECT (TOTALING $1,230,000). THE CEPs INCLUDE ELIMINATION OF THE BLUE SKY WASTEWATER TREATMENT PLANT AND A FLOODING EVALUTION PROJECT (TOTALING $1,500,000). THE CD ALSO INCLUDES A CIVIL PENALTY OF $425,000. 07/07/2015 - FIRST MATERIAL MODIFICATION TO CD, EXTENDING DEADLINE FOR ACHIEVING FINAL COMPLIANCE WITH ALL OBLIGATIONS UNDER THE CONSENT DECREE. EXTIMATED DATE FOR COMPLIANCE IS NOW 12/31/2026. 04/10/2024 - SECOND MATERIAL MODIFICATION TO CD, EXTENDING DEADLINE TO FINISH REMAINING REHAB PROJECTS. THERE WERE DELAYS DUE TO LABOR AND MATERIAL SHORTAGES/SUPPY CHAIN ISSUES, COVID DOWNTIME, AND THEY EXPANDED A NUMBER OF PROJECTS IN SCOPE THAT WILL PROVIDE LONG TERM BENEFITS. 09/09/2024 - SECOND MATERIAL MODIFICATION TO CONSENT DECREE CD modified in 2024 to extend final compliance deadline to 12-31-2024 to account for delays caused by expansion of certain projects to ensure longer term compliance, and also to account for supply chain disruptions and contractor shortages and other delays associated with COVID pandemic.

Defendants (1)

• LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENTNamed in complaintNamed in settlement

Facilities (1)

• LEXINGTON TOWN BRANCH STP

  301 JIMMIE CAMPBELL DR, LEXINGTON, KY, 40504

  Registry ID: 110064641268

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (3)

• LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT (04-2015-C013)entered 2015-07-09

  Primary law: CWA

• LEXINGTON FAYETTE URBAN COUNTY GOVERNMENTentered 2024-09-09

  Primary law: CWA

• LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT (04-2011-C002)entered 2011-01-03

  Primary law: CWA

  Federal penalty: $425,000 · SEP: $1,230,000

Timeline (5 milestones)

• 2006-04-25Referred To Dept Of Justice
• 2006-05-01Enforcement Action Data Entered
• 2006-11-20Complaint Filed With Court
• 2024-04-10Final Order Lodged
• 2024-09-09Final Order Entered