EPA v. KENTUCKY TRANSPORTATION CABINET, DIV OF CONSTRUCTION (COVINGTON-INDEPENDENCE ROAD (KY 17))

Case summary

8/1/2007 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,000. RESPOMDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH AHS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT, AS REQUIRED BY PART II OF THE PERMIT AND 401 KAR 5:065 SECTION 1(4). RESPONDENT FAILED TO STABILIZE A 4.5 ACRE TRACT OF LAND IN THE VICINITY OF THE BOX CULVERT FOR A PERIOD OF FOUR MONTHS, WHILE THE JOB WAS SHUT DOWN FOR THE WINTER. ADDITIONALLY, BMP'S WERE NOT EVIDENT IN THIS SAME AREA TO PREVENT SEDIMENT FROM ENTERING THE CREEK. RESPONDENT FAILED TO STABILIZE ALL DISTURBED AREAS WITHIN FOURTEEN (14) DAYS ON ARAS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAVE PERMANENTLY OR TEMPORARILY (FOR TWENTY-ONE (21) DAYS OR MORE) CEASED.

Defendants (1)

• KENTUCKY TRANSPORTATION CABINET, DIVISION OF CONSTNamed in complaintNamed in settlement

Facilities (1)

• SR-17 KDOT

  COVINGTON-INDEPENDENCE ROAD KY 17, INDEPENDENCE, KY, 41051

  Registry ID: 110028189797

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• KENTUCKY TRANSPORTATION CABINET, DIV OF CONSTRUCTION (COVINGTON-INDEPENDENCE ROAD (KY 17))entered 2007-08-01

  Primary law: CWA

  Federal penalty: $8,000

Timeline (4 milestones)

• 2007-08-01Complaint Filed/Proposed Order
• 2007-08-01Final Order Issued
• 2007-08-07Enforcement Action Data Entered
• 2008-01-23Enforcement Action Closed