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

Case summary

1/25/07 - COMPLIANCE ORDER ISSUED. ON MAY 23, 2006, EPA AND KDEP PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE FACILITY FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS 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). LACK OF SILT FENCING THROUGHOUT THE FACILITY ALLOWED THE DISCHARGE OF SEDIMENT OFF-SITE. THE FACILITY HAD LARGE AREAS DEVOID OF ANY TYPE OF STABILIZATION. B. THE FACILITY FAILED TO MINIMIZE THE PRESENCE OF HAZARDOUS SUBSTANCES OF OIL IN THE STORMWATER DISCHARGE AS REQUIRED BY PART III.D OF THE PERMIT. A FUEL TANK LOCATED ON THE PROJECT WAS NOT PROPERLY CONTAINED. C. THE FACILITY EITHER FAILED TO DEVELOP AND IMPLEMENT A BMP PLAN AS REQUIRED BY PART IV OF THE PERMIT OR DID NOT PROVIDE A COPY OF THE PLAN ON-SITE. D. THE FACILITY FAILED TO STABILIZE SLOPES WHERE IT APPEARED CONSTRUCTION ACTIVITY HAD CEASED FOR MORE THAN 14 DAYS AS REQUIRED BY PART IV.B.(1) OF THE PERMIT. E. FACILITY FAILEDTOO MAKE A REPORT SUMMARIZING THE SCOPE OF THE INSPECTION, NAMES AND QUALIFICATION OF PERSONNEL MAKING

Defendants (1)

• KENTUCKY TRANSPORTATION CABINET, DIV OF CONSTRUCTINamed 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 2007-01-25

  Primary law: CWA

Timeline (3 milestones)

• 2007-01-25Final Order Issued
• 2007-01-30Enforcement Action Data Entered
• 2008-01-23Enforcement Action Closed