EPA v. EAST KENTUCKY POWER COOPERATIVE, INC.

Case summary

10/23/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $93,936. ALLEGATIONS: ON AUG 12, 2007, RESPONDENT'S 10,000 GALLON TRANSFORMER AT THE H.L. SPURLOCK GENERATING STATION EXPLODED, DISCHARGING APPROXIMATELY 6,000 GALLONS OF MINERAL OIL INTO OR UPON THE OHIO RIVER AND ITS ADJOINING SHORELINES. ON DEC 18, 2007, EPA CONDUCTED AN INVESTIGATION OF THE FACILITY TO DETERMINE THE FACILITY'S COMPLIANCE WITH THE REQUIREMENTS OF 40 CFR PART 112. ALTHOUGH RESPONDENT HAD AN SPCC PLAN, THE PLAN DID NOT MEET THE REQUIREMENTS OF 40 CFR 112.7 AND 112.8 BECAUSE, AMONG OTHER DEFICIENCIES, EPA DETERMINED THAT IT HAD NOT BEEN UPDATED TO REFLECT THE ADDITION OF NEW EQUIPMENT INSTALLED BY THE FACILITY. IN ADDITION, THE RESPONDENT FAILED TO PROVIDE CONTAINMENT AS NECESSARY TO COMPLY WITH REQUIREMENTS OF 40 CFR PART 112 FOR ITS OIL CONTAINING EQUIPMENT.

Defendants (1)

• EAST KENTUCKY POWER COOPERATIVE, INC.Named in complaintNamed in settlement

Facilities (2)

• SPURLOCK POWER STATION

  1301 WEST SECOND STREET, MAYSVILLE, KY, 41056

  Registry ID: 110012142127

• SPURLOCK POWER STATION

  1301 WEST SECOND STREET, MAYSVILLE, KY, 41056

  Registry ID: 110012142127

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• EAST KENTUCKY POWER COOPERATIVE, INC.entered 2009-10-23

  Primary law: CWA

  Federal penalty: $93,936

Timeline (4 milestones)

• 2009-10-23Final Order Issued
• 2009-10-23Complaint Filed/Proposed Order
• 2009-11-05Enforcement Action Data Entered
• 2009-11-17Enforcement Action Closed