EPA v. KENTUCKY TRANSPORTATION CABINET/US 421 WIDENING PCN 09-1121

Case summary

2/18/11 - ADMINISTRATIVE ORDER ISSUED. DURING THE CSWEI ON AUG 26, 2010, EPA INSPECTORS OBSERVED THE FOLLOWING: A. A RECORD REVIEW SHOWED THAT KYTC FAILED TO OBTAIN PERMIT COVERAGE TO DISCHARGE STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY TO A WATER OF U.S. DURING THE PERIOD FROM JULY 2009 TO FEB 25, 2010. B. KYTC FAILED TO DEVELOP AND IMPLEMENT A BMP PLAN THAT PROVIDED A MAP SHOWING OR DESCRIBING (1) LOCATIONS OF EQUIPMENT STORAGE AREAS, MATERIALS STORAGE AREAS INCLUDING BUT NOT LIMITED TO TOP SOIL, STORAGE, FUELS, FERTILIZERS, HERBICIDES, ETC., AND (2) LOCATIONS OF CONCRETE WASH-OUT AREAS, WASTE MGMT AREAS AND AREAS OF SITE EGRESS IN ACCORDANCE WITH PART II.A.2 OF THE PERMIT. C. KYTC'S REGULAR INSPECTIONS ARE SPORADIC AND FAILED TO MEET THE TIMEFRAMES TO CONDUCT INSPECTIONS OF THE DEVELOPMENT AT LEAST ONCE EVERY 7 CALENDAR DAYS OR AT LEAST ONCE EVERY 14 CALENDAR DAYS AND WITHIN 24 HOURS OF ANY STORM EVENT OF 0.5 INCHES OR GREATER AS REQUIRED BY PART II.A.7 OF THE PERMIT. D. KYTC'S INSPECTION REPORTS WERE NOT COMPLETE, ADEQUATE AND CERTIFIED IN ACCORDANCE WITH PART II.A.7.d, PART II.A.7.e AND PART II.A.7.f OF THE PERMIT. E. KYTC FAILED TO PERFORM STABILIZATION AND MAINTENANCE OF SEDIMENT CONTROL MEASURES SO THAT CONTROL MEASURES WERE OPERATING EFFECTIVELY AS REQUIRED BY PART II.A.5 AND PART II.B. OF THE PERMIT. SPECIFICALLY: 1) SILT FENCES AND RIP RAP WERE NOT EFFECTIVE IN CONTROLLING EROSION AND SEDIMENT LOSS INTO THE BASE OF 2 CALVERTS. 2) A STORM DRAIN INLET LOCATED ON THE EAST SIDE OF THE SITE WAS UNPROTECTED. THIS STORM DRAIN INLET DRAINS DIRECTLY INTO HICKMAN BRANCH. SINCE THE SOIL NEAR THIS STORM DRAIN WAS BARE WITH EVIDENCE OF SEDIMENTS IN FRONT, INLET PROTECTION IS NECESSARY. ANOTHER STORM DRAIN AT A ROADSIDE DITCH ON THE EAST SIDE OF SIDE WAS NOT PROTECTED WITH GRAVEL BAGS AS OTHER STORM DRAINS IN THE AREA. 3) RILL EROSION WAS OBSERVED IN 2 AREAS: (1) THE DITCH AREA ALONG US 421 ON THE SOUTH SIDE OF THE ROAD; (2)THE BANK AREA NEXT TO A STORMWATER CULVERT. THESE AREAS NEED TO BE STABILIZED WITHIN 24 HOURS OR AS SOON AS PRACTICAL IN ACCORDANCE WITH PART II.B OF THE PERMIT. 4) SEDIMENT WAS OBSERVED IN THE SLICKWAY BRANCH, DOWNSTREAM FROM THE DEVELOPMENT, ON THE NORTH SIDE OF ROAD, AT THE CULVERT FOR US 421. ORDER REQUIRES: A. PROVIDE VERIFICATION THAT ALL CONSTRUCTION ACTIVITIES HAVE BEEN COMPLETED. ALSO, PROVIDE DOCUMENTATION THAT THE DEVELOPMENT HAS MET THE FINAL STABILIZATION REQUIREMENT OF UNIFORM VEGETATIVE COVER WITH A DENSITY OF 70 PERCENT OF THE NATIVE BACKGROUND VEGETATIVE COVER. WITHIN 30 DAYS, SUBMIT INSPECTION RECORDS AND PHOTOS DOCUMENTATION THAT THIS REQUIREMENT OF THIS ORDER HAS BEEN MET. B. PROVIDE A DATE FOR TERMINATION OF PERMIT COVERAGE. WITHIN 30 DAYS, PROVIDE A PROPOSED DATE FOR FILING A NOTICE OF TERMINATION TO KDEP.

Defendants (1)

• KENTUCKY TRANSPORTATION CABINETNamed in settlement

Facilities (1)

• US 421 WIDENING PCN 09-1121

  US 421, FRANKFORT, KY, 40601

  Registry ID: 110040770092

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• KENTUCKY TRANSPORTATION CABINET/US 421 WIDENING PCN 09-1121entered 2011-02-18

  Primary law: CWA

Timeline (4 milestones)

• 2011-02-18Final Order Issued
• 2011-03-01Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed
• 2012-01-01NPDES Closed