EPA v. CAMPBELL COUNTY SCHOOL DISTRICT FINANCE CORP./CAMPBELL COUNTY HIGH SCHOOL ATC ADDITION

Case summary

3/27/2012 - ADMINISTRATIVE ORDER ISSUED. ON 11/1/11, EPA AND KDEP PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT CAMPBELL COUNTY'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE KDEP PERMIT. DURING THE CSWEI, THE EPA INSPECTOR OBSERVED: A. SEDIMENT IN A TRIBUTARY TO POND CREEK THAT BEGINS FLOWING AT THE BASE OF A SOIL STOCKPILE ON THE DEVELOPMENT. THE TRIBUTARY FLOWS APPROX 500 FEET OFF-SITE INTO POND CREEK. SEDIMENT WAS OBSERVED IN AND THROUGHOUT THE ENTIRE 500 FEET OF THE TRIBUTARY AND DOWNSTREAM BEYOND THE POINT OF ITS CONFLUENCE WITH POND CREEK. NUMEROUS EROSION PREVENTION MEASURES, SEDIMENT CONTORL MEASURES, AND BEST MGMT PRACTICES (BMPs) WERE NOT MAINTAINED IN AN EFFECTIVE OPERATING CONDITION THROUGHOUT THE DEVLEOPMENT AS REQUIRED BY THE PERMIT AND DEMONSTRATED BY THE DISCHARGE OF SEDIMENT INTO A TRIBUTARY OF POND CREEK, INCLUDING: (1) THE CONSTRUCTION ENTRANCE NEEDED TO BE MAINTAINED AND REDRESSED AS SEDIMENT WAS TRACKED OFF-SITE ONTO OLD US 27; (2) THE EXISTING DETECTION AREA LOCATED DIRECTLY NORTH OF THE CONSTRUCTION TRAILER NEEDED STABILIZATION AND SILT FENCE MAINTENANCE. THERE WERE EROSION RILLS ALONG THE WESTERN BANK, DAMAGED SILT FENCING AT THE BASE OF THE BANK AND ACCUMULATED SEDIMENT AT THE BOTTOM OF THE DETENTION POND; (3) SILT FENCING THROUGHOUT THE DEVELOPMENT AND AROUND THE PERIMETER WAS IN NEED OF MAINTENNACE OR REPLACEMENT AS MOST OF THE INSTALLED SILT FENCING WAS DAMAGED; (4) THE FUEL STORAGE TANK LOCATED NEAR THE CONSTRUCTION TRAILER HAD A DRAINAGE HOLE IN THE SECONDARY CONTAINMENT THAT WAS NOT PLUGGED TO PROPERLY AVOID CONTAMINATION OF RUNOFF; (5) STORM DRAIN INLET PROTECTION BMPs WERE NOT PROPERLY MAINTAINED SINCE THERE WERE GAPS BETWEEN STRAW BALES ALLOWING SEDIMENT TO ENTER THE STORM SEWER SYSTEM; (6) A SMALL SECTION OF SILT FENCING WAS USED TO PROTECT A TRIBUTARY TO POND CREEK FROM A SOIL STOCKPILE LOCATED BETWEEN THE STUDENT PARKING LOT AND SOUTH LICKING PIKE. THE SILT FENCING AND STOCKPILE NEEDED ADD'L MAINTENANCE AS SEDIMENT WAS RUNNING OFF FROM THE STOCKPILE INOT THE TRIBUTARY TO POND CREEK. THE SLOPES ADJACENT TO THE STOCKPILE WERE ERODING DIRECTLY INTO THE TRIBUTARY TO POND CREEK BELOW AND WERE IN NEED OF MAINTENANCE; (7) ADD'L MAINTENANCE WAS NEEDED TO PREVENT SEDIMENT FROM LEAVING THE CONSTRUCTION SITE AND ACCUMULATING ON THE STUDENT PARKING LOT OR WASHING INTO THE EXISTING STORM SEWER SYSTEM. SEDIMENT HAD COLLECTED IN VARIOUS AREAS AROUND THE PARKING LOT AND WAS OBSERVED AT THE BOTTOM OF STORM DRAIN INLETS AROUND THE PARKING LOT. C. CAMPBELL COUNTY'S INSPECTION REPORTS WERE NOT THOROUGH AND DID NOT MEET ALL OF THE REQUIREMENTS OF THE PERMIT, INCLUDING: (1) THE LOCATION(S) OF DISCHARGE(S) OF SEDIMENT OR OTHER POLLUTANTS FROM THE DEVELOPMENT WERE NOT STATED IN A COPY OF THE MOST RECENT INSPECTION REPORT PREPARED BEFORE THE CSWEI, WHICH WSA DATED OCT 28, 2011. INSTEAD, THAT REPORT STATED THERE WAS NO SEDIMENT LEAVING THE CONSTRUCTION SITE OR OFF-SITE IMPACTS. HOWEVER, SEDIMENT WAS OBSERVED IN A TRIBUTARY TO POND CREEK DURING THE CSWEI, AND, ACCORDING TO RAINFALL DATA, THERE HAD NOT BEEN ANY RAINFALL EVENTS BETWEEN THE OCT 28, 2011 INSPECTION AND THE NOV 1, 2011 CSWEI; (2) THE INSPECTION REPORT DATED OCT 28, 2011 WAS NOT SIGNED BY THE DULY AUTHORIZED REP OF CAMPBELL COUNTY AS REQUIRED BY THE PERMIT. D. THE SWPPP WAS NOT UPDATED TO CURRENT SITE CONDITIONS AS REUQIRED BY THE PERMIT. THE SOIL STOCKPILE LOCATED BETWEEN THE STUDENT PARKING LOT AND SOUTH LICKING PIKE WAS NOT SHOWN ON THE SWPPP. THE SOIL STOCKPILE HAD A SIGNIFICANT IMPACT ON THE DISCHARGE OF POLLUTANTS TO RECEIVING WATERS BECAUSE THE STOCKPILE WAS NOT STABILIZED AND APPROPRIATE BMPs WERE NOT IMPLEMENTED ALLOWING SEDIMENT TO EASILY DISCHARGE INTO THE TRIBUTARY TO POND CREEK LOCATED BELOW THE STOCKPILE.

Defendants (2)

• CAMPBELL COUNTY SCHOOL DISTRICT FINANCE CORP.Named in settlement
• CAMPBELL COUNTY HIGH SCHOOL ATC ADDITION (KY)Named in settlement

Facilities (4)

• CAMPBELL CO HIGH SCHOOL

  909 CAMEL CROSSING, ALEXANDRIA, KY, 41001

  Registry ID: 110036787439

• CAMPBELL CO HIGH SCHOOL

  909 CAMEL CROSSING, ALEXANDRIA, KY, 41001

  Registry ID: 110036787439

• CAMPBELL CO HIGH SCHOOL

  909 CAMEL CROSSING, ALEXANDRIA, KY, 41001

  Registry ID: 110036787439

• CAMPBELL CO HIGH SCHOOL

  909 CAMEL CROSSING, ALEXANDRIA, KY, 41001

  Registry ID: 110036787439

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CAMPBELL COUNTY SCHOOL DISTRICT FINANCE CORP./CAMPBELL COUNTY HIGH SCHOOL ATC ADDITIONentered 2012-03-27

  Primary law: CWA

Timeline (4 milestones)

• 2012-03-27Final Order Issued
• 2012-03-29Enforcement Action Data Entered
• 2013-01-01NPDES Closed
• 2013-01-01Enforcement Action Closed