EPA v. MURRAY, KY, CITY OF, PUBLIC WORKS DEPARTMENT (BEE CREEK WWTP)

Case summary

7/18/2012 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. THIS ORDER SUPERSEDES CWA-04-2012-4750. DMRs SUBMITTED TO KDEP BY MURRAY INDICATE THAT MURRAY HAS DISCHARGED POLLUTANTS IN VIOLATION OF THE EFFLUENT LIMITATIONS ESTABLISHED IN ITS PERMIT IN 164 INSTANCES DURING THE PERIOD FROM DEC 31, 2006 THRU JUNE 31, 2011. EFFLUENT PARAMETERS VIOLATED INCLUDE CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD), TOTAL SUSPENDED SOLIDS (TSS), TOTAL PHOSPHOROUS, TOTAL RESIDUAL CHLORINE (TRC), FECAL COLIFORM, TSS % REMOVAL, E.COLI, AMMONIA-NITROGEN, AND TOXICITY. ON DEC 24, 2008, KY ENERGY AND ENVIRONMENT CABINET ISSUED AN AGREED ORDER THAT COVERED THE VIOLATIONS THAT OCCURRED DURING THE TIMEFRAME FROM DEC 31, 2006 THRU DEC 22, 2007. ON APR 26, 2011, THE CABINET SENT A CLOSURE LETTER TO MURRAY TERMINATING THE AGREED ORDER. ON APR 14, 2011, EPA SENT A NOTICE OF VIOLATION LETTER TO MURRAY REGARDING THE EFLUENT VIOLATIONS DESCRIBED ABOVE. AS A RESULT, EPA AND MURRAY HELD A SHOW CAUSE MEETING ON JULY 14, 2011. THIS ORDER ADDRESSES THE VIOLATIONS NOT COVERED IN THE CABINET'S AGREED ORDER, FOCUSING INSTEAD ON THE TIMEFRAME FROM FEB 29, 2008 THRU JUNE 3, 2011. DURING THIS TIME, MURRAY VIOLATION CWA 301(a) IN THAT MURRAY DISCHARGED WASTEWATER CONTAINING POLLUTANTS TO THE NAVIGABLE WATERS NOT IN COMPLIANCE WITH ITS NPDES PERMIT. MURRAY FAILED TO COMPLY WITH THE EFFLUENT LIMITATIONS AND REQUIREMENTS OF ITS PERMIT FOR CBOD, TSS, TOTAL PHOSPHOROUS, TRC, FECAL COLIFORM, TSS % REMOVAL, E.COLI, AND AMMONIA-NITROGEN. ON APRIL 9, 2012, THE CABINET ENTERED INTO A SECOND AGREED ORDER WITH MURRAY THAT ADDRESSSED VIOLATIONS OF NPDES PERMIT LIMITATIONS BY MURRAY THROUGH JULY 2011. THE AGREED ORDER PROVIDED FOR CIVIL PENALTIES AND IMPLEMENTATION OF A CORRECTIVE ACTION PLAN FOR THE BEE CREEK WWTP AND COLLECTION SYSTEM. THIS AOC ADDRESSES THE VIOLATIONS NOT COVERED IN THE CABINET'S DECEMBER 24, 2008 AGREED ORDER, FOCUSING INSTEAD ON THE TIMEFRAME FROM FEBRUARY 28, 2008, THROUGH JUNE 3, 2011 DURING THIS TIME, MURRAY VIOLATION SECTION 301(a) OF THE CWA, IN THAT MURRAY DISCHARGED WASTEWATER CONTAINING POLLUTANTS TO THE NAVIGABLE WATERS NOT IN COMPLIANCE WITH ITS NPDES PERMIT. MURRAY FAILED TO COMPLY WITH THE EFFLUENT LIMITATIONS AND REQUIREMENTS OF ITS PERMIT FOR CBOD, TSS, TOTAL PHOSPHOROUS, TRC, FECAL COLIFORM, TSS% REEMOVAL, E. COLI, AND AMMONIA-NITROGEN. ORDER REQUIRES: A. IMPLEMENT AND ABIDE BY THE SCHEDULE SET FORTH IN THE CORRECTIVE ACTION PLAN ( CAP ) SUBMITED BY MURRAY AND APPROVED BY THE EPA ON APRIL 10, 2012. THE ACTIONS AND TIMEFRAMES SET FORTH IN THE CAP SHALL BE ENFORCEABLE UNDER THIS ORDER ON CONSENT. B. FOR THE DURATION OF THIS ORDER, SUBMIT QUARTERLY PROGRESS REPORTS: i. CONTAINING A LIST OF PERMIT EFFLUENT LIMIT EXCEEDANCES THAT OCCURRED DURING THE QUARTER, AND ii. SUMMARIZING ALL ACTIONS TAKEN AND PROGRESS MADE IN ACHIEVING THE GOALS OF THE CAP, ONCE EPA HAS APPROVED THE CAP. THE FIRST QTRLY REPORT SHALL BE DUE 15 DAYS AFTER THE END OF THE THIRD FULL MONTH AFTER THE EFFECTIVE DATE OF THE ORDER. SUBSEQUENT QTRLY REPORTS ARE DUE WITHIN 15 DAYS OF THE END OF EACH THREE MONTH PERIOD.

Defendants (2)

• MURRAY, KY, CITY OF, PUBLIC WORKS DEPARTMENT (SB)Named in settlement
• BEE CREEK WWTP (SB)Named in settlement

Facilities (4)

• BEE CREEK WWTP

  90 CC LOWRY DR, MURRAY, KY, 42071

  Registry ID: 110000759732

• BEE CREEK WWTP

  90 CC LOWRY DR, MURRAY, KY, 42071

  Registry ID: 110000759732

• BEE CREEK WWTP

  90 CC LOWRY DR, MURRAY, KY, 42071

  Registry ID: 110000759732

• BEE CREEK WWTP

  90 CC LOWRY DR, MURRAY, KY, 42071

  Registry ID: 110000759732

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MURRAY, KY, CITY OF, PUBLIC WORKS DEPARTMENT (BEE CREEK WWTP)entered 2012-07-18

  Primary law: CWA

Timeline (4 milestones)

• 2012-07-18Final Order Issued
• 2012-09-27Enforcement Action Data Entered
• 2013-01-01Enforcement Action Closed
• 2013-01-01NPDES Closed