EPA v. LYNCH, KY, CITY OF

Case summary

11/7/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $4,000. PENALTY IS TO BE PAID IN 4 INSTALLMENTS WITH THE LAST PAYMENT DUE WITHIN 11 MONTHS. ON SEPT 21, 2011, EPA CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) OF THE WWTP TO EVALUATE THE RESPONDENT'S COMPLIANCE WITH THE NPDES PERMIT AND THE CWA. THE CEI IDENTIFIED VIOLATIONS RELATED TO THE OPERATION AND MAINTENANCE OF FACILITIES AND SYSTEMS FOR COLLECTION AND TREATMENT, INCLUDING DEBRIS FOR THE CHLORINE CONTACT CHAMBER, BROKEN PIPES AND FAULTY VALVES, OVERGROWTH FROM SLUDGE DRYING BEDS, AND LACK OF DOCUMENTATION OF BUFFERS USED AND FLOW RECORDS. ON JUNE 12, 2012, EPA SENT A LETTER OF CONCERN (LOC) UNDER CWA 308(a) TO THE RESPONDENT REGARDING DEFICIENCIES IDENTIFIED DURING THE INSPECTION. THE LOC OUTLINED THE DEFICIENCIES IDENTIFIED IN THE CEI AND REQUESTED INFO ON CORRECTIVE ACTIONS PLANNED OR TAKEN TO ADDRESS THE DEFICIENCIES. THE LOC ALSO REQUIRED A SCHEDULE FOR ACTIONS PLANNED. ON JULY 12, 2012, EPA RECEIVED A RESPONSE TO THE LOC STATING THAT THE WWTP OPERATOR WAS IN THE PROCESS OF CORRECTING ISSUES CITED IN THE LOC BUT THERE WERE A NUMBER OF DEFICIENCIES REMAINING TO BE CORRECTED. SPECIFICALLY, THE WWTP FAILED TO CORRECT THE DEFICIENCIES IDENTIFIED ABOVE. ON SEPT 28, 2012, EPA ISSUED ADMIN ORDER 04-2012-4785, REQUIRED THE RESPONDENT TO ADDRESS THE UNRESOLVED DEFICIENCIES IDENTIFIED DURING THE INSPECION. RESPONDENT VIOLATED SECTION 301(a) OF THE CWA AND THE NPDES PERMIT BY FAILING TO COMPLY WITH THE OPERATION, MAINTENANCE, AND REPORTING REQUIREMENTS OF ITS PERMIT.

Defendants (1)

• LYNCH, KY, CITY OF, WASTEWATER TREATMENT PLANTNamed in complaintNamed in settlement

Facilities (4)

• LYNCH STP

  217 E MAIN ST, LYNCH, KY, 40855

  Registry ID: 110009960024

• LYNCH STP

  217 E MAIN ST, LYNCH, KY, 40855

  Registry ID: 110009960024

• LYNCH STP

  217 E MAIN ST, LYNCH, KY, 40855

  Registry ID: 110009960024

• LYNCH STP

  217 E MAIN ST, LYNCH, KY, 40855

  Registry ID: 110009960024

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LYNCH, KY, CITY OFentered 2013-11-07

  Primary law: CWA

  Federal penalty: $4,000

Timeline (5 milestones)

• 2013-11-07Complaint Filed/Proposed Order
• 2013-11-07Final Order Issued
• 2013-12-12Enforcement Action Data Entered
• 2014-10-28NPDES Closed
• 2014-10-28Enforcement Action Closed