EPA v. ELKORN CITY, KY, CITY OF

Case summary

9/27/2013 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ORDER STATES: ON JULY 31, 2012, THE EPA RECEIVED THE CITY'S REPLY TO THE LETTER OF CONCERN (LOC). THE EPA FOUND THE RESPONSE TO BE INCOMPLETE AND SUPPLEMENTAL INFORMATION WAS REQUESTED BY THE EPA. SUCH INFORMATION WAS SUBMITTED BY THE CITY ON FEBRUARY 4, 2013, AND APRIL 29, 2013. IN THEIR APRIL 29, 2013 RESPONSE LETTER, THE CITY STATED THAT IN INSTANCES WHEN WWTP INFLUENT FLOW GETS ABOVE 250 GALLONS PER MINUTE WE TURN AERATION OFF AND GIVE TIME FOR SOLIDS TO DROP OUT WHILE STILL TREATING WITH CHLORINE AND DECLOR AND BEFORE IT GOES OUT OF PLANT TO THE RIVER. THIS ONLY HAPPENS WHEN WE HAVE FLOOD TYPE RAIN STORMS IN A SHORT AMOUNT OF TIME. ORDER ON CONSENT: IN ORDER FOR THE EPA TO DETERMINE IF THE LACK OF AERATION TREATMENT DURING HEAVING RAIN EVENTS IS POTENTIALLY CAUSING VIOLATIONS OF THE NPDES PERMIT, THE EPA HEREBY REQUIRES THAT THE CITY COLLECT AND PROVIDE TO THE EPA THE FOLLOWING INFORMATION: AFTER THE CITY TURNS OFF ITS AERATORS AS A RESULT OF INCREASED WWTP INFLUENT FLOW DUE TO THE RAIN EVENTS, THE CITY SHALL COLLECT A GRAB SAMPLE OF THE WWTP EFFLUENT 2.75 HOURS OF (2HOURS AND 45 MINUTES) AFTER THE AERATORS ARE TURNED BACK ON. THE SAMPLE SHALL BE ANALYZED FOR BIOCHEMICAL OXYGEN DEMAND, TOTAL SUSPENDED SOLIDS, AMMONIA (AS NH1N), E. COLI, DISSOLVED OXYGEN, pH, AND TOTAL RESIDUAL CHLORINE. THE CITY SHALL PROVIDE THE DATE AND TIME THE AERATORS ARE TURNED OFF AND TURNED BACK ON FOR EVENTS SUBJECT TO PARAGRAPH 12.a ABOVE. FOR THE EVENTS SAMPLED PURSUANT PARAGRAPH 12.a ABOVE, THE CITY SHALL MONITOR WWTP INFLUENT AND EFFLUENT FLOW ON A CONTINUOUS BASIS, AS REQUIRED BY THE PERMIT, DURING THE PERIOD OF TIME THE AERATORS ARE TURNED OFF. THE CITY SHALL REPORT BOTH THE HOURLY MAXIMUM FLOW AND HOURLY AVERAGE FLOW FOR EACH HOUR OR PART THEREOF THAT THE AERATORS ARE OFF.

Defendants (1)

• ELKORN CITY, KY, CITY OFNamed in settlement

Facilities (1)

• ELKHORN CITY STP

  610 SEWER PLANT RD, ELKHORN CITY, KY, 41522

  Registry ID: 110006752380

Statutes cited

• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• ELKORN CITY, KY, CITY OFentered 2013-09-27

  Primary law: CWA

Timeline (4 milestones)

• 2013-09-27Final Order Issued
• 2013-09-30Enforcement Action Data Entered
• 2014-01-01NPDES Closed
• 2014-01-01Enforcement Action Closed