EPA v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT

Case summary

12/20/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $16,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO RETAIN PHAs AND UPDATED OR REVALIDATIONS FOR THE CHLORINE AND SULFUR DIOXIDE PROCESSES, AND DOCUMENT THE RESOLUTION OF RECOMMENDATIONS FOR THE LIFE OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(g); FAILED TO ASCERTAIN THAT EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS HAS RECEIVED AND UNDERSTOOD THE TRAINING REQUIRED; TO PREPARE A RECORD WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING, AND THE MEANS USED TO VERFIY THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); FAILED TO TRAIN EACH EMPLOYEE ON THE PROCESSES, HAZARDS AND PROCEDURES INVOLVED IN MAINTAINING THE ON-GOING INTEGRITY OF THE EQUIPMENT FOR EACH COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.73(c); FAILED TO DOCUMENT EACH INSPECTION AND TESTS THAT HAD BEEN PERFORMED ON THE EQUIPMENT FOR EACH COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.73(d)(4); AND FAIELD TO RETAIN THE TWO (2) MOST RECENT COMPLIANCE AUDIT REPORTS AS REQUIRED BY 40 CFR SECTION 68.79(e).

Defendants (1)

• LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENTNamed in complaintNamed in settlement

Facilities (1)

• WEST HICKMAN WASTE WATER TREATMENT PLANT

  3174 ASHGROVE PIKE, NICHOLASVILLE, KY, 40583

  Registry ID: 110000759705

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENTentered 2016-12-20

  Primary law: CAA

  Federal penalty: $16,800

Timeline (4 milestones)

• 2016-12-20Final Order Issued
• 2016-12-20Enforcement Action Closed
• 2016-12-20Complaint Filed/Proposed Order
• 2017-01-04Enforcement Action Data Entered