EPA v. ELLIS ENTERTAINMENT LLC

Case summary

JUNE 21, 2021 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT On July 9, 2019, the EPA and KDEP conducted a Compliance Evaluation Inspection (CEI) of the Facility to evaluate the Facility's compliance with Section 301(a) of the CWA, 33 U.S.C. ? 1311(a), and the Consolidated CAFO Regulations. The CEI revealed that Respondent failed to comply with the requirements of Section 301 of the CWA, 33 U.S.C. ? 1311. Specifically, the EPA has identified the following violations: a. Horse wash water (wastewater) discharges into the storm drains and flows into two pump stations: Pump # 1 (the east side stormwater sump pit/pumping station located at N37.916685/W87.538450) that pumps over the flood wall and discharges into a ditch leading to the south Ellis Park perennial slough which flows south into the Ohio River, a water of the United States; or Pump # 2 (the north side, stormwater sump pit/pumping station located at N37.921171/W87.544867 behind the maintenance shop) that pumps over the flood wall and discharges into a ditch leading to the northwest Waterworks Road perennial slough which flows west into the Ohio River, a water of the United States. b. Horse muck is stored in an open area without cover. During rain events, the contaminated stormwater is discharged into the storm drain and flows into Pump #1 (the east side storm water sump pit/pumping station located at N37.916685/ W87.538450) that pumps over the flood wall and discharges into a ditch leading to the south Ellis Park perennial slough, which flows south into the Ohio River, a water of the United States. On January 9, 2020, the EPA sent the Respondent an Information Request pursuant to Section 308 of the CWA, 33 U.S.C ? 1318. On February 28, 2020, the EPA received the Respondent's response to the Information Request. Respondent, in its Section 308 response, provided information confirming the discharge of pumped wastewater from the horse wash area via the east side pumping station (Pump #1) or the north side (behind the maintenance shop) pumping station (Pump #2). Discharges from these pumps flow into adjacent drainage ditches, through the levee system surrounding the Facility, and ultimately into the Ohio River. Pump #1, located at N37.916685/W87.538450, discharges into a ditch that leads to the south Ellis Park perennial slough, which flows south into the Ohio River. Pump #2, located at N37.921171/W87.544867, discharges into a ditch that leads to the northwest Waterworks Road perennial slough which flows west into the Ohio River. The Ohio River is a water of the United States. On May 11, 2021, Respondent provided its daily horse inventory for 2020 which indicated that the Facility stabled more than 500 horses on 69 days in the year. EPA determined from this information that the Facility qualifies as a Large CAFO. Therefore, Respondent is in violation of Section 301 of the CWA, 33 U.S.C. ? 1311, by discharging pollutants from the Facility to waters of the United States without proper authorization. On June 22, 2020, EPA sent the Respondent a Notice of Potential Violation and Opportunity to Show Cause Pursuant to Section 309(a) of the Clean Water Act (CWA), 33 U.S.C. ? 1319.

Defendants (1)

• ELLIS ENTERTAINMENT LLCNamed in settlement

Facilities (1)

• ELLIS PARK

  3300 US HIGHWAY 41 NORTH, HENDERSON, KY, 42419

  Registry ID: 110008367212

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ELLIS ENTERTAINMENT LLCentered 2021-06-21

  Primary law: CWA

Timeline (2 milestones)

• 2021-06-21Final Order Issued
• 2022-09-19Enforcement Action Data Entered