EPA v. TRANSIT AUTHORITY OF RIVER CITY

Case summary

SEPTEMBER 9, 2021 - ADMINISTRATIVE ORDER ON CONSENT ISSUED: On March 15, 2019, an EPA-authorized representative performed an inspection of the Subject Well and noted that the underground injection was in active status. On July 6, 2020, the EPA transmitted to Respondent, via email, the Information Request Letter {IRL), Docket No. SDWA-1445-2020-07, Pursuant to Section 1445(a)(l)(A) of the Safe Drinking Water Act, 42 U.S.C. ? 300j-4{a), and UlC regulation at 40 C.F.R. ? 144.17, requesting records review to determine UIC compliance of the Subject Well. On August 11, 2020, Respondent provided monitoring records for the time-period spanning Years 2017 through 2019, containing information ou daily and monthly precipitation data obtained from the Louisville/Jefferson County, Metropolitan Sewer District (MSD), to show rates of injection calculated for each and every month. On March 18, 2021, the EPA transmitted to Respondent via email a Notice of Potential Violation of the Safe Drinking Water Act On April 6, 2021, the EPA emailed to Respondent an Information Request Letter (IRL), Docket No. SDWA-1445-2020-08, 300j-4(a), and the UIC regulation at 40 C.F.R. ? 144.17, requesting copies of correspondence with EPA to determine UIC compliance of the Subject Well. On April 22, 2021, Respondent transmitted its response to the EPA, via email, providing all documentation on the permit application that was previously submitted, showing maps of water wells located in the area, and maps of four storm water drainage wells, as planned for basin infiltration. On June 15, 2021, the EPA conducted a show cause meeting with Respondent to develop the next steps needed to return to compliance. The EPA has determined that Respondent is in violation of Section 1423 and Part C of the SDWA, 42U.S.C. ? 300h, et seq., and 40 C.F.R., ? 144.11, Subpart B, which prohibits any underground injection or construction of an underground injection well that is not authorized by rule under 40 C.F.R Part 144, Subpart C, or by a permit issued pursuant to 40 C.F.R. Part 144, Subpart D. EPA has determined that Respondent is in violation of Section 1450(a)(l) of the SDWA, 42 U.S.C. ? 300f, et seq., and 40 C.F.R. Part 144, Subpart G, which establishes requirements for owners and/or operators of Class V injection wells, as defined in? 144.80. 40 C.F.R. ? 144.82 (a).

Defendants (1)

• TRANSIT AUTHORITY OF RIVER CITYNamed in settlement

Facilities (1)

• TARC

  1000 WEST BROADWAY, LOUISVILLE, KY, 40203-2031

  Registry ID: 110009573773

Statutes cited

• SDWA 1423C — UIC - Violation of 1423(c) AO

Enforcement conclusions (1)

• TRANSIT AUTHORITY OF RIVER CITYentered 2021-09-09

  Primary law: SDWA

Timeline (3 milestones)

• 2021-09-09Final Order Issued
• 2021-09-15Enforcement Action Data Entered
• 2022-08-31Enforcement Action Closed