Lexington Consent Decree – A Unique Enforcement Action (SSO & MS4 Violations)
Over a 14-month period, USEPA, KyEEC and LFUCG negotiated the terms of a Consent Decree, which was to provide detailed remedial measures and appropriate implementation schedules for resolving the alleged CWA violations. At the beginning of the negotiations, the prior LFUCG administration invited a citizens group to attend negotiation sessions. Later, this group was asked to remove themselves from the negotiations. The citizens group subsequently filed a complaint in intervention but the Court refused to allow the group to participate in negotiations.
In March 2008, a Consent Decree, signed by USEPA, KyEEC, and LFUCG was lodged in U.S. District Court, Eastern District of Kentucky, Central Division at Lexington. After consideration of public comments, as required by the CWA, the Court rejected the Consent Decree, issuing an opinion that the “penalties were too high and that the penalty money could be better applied to the work required under the Consent Decree”.
The USEPA appealed this ruling to the Sixth Circuit Court of Appeals and the parties are in the process of submitting briefs. LFUCG has continued to implement remedial measures contained in the rejected Consent Decree, in accordance with the schedules contained in the Consent Decree, as lodged with the Court on March 14, 2008.
Keywords: Capacity Assurance Program; Capacity; Management; Operations; and Maintenance program (CMOM); Effective Date; Lodging Date; Measurable Goal; Municipal Separate Storm Sewer System (MS4); Performance Standard; Remedial Measures; Storm Water Quality Management Program (SWQMP); Supplemental Environmental Projects (SEPs)
Document Type: Research Article
Publication date: 2009-01-01
- Proceedings of the Water Environment Federation is an archive of papers published in the proceedings of the annual Water Environment Federation® Technical Exhibition and Conference (WEFTEC® ) and specialty conferences held since the year 2000. These proceedings are not peer reviewed. A subscription to the Proceedings of the Water Environment Federation includes access to most papers presented at the annual WEF Technical Exhibition and Conference (WEFTEC) and other conferences held since 2000. Subscription access begins 12 months after the event and is valid for 12 months from month of purchase. A subscription to the Proceedings of the Water Environment Federation is included in Water Environment Federation (WEF) membership.
WEF Members: Sign in (right panel) with your IngentaConnect user name and password to receive complimentary access. Access begins 12 months after the conference or event
- Subscribe to this Title
- Membership Information
- About WEF Proceedings
- WEFTEC Conference Information
- Learn about the many other WEF member benefits and join today
- Ingenta Connect is not responsible for the content or availability of external websites