# SOMERSET, KY, CITY OF/PITMAN CREEK
> **Judicial** · FY1984 · — · Final Order With Penalty
## Case
- **Activity ID:** `20201`
- **Case Number:** 04-1984-0014
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $36K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CARROLL, ROGER (complaint) (settlement)
- FLOYD, PAUL (complaint) (settlement)
- SOMERSET, KY, CITY OF (complaint) (settlement)
## Summary

NATURE OF THE CASE:  THE TOWN OF SOMERSET, KY HAS FOR AN   UNDETERMINED LENGTH OF TIME, DISCHARGED POLLUTANTS THROUGH   TWO  BLOWOFF PIPES  INTO PITMAN CREEK. THEY HAVE ALSO DIS-   CHARGED POLLUTANTS THROUGH A PIPE AT ITS PARKER MILL ROAD    GRIT FACILITY INTO SINKING CREEK. SOMERSET DOES NOT HAVE A   NPDES PERMIT FOR THE PIPES REFERRED TO.                      ON MARCH 11, 1981, EPA ISSUED TO SOMERSET NPDES PERMIT NO.   KY0026611, SETTING LIMITATIONS ON POLLUTANT DISCHARGES FROM  THE CHANEY WTP TO PITMAN CREEK. SOMERSET HAS VIOLATED ITS    NPDES PERMIT AT RELEVANT TIMES.                                RECOMMENDED ACTION:  PLAINTIFFS PRAY THAT THE COURT:  EN-  JOIN DEFENDANTS FROM VIOLATING THE TERMS AND CONDITIONS OF   SOMERSET'S NPDES PERMIT, ENJOIN DEFENDANTS FROM DISCHARGING  POLLUTANTS INTO SINKING CREEK, ENJOIN DEFENDANTS FROM BY-    PASSING WASTES TO PITMAN CREEK EXCEPT IN STRICT COMPLIANCE   WITH SOMERSET'S NPDES PERMIT; ENJOIN SOMERSET FROM AUTHOR-   IZING THE INTRODUCTION INTO ITS CHANEY WTP OF ANY POLLUTANTS FROM ANY NEW SOURCE, AND ANY ADDITIONAL POLLUTANTS FROM ANY  EXISTING SOURCE UNTIL IT HAS DEMONSTRATED CONSISTENT COM-    PLIANCE FOR AT LEAST ONE FULL YEAR WITH ITS NPDES PERMIT.    ENJOIN DEFENDANTS TO PERMANENTLY SEAL THE  BLOW PIPES  AT    PITMAN CREEK; TO REMOVE THE PIPE AT THE PARKER MILL ROAD     GRIT FACILITY; IMPOSE A PENALTY NOT TO EXCEED $10,000 PER    DAY FOR EACH VIOLATION OF THE CWA; GRANT PLAINTIFFS ATTOR-   NEYS' FEES AND COST OF SUIT; AND ANY O

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