# MIDDLESBORO, CITY OF, ET AL
> **Judicial** · FY1987 · — · Final Order With Penalty
## Case
- **Activity ID:** `20302`
- **Case Number:** 04-1987-0039
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $125K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- KENTUCKY, COMMONWEALTH OF (complaint) (settlement)
- MIDDLESBORO TANNING CO. OF DELAWARE, INC (complaint) (settlement)
- MIDDLESBORO, KY. CITY OF (complaint) (settlement)
## Summary

THE INITIAL CASE WAS BROUGHT AGAINST THE CITY OF           MIDDLESBORO TO FORCE COMPLIANCE WITH NPDES PERMIT CONDI-     TIONS.  THE TANNERY WAS NAMED AS AN INTERESTED PARTY, AS     THE LARGEST INDUSTRIAL USER OF THE CITY WASTEWATER TREAT-    MENT PLANT.  THE INITIAL COMPLAINT WAS SETTLED, WITH ALL     PARTIES (INCLUDING THE YELLOW CREEK CONCERNED CITIZENS, WHO  LIVE DOWNSTREAM OF THE CITY PLANT DISCHARGE) SIGNING THE     CONSENT DECREE.  THE MOST IMPORTANT REQUIREMENT IN THE       CONSENT DECREE WAS A REQUIREMENT FOR THE CITY TO BUILD A NEW WASTEWATER TREATMENT PLANT BY OCTOBER, 1986, AND ACHIEVE     COMPLIANCE WITH NPDES PERMIT LIMITS BY JANUARY, 1987.  BOTH  OF THESE WERE ACCOMPLISHED ON SCHEDULE.  THE CITY AND        TANNERY DID VIOLATE LESSER REQUIREMENTS OF THE CONSENT       DECREE, AND THE U.S. FILED MOTIONS TO ENFORCE THESE          VIOLATIONS, AGAINST THE CITY AND TANNERY.  AFTER EXTENSIVE   DISCOVERY, A WEEK BEFORE TRIAL THE CITY AND TANNERY ACCEPTED OUR SETTLEMENT AMOUNT OF $125,000, CONTINGENT ON AGREEMENT   TO OTHER TERMS OF A SETTLEMENT.  AN AMENDED CONSENT DECREE   WAS NEGOTIATED IN OCT., AND SENT TO THE PARTIES FOR CON-     CURRENCE AT THE END OF NOVEMBER, AFTER REVIEW AND COMMENTS   (INCORPORATED INTO THE ACD) BY EPA OECM AND DOJ.  THE        CITIZENS GROUP WILL PROBABLY OPPOSE THIS SETTLEMENT BUT THE  OTHER PARTIES ARE EXPECTED TO SIGN.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*