7/18/2012 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. THIS ORDER SUPERSEDES CWA-04-2012-4750.
DMRs SUBMITTED TO KDEP BY MURRAY INDICATE THAT MURRAY HAS DISCHARGED POLLUTANTS IN VIOLATION OF THE EFFLUENT LIMITATIONS ESTABLISHED IN ITS PERMIT IN 164 INSTANCES DURING THE PERIOD FROM DEC 31, 2006 THRU JUNE 31, 2011. EFFLUENT PARAMETERS VIOLATED INCLUDE CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD), TOTAL SUSPENDED SOLIDS (TSS), TOTAL PHOSPHOROUS, TOTAL RESIDUAL CHLORINE (TRC), FECAL COLIFORM, TSS % REMOVAL, E.COLI, AMMONIA-NITROGEN, AND TOXICITY.
ON DEC 24, 2008, KY ENERGY AND ENVIRONMENT CABINET ISSUED AN AGREED ORDER THAT COVERED THE VIOLATIONS THAT OCCURRED DURING THE TIMEFRAME FROM DEC 31, 2006 THRU DEC 22, 2007. ON APR 26, 2011, THE CABINET SENT A CLOSURE LETTER TO MURRAY TERMINATING THE AGREED ORDER.
ON APR 14, 2011, EPA SENT A NOTICE OF VIOLATION LETTER TO MURRAY REGARDING THE EFLUENT VIOLATIONS DESCRIBED ABOVE. AS A RESULT, EPA AND MURRAY HELD A SHOW CAUSE MEETING ON JULY 14, 2011.
THIS ORDER ADDRESSES THE VIOLATIONS NOT COVERED IN THE CABINET'S AGREED ORDER, FOCUSING INSTEAD ON THE TIMEFRAME FROM FEB 29, 2008 THRU JUNE 3, 2011. DURING THIS TIME, MURRAY VIOLATION CWA 301(a) IN THAT MURRAY DISCHARGED WASTEWATER CONTAINING POLLUTANTS TO THE NAVIGABLE WATERS NOT IN COMPLIANCE WITH ITS NPDES PERMIT. MURRAY FAILED TO COMPLY WITH THE EFFLUENT LIMITATIONS AND REQUIREMENTS OF ITS PERMIT FOR CBOD, TSS, TOTAL PHOSPHOROUS, TRC, FECAL COLIFORM, TSS % REMOVAL, E.COLI, AND A