EPA and the Kentucky DEP coordinate storm water compliance and enforcement in Kentucky under the Clean Water Act

The U.S. Environmental Protection Agency (EPA) and the Kentucky Department of Environmental Protection (KDEP) coordinated compliance and enforcement actions to address violations of the Clean Water Act (CWA) associated with the treatment and disposal of storm water at construction sites in the Frankfort and Florence areas.

Feb 12th, 2004


Feb. 12, 2004 -- The U.S. Environmental Protection Agency (EPA) and the Kentucky Department of Environmental Protection (KDEP) coordinated compliance and enforcement actions to address violations of the Clean Water Act (CWA) associated with the treatment and disposal of storm water at construction sites in the Frankfort and Florence areas. These activities have resulted in adverse impacts on water quality.

Inspections were performed during the week of September 15, 2003, at construction sites that exceeded 5-acres of disturbed land within the Frankfort and Florence areas.

Each site was evaluated based upon compliance with Kentucky's General Pollutant Discharge Elimination System Permit for Storm Water Point Source Discharges and Construction Activities issued under the National Pollutant Discharge Elimination System (NPDES) Permit Program.

EPA and KDEP evaluated the facilities' impact on the receiving streams and their compliance with the federal and state storm water regulations.

As a part of this effort, EPA, in cooperation with KDEP, has issued Administrative Orders (AOs) to each of the facilities. The AOs require the submission of a permit application or a Notice of Intent (NOI) for coverage under the general permit and the installation and/or maintenance of Best Management Practices (BMPs) throughout the sites. Penalties associated with these violations will be determined at a later date. The facilities include:

Administrative Orders

Cutter Homes, Limited sites:

Marehaven Phase III - Lexington
Coldstream Station - Lexington
Walnut Creek Phase I, II, and III - Lexington
The Village at Duckers Lake - Frankfort
Elkhorn-Green - Georgetown

Ryland Homes sites:

Plantation Pointe at Savannah Lakes - Florence
Pebble Creek Phase 5 - Falls Creek - Burlington
Harvest Hills-Phase 5 - Florence
Wyndemere - Hebron

Storm water runoff from construction activities can have a significant impact on water quality which contributes sediment and other pollutants exposed at construction sites. Polluted storm water runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards.

Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. When left uncontrolled, this water pollution can result in the destruction of fish, wildlife, and aquatic life habitats; a loss in aesthetic value; and threats to public health due to contaminated food, drinking water supplies, and recreational waterways.

Mandated by Congress under the Clean Water Act, the NPDES Storm Water Program is a comprehensive two-phased national program for addressing the non-agricultural sources of storm water discharges which adversely affect the quality of our nation's waters. The Program uses the National Pollutant Discharge Elimination System (NPDES) permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by storm water runoff into local water bodies.


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