FRANKFORT, Ky. (Feb. 27, 2004) – The state Environmental and Public Protection Cabinet (EPPC) has announced two enforcement actions concerning the Louisville and Jefferson County Metropolitan Sewer District (MSD) for multiple discharge violations from its sewer system. These discharges include those from the Morris Forman Wastewater Treatment Plant (MFWTP) and sanitary sewer overflows (SSOs).

On Feb. 25 the cabinet and MSD signed an agreed order to settle compliance violations at the district’s MFWTP. Discharges exceeding permit limits for total suspended solids, fecal coliform and total residual chlorine at the MFWTP occurred from January 2002 to May 2003.

The cabinet issued Notices of Violation to MSD for failing to comply with effluent limits contained in a permit issued by the agency. Limits were exceeded while the plant was undergoing a multi-year construction project.

To settle the enforcement actions, MSD has agreed to perform four Supplemental Environmental Projects (SEPs) at a cost of more than $1 million. The SEPs involve bank restoration, erosion repair and stabilization projects on Leith Lane and the South Fork of Beargrass Creek, as well as environmental education activities and a contribution to the Kentucky Pollution Prevention Center.

In addition, the cabinet today filed a complaint in Franklin Circuit Court alleging unauthorized SSO discharges in violation of federal and state laws protecting Kentucky’s streams, creeks and rivers.

SSOs are the discharges of untreated sewage that contaminate water resources, threaten public health and cause property damage. SSOs typically occur during rainfall events when sewage and rainwater are diverted, causing overflows in customer’s homes and basements. The U.S. Environmental Protection Agency (EPA) estimates there are at least 40,000 SSOs each year across the country.

MSD reported the discharges in nine watersheds from manholes, pump stations and small treatment plants.

"The state has the responsibility to ensure that MSD has an acceptable, enforceable schedule for ending unauthorized discharges," said LaJuana S. Wilcher, secretary of EPPC. "We intend to do our job, working with EPA and MSD to resolve all outstanding violations."

The complaint requests a civil penalty be assessed and that MSD be enjoined from further unauthorized discharges.

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