FRANKFORT, Ky. (Feb. 2, 2005) – The Kentucky Department for Environmental Protection (DEP) has issued a notice of violation (NOV) against Mid-Valley Pipeline Co., owner of an oil pipeline that ruptured Jan. 26, affecting a 16-mile stretch of the Kentucky River in Owen and Carroll counties.
The NOV advises Mid-Valley Pipeline that the release of oil, estimated by the company at 63,000 gallons, violated a statute and two regulations prohibiting degradation of Kentucky surface waters, general pollution of surface waters and discharges of materials toxic to humans and aquatic life.
The NOV also states that the company failed to comply with a statute and a regulation requiring parties responsible for a reportable spill to immediately notify the Environmental and Public Protection Cabinet (EPPC). Mid-Valley Pipeline is entitled to present evidence of mitigating circumstances. The company also can contest the Department’s findings and receive an administrative hearing, after which a hearing officer would make a recommendation to EPPC Secretary LaJuana S. Wilcher. A civil penalty, if any, would be set at the direction of Secretary Wilcher.
Kentucky law allows the EPPC to seek penalties up to $25,000 per day for each violation.
The NOV was sent by certified mail to Mid-Valley Pipeline headquarters in Philadelphia and to the company’s Kentucky office at Burlington. A copy was personally delivered to a field representative in Carrollton.