Environmental and Public Protection Cabinet
State cites Johnson County man for sewage dumping

FRANKFORT, Ky. (Dec. 22, 2006) - A Johnson County man has been cited by the state Division of Water (DOW) for allegedly dumping raw sewage earlier this week into a storm drain that eventually reached the Big Sandy River near Paintsville.

Dave Bowling, Hager Hill, has been given a Notice of Violation (NOV) by DOW for polluting a tributary of the Big Sandy by discharging untreated sewage from a tanker truck into the storm drain. State regulations prohibit degrading any waters of the commonwealth.

Bowling was also cited for failing to obtain a permit for a discharge, for failing to treat the material and for failing to report the release of the raw sewage.

DOW was notified of the release Dec. 18 by an inspector of the Environmental and Public Protection Cabinet’s (EPPC) Office of the Inspector General (OIG). The OIG inspector was participating in a joint investigation of Bowling with the U.S. Environmental Protection Agency and the state Bureau of Investigation.

Bowling is subject to a civil penalty of up to $25,000 per day per violation.

In a related matter, the Franklin Circuit Court has appointed a temporary receiver to take over five wastewater treatment plants owned by Jeffery Lance Bowling, Dave Bowling’s son.

EPPC filed an emergency motion in court on Wednesday seeking action to control the operation of the wastewater treatment plants. Judge Sam D. McNamara on Thursday appointed Squire N. Williams III as special master commissioner and temporary receiver of the plants. Williams will be able to collect fees from plant customers and pay a plant operator to be appointed by EPPC.