Environmental Matters in the Commonwealth of Kentucky

The Lexington-Fayette Urban County Government (LFUCG) in Kentucky has agreed to make extensive improvements to its sewer systems, at a cost estimated to exceed $290 million, to eliminate unauthorized overflows of untreated raw sewage, and to reduce pollution levels in urban storm water. In addition, LFUCG will pay a civil penalty of $425,000 to the United States and implement two federal and two state environmental projects valued at $2.73 million that will provide additional environmental benefits to the Lexington community.  The settlement was announced today jointly by the U.S. Justice Department, the U.S. Environmental Protection Agency (EPA), and Kentucky’s Environmental and Public Protection Cabinet (EPPC).  The consent decree, lodged in the U.S. District Court for the Eastern District of Kentucky in Lexington, resolves the joint federal and state complaint filed in November 2006.   According to the settlement, LFUCG will complete two federal supplemental environmental projects.  The first project requires LFUCG to restore and preserve approximately 8/10 of a mile of the Cane Run stream at Cold Stream Park, at a cost of $1 million.  The second requires LFUCG to manage storm water runoff at one or more sites in the Lexington area using green infrastructure principles at an estimated cost of about $230,000.

In addition, LFUCG will conduct two state environmental projects. First, LFUCG will eliminate the poorly performing Blue Sky Wastewater Treatment Plant in southeast Fayette County by instead treating that sewage at one of the city’s other treatment plants, at an estimated cost of at least $1.3 million.  Second, LFUCG will complete a $200,000 evaluation of flooding problems in Lexington and establish a funding mechanism that will raise $30 million over a 10-year period to implement flood control projects.  The proposed consent decree with LFUCG is subject to a 30 day public comment period and final court approval. A copy of the consent decree lodged today is available on the Department of Justice Web site at http://www.usdoj.gov/enrd/open.html.  The Consent Decree may also be examined at the Office of the United States Attorney for the Eastern District of Kentucky, 260 West Vine Street, Lexington, KY 40507, and at the Region 4 Office of the
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303.