MATTHEW G. BEVIN CHARLES G. SNAVELY GOVERNOR SECRETARY E NERGY E NVIRONMENT C ABINET AND D EPARTMENT FOR E NVIRONMENTAL P ROTECTION A ARON B. K EATLEY COMMISSIONER DIVISION OF WATER 300 SOWER BLVD FRANKFORT KY 40601 January 11, 2017 Certified No. 7013 3020 0001 0603 8950 Return Receipt Requested Kentucky Utilities Co. 220 West Main Street Louisville, KY 40202 ATTN: Michael Winkler Re: Notice of Violation AI ID: 3148 AI Name: KY Utilities Co - Brown Station Activity ID: ENV20170001 Permit No. KY0002020 Mercer County, KY Dear Mr. Winkler: The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Investigation Report and Notice of Violation for violations discovered at your facility. Please review this Notice of Violation carefully to ensure that all remedial measures are completed by the specified deadlines. Your cooperation and attention to this matter is appreciated. If you have any questions, please contact me at 502-782-6348. Sincerely, Robert H Daniell, Supervisor Frankfort Regional Office Division of Water Enclosure: Investigation Report/Notice of Violation KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D COMMONWEALTH OF KENTUCKY ENERGY AND ENVIRONMENT CABINET DEPARTMENT FOR ENVIRONMENTAL PROTECTION Division of Water NOTICE OF VIOLATION To: Kentucky Utilities Co. 220 West Main Street Louisville, KY 40202 ATTN: Michael Winkler AI Name: KY Utilities Co - Brown Station AI ID: 3148 Discovery ID: CIV20150003 County: Mercer Enforcement Case ID: Date(s) Violation(s) Observed: 11/24/2015 Activity ID: ENV20170001 This is to advise that you are in violation of the provisions cited below: 1 Violation Description for Subject Item AIOO0000003148: No person shall directly, or indirectly, throw, drain, run or otherwise discharge into any of the waters of the Commonwealth, or cause, permit or suffer to be thrown, drained, run otherwise discharged into such waters any pollutant, or any substance that shall cause or contribute to the pollution of the waters of the commonwealth in contravention of the standards adopted by the cabinet or in contravention of any of the rules, regulations, permits, or orders of the cabinet or in contravention of any of the provisions of this chapter. [KRS 224.70-110] Description of Non Compliance: EW Brown directly or indirectly discharged, or caused or permitted to be discharged, a pollutant or substance that has caused or contributed to pollution of a water of the Commonwealth in contravention of the standards adopted by the cabinet or of the provisions of Chapter 224 or regulations promulgated thereunder. On November 24, 2015 and December 4, 2015, spring water samples were collected at four locations surrounding the KU - E.W. Brown Generating Station. Analytical results from these spring samples identified selenium levels in HQ Spring and Briar Patch Spring above Kentucky's selenium water column criterion of 5.0 µg/L. The flow from these two springs enters Herrington Lake via surface water (HQ Stream) to HQ Inlet. On May 6, 2016, fish samples were collected from Herrington Lake adjacent to HQ Inlet. These fish samples were analyzed for total selenium content based on a whole body tissue analysis. Nine of the ten whole body fish tissue samples exceeded Kentucky's whole body fish tissue selenium criteria of 8.6 mg/kg. These analyses indicate a violation of the water quality standards of the Commonwealth and degradation of the waters adjacent to the facility. The remedial measure(s), and date(s) to be completed by are as follows: By April 14, 2017, submit to the Division of Water a Corrective Action Plan, including a written plan of action, including a monitoring plan, and a schedule of implementation describing the measures necessary to address this non-compliance. [KRS 224.70-110] 2 Violation Description for Subject Item AIOO0000003148: Surface waters shall not be aesthetically or otherwise degraded. [401 KAR 10:031 Section 2] Description of Non Compliance: EW Brown has aesthetically or otherwise degraded surface waters. On November 24, 2015 and December 4, 2015, spring water samples were collected at four locations surrounding the KU - E.W. Brown Generating Station. Analytical results from these spring samples identified selenium levels in HQ Spring and Briar Patch Spring above Kentucky's selenium water column criterion of 5.0 µg/L. The flow from these two springs enters Herrington Lake via surface water (HQ Stream) to HQ Inlet. On May 6, 2016, fish samples were collected from Herrington Lake adjacent to HQ Inlet. These fish samples were analyzed for total selenium content based on a whole body tissue analysis. Nine of the ten whole body fish tissue samples exceeded Kentucky's whole body fish tissue selenium criteria of 8.6 mg/kg. These analyses indicate a violation of the water quality standards of the Commonwealth and degradation of the waters adjacent to the facility. The remedial measure(s), and date(s) to be completed by are as follows: By April 14, 2017, submit to the Division of Water a Corrective Action Plan, including a written plan of action, including a monitoring plan, and a schedule of implementation describing the measures necessary to address this non-compliance. [401 KAR 10:031 Section 2] Violations of the above cited statute(s) and/or regulation(s) are subject to a civil penalty per day per violation. Violations carry civil penalties of up to $25,000 per day per violation depending on the statutes/regulations violated. In addition, violations may be concurrently enjoined. Compliance with remedial measures and their deadlines does not provide exemption from liability for violations during the period of remediation, nor prevent additional remedial measures from being required. If you have questions or need further information, write or call the undersigned: Division of Water Frankfort Regional Office 300 Sower Blvd Frankfort, KY 40601 502-782-6348 (8:00 AM – 4:30 PM) Robert H Daniell, Supervisor Issued By: Robert H Daniell, Supervisor Date: January 11, 2017 How Delivered: Certified/Registered # 7013 3020 0001 0603 8950