header-left
File #: 0007-23    Version: 1 Name: Stipulated Penalty Assessment
Type: Resolution Status: Approved
File created: 1/3/2023 In control: Urban County Council
On agenda: 1/31/2023 Final action: 1/31/2023
Enactment date: 1/31/2023 Enactment #: R-015-2023
Title: A Resolution authorizing payment in the amount of $25,000 to the Commonwealth of Ky., Ky. State Treasurer, and $25,000 to the United States Dept. of Justice, as stipulated penalties under the Consent Decree, and authorizing the Mayor, on behalf of the Lexington-Fayette Urban County Government, to execute any necessary documents related to the payment. [Div. of Water Quality, Martin]
Attachments: 1. Blue Sheet Memo, 2. Lexington KY CD Stip Demand Letter, 3. 00772732.pdf, 4. R-015-2023
Title
A Resolution authorizing payment in the amount of $25,000 to the Commonwealth of Ky., Ky. State Treasurer, and $25,000 to the United States Dept. of Justice, as stipulated penalties under the Consent Decree, and authorizing the Mayor, on behalf of the Lexington-Fayette Urban County Government, to execute any necessary documents related to the payment. [Div. of Water Quality, Martin]
Summary
Authorization for the payment of $25,000 each to the Kentucky State Treasurer and to the U.S. Department of Justice for Sanitary Sewer Overflows (SSOs) in accordance with the provisions of Paragraph 44(II) of the Consent Decree between LFUCG, the Commonwealth of Kentucky and the U.S. Environmental Protection Agency (EPA), for a total cost of $50,000. Funds are Budgeted. (L0007-23) (Martin/Albright)
Budgetary Implications [select]: Yes
Advance Document Review:
Law: Yes, Completed by Evan P. Thompson 01/03/2023
Risk Management: Yes
Fully Budgeted [select]: Yes
Account Number: 4002-303401-3401-78321
This Fiscal Year Impact: $50,000
Annual Impact: $
Project:
Activity:
Budget Reference:
Current Balance: $150,000.00
Body
WHEREAS, the Urban County Government, the United States Environmental Protection Agency, and the Commonwealth of Kentucky have entered into a Consent Decree in a case styled United States, et al. v. Lexington-Fayette Urban County Government, United States District Court for the Eastern District of Kentucky, Case No. 5:06-CV-00386, which includes a provision for stipulated penalties; and
WHEREAS, the Urban County Government has received a demand for payment in the amount of $50,000.00 for stipulated penalties; and
WHEREAS, the Consent Decree requires payment of fifty percent (50%) of the stipulated penalties to the Kentucky State Treasurer and fifty percent (50%) of the stipulated penalties to the United States Department of Justice.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - ...

Click here for full text