Sep 28, 2006

Lexington Residents Threaten to Sue Over Storm Water Problems

A group of residents in Lexington, Ky., have threatened to sue the city over storm water problems.

The troubles became even more apparent after last week’s heavy rains left sections of the city deluged.

According to the Lexington Herald-Leader, the group includes four citizens and the Fayette County Neighborhood Council. The group has served the city with a 60-day notice to fix the storm water system problems, or else a lawsuit will be filed.

The lawsuit was planned before the recent rains left residents with mudslides and overflowing sewers. Attorney Scott White told the Lexington Herald-Leader that the city is operating storm water systems that are antiquated and do not meet the Clean Water Act.

White also pointed out that sudden downpours create public health issues. The lawsuit will also charge that the city knew about the problems but did not report violations in accordance with federal law.

The Clean Water Act requires a 60-day period before filing a suit in order to give the city and the EPA time work out a plan to correct the problems.