City of Bowling Green, Kentucky

Citation Number:
2025-00000684.7

Date Issued:
Wed, Jul 23, 2025 3:24 PM

Status:
Final Order

Total Citation Amount:
$100.00

Name of Person Cited:
3 BROS, LLC

Property in Violation:
5402 BAKERS SPRING ST 1011 College St
BOWLING GREEN KY 42101
PVA Parcel #: 029B06 078

Property Owner:
3 BROS, LLC
8775 NASHVILLE RD
BOWLING GREEN KY 42101-8736

Code Compliance Officer:
Dara Price

Inspection Date:
Wed, Jul 23, 2025 12:30 PM

Code:
BGKY C21 21.2.03.d Requirement to adhere to the COBG BMP Manual Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Construction Site Stormwater Management

Code Description:
Requirements for the design, maintenance, and a menu of Best Management Practices (BMPs) are located in the City of Bowling Green Stormwater BMP Manual. Site construction in the City shall comply with the provisions of the BMP Manual. Good afternoon, After my inspection today, the following is not meeting EPSC guidelines. There is mud tracked out in the roadway, neighboring entrance is being utilized as a construction entrance now and has been damaged due to this, grade is holding water at front foundation of house and by roadway where trench has been dug, Illicit discharge piles, grade needs stabilization, No Best Management Practices installed for silt control in some areas in the side and rear of property and what little is at the front of the property, is not maintained, no permit or SWPPP posted on site, Trash and construction debris not cleaned up nor contained properly, construction entrance is not appropriate, nor installed correctly, Re-inspection for Compliance on 7/31/25. Day to Day fines will begin until compliance is met.

Code:
BGKY C21 21.2.04.a Illicit Discharge; Applicability, Responsibility Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Other than naturally-occurring stormwater, no person shall discharge or cause to be discharged into the MS4, or any conveyance, any materials, including but not limited to pollutants or hazardous materials or waters containing any pollutants or hazardous materials that cause or contribute to a violation of applicable water quality standards. Allowable discharges that create or have the potential to create unsafe conditions on city streets or other public rights-of-way are prohibited. The commencement, conduct or continuance of any illegal discharge to the MS4 or any conveyance is prohibited. Good afternoon, After my inspection today, the following is not meeting EPSC guidelines. There is mud tracked out in the roadway, neighboring entrance is being utilized as a construction entrance now and has been damaged due to this, grade is holding water at front foundation of house and by roadway where trench has been dug, Illicit discharge piles, grade needs stabilization, No Best Management Practices installed for silt control in some areas in the side and rear of property and what little is at the front of the property, is not maintained, no permit or SWPPP posted on site, Trash and construction debris not cleaned up nor contained properly, construction entrance is not appropriate, nor installed correctly, Re-inspection for Compliance on 7/31/25. Day to Day fines will begin until compliance is met.

Code:
BGKY C21 21.2.04.i Failure to fulfill discharge monitoring requirements Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
This Section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity. 1. The City shall be permitted to enter and inspect facilities subject to regulation under this Section as often as may be necessary to determine compliance with this Section. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow immediate access to representatives of the City. 2. Facility operators shall allow the City immediate access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. 3. The City shall have the right to install on any permitted facility such devices as are necessary in the opinion of the Public Works Director or designee to conduct monitoring and/or sampling of the facility's discharge. 4. The City shall have the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of City and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Any interference with allowing the City access to a permitted facility is a violation of this Section. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits a violation if the person denies the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Section. 7. If the City has been refused access to any part of the premises from which stormwater is discharged and is able to demonstrate probable cause to believe that there may be a violation of this Section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Section, or any order issued hereunder to protect the overall public health, safety and welfare of the community, the City may seek all appropriate remedies from any court of competent jurisdiction, including the issuance of a search warrant. Good afternoon, After my inspection today, the following is not meeting EPSC guidelines. There is mud tracked out in the roadway, neighboring entrance is being utilized as a construction entrance now and has been damaged due to this, grade is holding water at front foundation of house and by roadway where trench has been dug, Illicit discharge piles, grade needs stabilization, No Best Management Practices installed for silt control in some areas in the side and rear of property and what little is at the front of the property, is not maintained, no permit or SWPPP posted on site, Trash and construction debris not cleaned up nor contained properly, construction entrance is not appropriate, nor installed correctly, Re-inspection for Compliance on 7/31/25. Day to Day fines will begin until compliance is met.

Code:
BGKY C21 21.2.04.j Failure to properly implement required BMPs Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Requirement to prevent, control and reduce stormwater pollutants by the use of BMPs. The City shall review and approve BMPs for any activity, operation or facility that may cause or contribute to pollution, discharge of hazardous materials or has the potential to contaminate naturally occurring stormwater or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or any conveyance through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise which is, or may be, the source of an illicit discharge may be required to implement, at such person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants or hazardous materials to the MS4 or any conveyance. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. Good afternoon, After my inspection today, the following is not meeting EPSC guidelines. There is mud tracked out in the roadway, neighboring entrance is being utilized as a construction entrance now and has been damaged due to this, grade is holding water at front foundation of house and by roadway where trench has been dug, Illicit discharge piles, grade needs stabilization, No Best Management Practices installed for silt control in some areas in the side and rear of property and what little is at the front of the property, is not maintained, no permit or SWPPP posted on site, Trash and construction debris not cleaned up nor contained properly, construction entrance is not appropriate, nor installed correctly, Re-inspection for Compliance on 7/31/25. Day to Day fines will begin until compliance is met.

Code:
BGKY C21 21.3.01.c Sidewalks, Ramps, Entrances w/out approval or w/o meeting standards Public Infrastructure, Rights-of-Way and Stormwater / Construction, Repair, Permitting and Maintenance / Infrastructure Requirements

Code Description:
Any person proposing or constructing sidewalks, handicap ramps or drive entrances on public right-of-way shall have prior approval through permitting or plan approval by the Public Works Director or designee. All design and construction must meet Americans with Disabilities Act (ADA) requirements as well as all requirements in the City’s Traffic Management Manual and other requirements as determined by the Public Works Director or designee. Good afternoon, After my inspection today, the following is not meeting EPSC guidelines. There is mud tracked out in the roadway, neighboring entrance is being utilized as a construction entrance now and has been damaged due to this, grade is holding water at front foundation of house and by roadway where trench has been dug, Illicit discharge piles, grade needs stabilization, No Best Management Practices installed for silt control in some areas in the side and rear of property and what little is at the front of the property, is not maintained, no permit or SWPPP posted on site, Trash and construction debris not cleaned up nor contained properly, construction entrance is not appropriate, nor installed correctly, Re-inspection for Compliance on 7/31/25. Day to Day fines will begin until compliance is met.

Code:
BGKY C21 21.3.02.a.2/3 Access to street does not comply/wasn't approved Public Infrastructure, Rights-of-Way and Stormwater / Construction, Repair, Permitting and Maintenance / Traffic Management Design Requirements

Code Description:
21.3.02.a.2 General Requirements for Access Control. Requirements for access are located in the Access Management section of the City’s Traffic Management Manual. Any access to a city-maintained right-of-way/roadway must comply with the requirements set forth in that Manual and/or be approved by the Public Works Director or designee. 21.3.02.a.3 State Requirements for Access Control. All applicable State requirements must be met when seeking access approval to a State or Federal highway. Additionally, any access to state roads within city limits shall be reviewed by the City and City-County Planning Commission. Good afternoon, After my inspection today, the following is not meeting EPSC guidelines. There is mud tracked out in the roadway, neighboring entrance is being utilized as a construction entrance now and has been damaged due to this, grade is holding water at front foundation of house and by roadway where trench has been dug, Illicit discharge piles, grade needs stabilization, No Best Management Practices installed for silt control in some areas in the side and rear of property and what little is at the front of the property, is not maintained, no permit or SWPPP posted on site, Trash and construction debris not cleaned up nor contained properly, construction entrance is not appropriate, nor installed correctly, Re-inspection for Compliance on 7/31/25. Day to Day fines will begin until compliance is met.