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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Piggott, Arkansas, (“Piggott”) entered into a January 3rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 22-005.

The CAO provides that Piggott operates a municipal wastewater treatment facility (“Facility”) in Clay County, Arkansas.

The Facility is permitted to discharge treated wastewater into Big Slough Ditch and eventually the St. Francis River. An NPDES permit authorizes such discharge.

The United States Environmental Protection Agency (“EPA”) is stated to have on May 15, 2020, issued a Compliance Plan to Piggott as part of the Circuit Rider Assistance Program to address alleged violations of the NPDES permitted effluent discharge limitations. On July 14, DEQ was also reported to have reviewed certified Discharge Monitoring Reports that Piggott submitted in accordance with NPDES permit.

According to the review, the following alleged violations were identified:

  • Thirty-six (36) violation of Carbonaceous Biochemical Oxygen Demand
  • Fifty-five (50) violations by Total Suspended solids
  • Three (3) violations of Dissolved Oxygen
  • Fifty-two (52) violations Ammonia Nitrogen
  • Twenty-five (25) cases of Fecal Coliform Bacteria were reported.

DEQ is stated to have sent Piggott a letter on July 14th requesting that a Corrective Action Plan (“CAP”) be submitted within 30 days of receipt. The CAP must include a milestone plan, a final date of compliance and be certified as such by an Arkansas Professional Engineer. Piggott and DEQ were also reported to have met July 29th to discuss alleged violations of the permitted effluent emission limitations.

Piggott submitted a CA to DEQ on 8/9/2012 with a final compliance date set for August 31, 2022. The DEQ deemed the CAP adequate on August 30th.

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The CAO requires Piggott to comply with the terms, milestones, and final compliance dates contained in the CAP. The terms of the CAO make it fully enforceable that Piggott follows the milestone schedule and final compliance dates. Additionally, quarterly progress reports must be submitted.

A civil penalty of $5,000. $5,600 is suspended by DEQ. If Piggott follows the CAO fully, the $5,600 is subject to a civil penalty.

You can download a copy of the CAO Here.

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