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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 the United States Army Corps of Engineers (“Corps”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 22-003.

The CAO provides that the Corps operates a domestic wastewater treatment facility (“Facility”) located on Iron Mountain Recreation Area Road, Clark County, Arkansas.

The Facility is alleged to discharge treated wastewater into DeGray Lake. This eventually flows to DeGrey River. An NPDES permit regulates such discharge.

According to DEQ, the Facility was subject to a compliance inspection on October 27, 2020. These violations were found during the inspection:

  1. Respondent was using improper chlorine tablets. This is a violation to Ark. Code Ann.§ 8-4-217(a)(3).
  2. Respondent incorrectly reported the concentrations of Total Suspended solids on a Discharge Monitoring Report. This is a violation to Ark. Code Ann.§ 8-4-217(a)(3).

DEQ is stated to have conducted a review of certified Discharge Monitoring Reports (“DMRs”) submitted by the Facility in accordance with the NPDES permit. According to the review, the following violations were found in relation to the permissible effluent discharge limits.

  • Eight (8) violations Ammonia Nitrogen
  • Eight (8) violations of Total Suspended Solids
  • Seven (7) violations of Fecal Coliform Bacteria
  • Seven (7) Total Phosphorus violations
  • One (1) violation of Total Remaining Chlorine

DEQ requested a Corrective Action Plan (“CAP”) on June 23, 2021, to address the effluent violations. The CAP was required to include a milestone schedule and a final compliance date – along with a certification by an Arkansas Professional Engineer.

According to the Corps, it submitted a CAP describing short-term corrective actions necessary to comply with a December 17, 2020 compliance date.

According to DEQ, the CAP was deemed adequate. The agency also informed the Corps that the proposed actions couldn’t begin until the State Construction Permit was issued. The Corps submitted progress reports to ensure final compliance in response to a DEQ request.

DEQ conducted a follow-up inspection of DMRs certified on October 27, 2020. According to DEQ, this review revealed the following violations

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  1. Three (3) violations of Total Phosphorus
  2. Two (2) violations of Total Suspended Solids
  3. Two (2) violations for Ammonia Nitrogen

The Corps submitted a revised CA with an October 1st compliance date.

The CAO demands that the Corps comply to the terms, milestones schedule, and final compliance dates of October 1st in the revised CAP. The CAO makes such a schedule and final compliance date enforceable. It is necessary to submit progress reports.

A civil penalty of $4800 will be assessed. If the Corps follows the CAO’s terms, the suspension will be lifted.

Download a copy the CAO Here.

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