The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Poyen, Arkansas, (“Poyen”) 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. 22-002.
The CAO provides that Poyen operates a municipal wastewater treatment facility (“Facility”) in Grant County, Arkansas.
The Facility is said to discharge treated wastewater into an unnamed tributary to Big Creek, which eventually flows into River Ouachita. This discharge is subject to a Clean Water Act NPDES permit.
DEQ was notified that they received a public complaint from the public on April 7, 2021. The complaint stated that the wastewater treatment plant’s levees did not have sufficient freeboard and often overflowed, resulting in partially or untreated wastewater leaving the Facility.
DEQ claims to have conducted reconnaissance inspections of the Facility on May 5, 2021 and April 12, 2021. These violations were allegedly found during the inspection:
- Observation of an unpermitted overflow/discharge on the eastern levee in the primary lagoon and the western levee in the oxidation pool
- Flow meter displaying an “ERROR” message and did not indicate an accurate flow measurement.
- Operation and maintenance violations that are alleged include:
- Neglected or overgrown vegetation along the oxidation and primary lagoons
- Less than two feet of freeboard is allowed on the primary lagoon and oxidation pond.
- The blower lines in the aeration basin weren’t maintained and only two of three lines were functional.
Poyen provided a response to DEQ concerning the inspection results. This included photographic documentation that the vegetation along both the primary lagoons and the oxidation pond had already been removed.
The DEQ is said to have reviewed the Discharge Monitoring Reports submitted Poyen, which are believed to have indicated the following violations:
- Twelve (12) violations Ammonia Nitrogen
- Five (5) violations to Total Suspended Solids
- Two (2) violations of Fecal Coliform Bacteria
- One (1) violation of pH
DEQ is stated to have sent Poyen a letter requesting a Corrective Action Plan (“CAP”) on June 28, 2021, to address the alleged effluent discharge limitation violations and the violations cited during the previously referenced inspections.
Poyen submitted a CA to DEQ on July 27, 2021 with a final compliance date set for September 30, 2023. DEQ approved the CAP on August 6th, 2021.
The CAO demands that Poyen adhere to the terms, milestones, and final compliance dates set forth in the approved CAP. The CAO makes the milestone schedule and final compliance dates fully enforceable. Poyen is also required to submit an interim operational plan, which details in detail:
. . . Operational measures to be taken to stop unpermitted discharges that were observed at the wastewater treatment plants during inspections on May 5th, 2021 and April 12, 2021.
Quarterly reports should be submitted detailing progress towards compliance.
A civil penalty of $3600 is assessed, of which $2600 is suspended conditionally if Poyen complies with the terms of CAO.
Download a copy the CAO Here.