The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Kensett, Arkansas, (“Kensett”) entered into a January 3rd Consent Administrative Order (“CAO”) addressing an alleged violation of the Arkansas Water and Air Pollution Control Act. See LIS No. 22-001.
The CAO provides that Kensett operates a municipal wastewater treatment facility (“Facility”) in White County, Arkansas.
The facility is said to discharge treated wastewater into Black Creek, which eventually flows into the Arkansas River. This discharge is regulated by a Clean Water Act NPDES permit.
DEQ received a notice from Kensett stating that on June 14, 2021, a levee violation had occurred at a sludge waste pond. This led to approximately 9.125 millions gallons of sludge being released into the waters of the state. The cause of the leakage was nutria.
DEQ carried out a reconnaissance inspection at the Facility on June 15, 2021. The following violation was allegedly found during the inspection:
- The levee system was breached and a discharge from the flow equalization pond and sludge disposal pool occurred. The activated plant was actively discharging into the pond. Ark. Code Ann. §§ 8-4-217(a)(l) and 8-4-217(B)(l)(E) and therefore is a violation of Ark. Code Ann.§ 8-4-217(a)(3).
Kensett’s consulting engineer is stated to have submitted a Corrective Action Plan (“CAP”) for the repair and rehab of the levee on June 16, 2021. DEQ approved the Corrective Action Plan (“CAP”) for the levee rehabilitation and repair on June 22, 2021. DEQ requested that additional information be submitted no later than July 16, 2021.
Kensett provided photos to DEQ in response on June 29, 2021. These photos showed the levee breaches repaired so far and further evidence for nutria burrowing.
The CAO requires Kensett to submit to DEQ, no later than the effective date of the document certificate from an Arkansas Professional Engineer, that all repairs have been completed and the levee is operating according to its original design. Kensett must also submit a report to DEQ within 30 days of the effective day of the CAO. This report should detail corrective actions and preventive steps that will be taken to protect the integrity the levee system. The report must contain a schedule for monthly inspections, as well as a timeline to repair any defects discovered during inspections.
Within one year from the effective date, the CAO, the Respondent shall submit a Report that includes a certification of all levee inspections that were completed in the past twelve months.
- A list of defects found during inspections
- Certification of corrective actions taken for the correction of the defects
- Certification that the problems with burrowing animals were addressed
- All defects and their repairs shall be photographed.
Quarterly reports should be prepared detailing the progress made towards levee integrity and controlling burrowing wildlife.
If Kensett complies fully with the CAO, a civil penalty of $5600 is assessed. $4,000 is suspended conditionally.
Download a copy the CAO Here.