The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Hot Springs entered into a January 24th Consent Administrative Order (“CAO”) addressing alleged violations of the Clean Water Act. See LIS No. 22-007.
The CAO provides that Hot Springs operates a major municipal wastewater treatment facility (“Regional Plant”) in Garland County, Arkansas.
Hot Springs is reported to release treated wastewater from the Regional Plant to Lake Catherine. Lake Catherine is an impoundment for the Ouachita River. Hot Springs is regulated by an NPDES permit.
Hot Springs operates a collection system (“System”) that routes wastewater to its Regional Plant for treatment.
According to the CAO, Hot Springs will discharge untreated wastewater to Gulpha Creek and Spencer Bay of Lake Catherine when the manholes in the System are overflowing.
DEQ is stated to have received complaints of recurring Sanitary Sewer Overflows (“SSOs”) from the System along Gulpha Creek from January 1, 2018, through July 31, 2021.
According to DEQ, they have reviewed the Hot Springs SSOs for the period previously mentioned. Hot Springs claims to have reported 140 SSOs, which totaled approximately 4,000,000 gallons. It is allowed to discharge treated municipal wastewater from their facility.
According to DEQ, they sent a request to Hot Springs on July 2, 2021.
- Perform a Water Quality Assessment, (WQA), in Gulpha Creek, upstream and downstream from manhole #1255, and at the spot where the overflow of manhole #1255 enters Gulpha Creek. The WQA should be done after each overflow from the manhole #1750. It should also be completed within twelve (12) hours of the overflow ending. DEQ should receive the results.
- Submit an interim operational plan that includes measures to stop overflows at manhole #1750. The plan must be submitted to DEQ no later than July 15, 2021.
- Submit a revised timeline to repair and remediate the collection system line connected to manhole #1750. This will make the repairs of this line priority.
- Contact DEQ to arrange a meeting to discuss your timeline submissions of June 7, 2021.
Pursuant to a meeting with DEQ, Hot Springs submitted an extension request to submit a Water Quality Assessment (“WQA”) plan, Interim Operating Plan, and revised timeline by August 16, 2021. The request was granted.
DEQ wrote Hot Springs on July 20, 2020, asking:
- Respondent must immediately sample any unpermitted discharge from Gulpha Creek before it confluences with the receiving stream for Fecal Coliform Bacteria or E. coli. The Respondent shall submit the results along with supporting information to DEQ within three days of the event sampling.
- The respondent must submit a Communication Plan by July 23rd 2021 that identifies a method for notifying the public about water quality issues in Gulpha Creek or Spencer Bay of Lake Catherine and a schedule to keep the public informed about any improvements or degradations in water quality in these water bodies.
- Respondent shall submit an Interim Plan by July 23, 2021 that describes the operational best management practices Respondent will immediately adopt to reduce the impact of the ongoing SSOs.
Hot Springs submitted their Communication Plan and Bacteria Sampling Plan July 23, 2021. Hot Springs responded to DEQ’s suggestions.
The CAO requires Hot Springs to submit WQAs to DEQ within three calendar days after the assessment is completed. However, Hot Springs must submit WQAs no later than 10 days following each overflow event. The WQAs must include:
- Analyse pH
- Dissolve Oxygen
- Conductivity
- Temperature
- Turbidity
- Total Dissolved Solids
- Total Suspended Solids
- Alkalinity
- E. coli
- Chloride
- Sulfate
- Carbonaceous Biochemical Oxygen Demand-5 day,
- Ammonia as Nitrogen
- Nitrate+Nitrite is Nitrogen
- Kjeldahl Nitrogen as Nitrogen
- Orthophosphorus as phosphorus
- Total Phosphorus is phosphorus.
- Chlorophyll is a
Hot Springs must immediately implement updated standard operating procedures as per its August 16, 20,21 response. Hot Springs is also required immediately to implement the Communication Plan, dated July 23, 2021.
Hot Springs must, upon approval by DEQ, comply with the terms and timeline contained in the revised timeline. Hot Springs is also required to submit monthly progress updates that include certain information.
Hot Springs must fully comply with the CAO or a civil penalty of $64,000 will be assessed. $51,200 is suspended.
Download a copy the CAO Here.
