The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Hadden’s Place Utility Operating Company, LLC (“Hadden’s”) entered into a January 24th Consent Administrative Order (“CAO”) to address alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 22-009.
The CAO provides that Hadden’s operates a wastewater treatment plant (“Facility”) in Faulkner County, Arkansas.
The Facility is described as a “nonmunicipal domestic sewage treatment works” as defined by Ark. Code Ann. § 8-4-203(b)(1)(B).
The Facility is said to discharge treated wastewater into an unnamed tributary to Bentley Creek, which eventually flows to Arkansas River. This discharge is subject to a permit from the NPDES.
The Facility is stated to have been unable to submit a certification of compliance for the final effluent discharge limitations for Total Residual Chlorine (“TRC”) as required by the NPDES permit. Further, DEQ is stated to have conducted a review of certified Discharge Monitoring Reports (“DMRs”) and identified the following violations:
- Ten (10) violations for Total Suspended Solids
- Ten (10) violations by Ammonia Nitrogen
- Three (3) violations of Dissolved Oxygen
- Two (2) violations for Fecal Coliform Bacteria
- Two (2) violations of Carbonaceous Biochemical Oxygen Demand.
DEQ is stated to have sent Hadden’s a letter requesting a Corrective Action Plan (“CAP”) to address the alleged violations of the permitted effluent limitations. DEQ received a CAP on August 9, 2018. The final compliance date was November 30, 2019. The CAP was then approved by DEQ.
Hadden’s submitted an update to the CAP on December 21, 2018, stating the Facility was in compliance with the effluent limitations of the permit. However, Hadden’s stated it was going to continue to monitor the Facility to determine if additional corrective actions were necessary.
DEQ requested an update on the status and compliance of the Facility on February 8, 2019. Hadden’s submitted an update to the CAP which stated that it would be submitting an application for a construction permit for additional repairs/upgrades at the Facility.
DEQ requested that the CAP be updated. DEQ received such a CAP on January 22, 2021. The final compliance date was August 15, 2022. The updated CAP was approved by DEQ.
DEQ undertook on January 25, 2021, a follow-up review of DMRs submitted by Hadden’s. This review was said to have revealed the following violations to effluent limitations
- Fifty-nine (59), Ammonia Nitrogen violations;
- Fourty-two (42) violations by Total Suspended Materials
- Ten (10) violations of Carbonaceous Biochemical Oxygen Demand
- Five (5) violations to Total Residual Chlorine
- Five (5) violations by Fecal Coliform Bacteria
- Two (2) violations for Dissolved Oxygen
Hadden’s submitted a request to DEQ on February 5, 2021, asking for an increase in the design treatment capacity of the Facility. Such request was stated to be part of the Facility’s corrective actions necessary to provide adequate treatment. Hadden’s is stated to believe that the Facility has experienced increased inflow volume that may be from sump pumps and drain connections from houses served by the Facility.
The CAO provides that Hadden’s proposed corrective actions include an increase that would require it to make an initial trust fund contribution. Hadden’s submitted an estimate of the cost to increase the design treatment capacity of the Facility on March 4, 2021. DEQ later requested additional information about the cost estimate to increase the Facility’s treatment capacity. This information was provided by Hadden’s on April 6, 2021.
DEQ approved a reduced initial trust fund contribution based on Hadden’s updated estimate of the cost for specific items that would result in an increase in the design treatment capacity of the Facility.
Hadden’s subsequently notified DEQ that due to delays in obtaining a state construction permit that the milestone schedule listed in the approved updated CAP may be altered.
DEQ is stated to approve Hadden’s request to increase the design treatment capacity of the Facility as part of its corrective actions. Further, Hadden’s is required to achieve compliance with the effluent limitations in the NPDES permit no later than December 31. DEQ must receive quarterly progress reports that detail the progress made towards compliance with the NPDES permits.
A civil penalty of $7.200 is assessed. This could have been reduced down to $3,600 if DEQ received the CAO within 20 calendar days.
Download a copy the CAO Here.