The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and SamSand, LLC , (“SamSand”) entered into a March 8th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 22-021.
The CAO provides that SamSand operates a sand mining facility (“Facility”) located in Miller County, Arkansas.
The Facility is authorized to discharge treated wastewater into the Red River in Segment 1B, Red River Basin. This discharge is regulated by an NPDES permit.
Part III, Section 10 of the NPDES permit mandates SamSand submit a complete permit renewal request at least 180 days before its expiration if the activity to which it is regulated is to continue beyond the expiration date. SamSand has indicated that it plans to continue operating the Facility after the expiration date of its current permit, January 31, 2022.
According to DEQ, SamSand was informed by them that the permit would end on January 31, 2022. They also advised that they must submit a complete renewal application no later than August 4, 2020 in order to continue the regulated work. SamSand submitted a renewal application for its expired NPDES permit on August 12, 2021. Additional information was provided to DEQ on October 13, 20,21.
DEQ notified SamSand on October 18, 2021 that the permit renewal application had been approved administratively.
The CAO states that the NPDES permit has been violated because the renewal application for the permit was not received by August 4, 2021.
SamSand must therefore comply with the NPDES permit as it stands until the expiration of the permit or the expiration of the permit.
A civil penalty of $1,000 is imposed. This could have been reduced to one-half if the document was signed within 20 calendar days of receipt by DEQ.
Download a copy the CAO Here.