The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Albermarle Corporation-South Plant (“Albermarle”) 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. 22-022.
The CAO provides that Albermarle operates a chemical manufacturing facility (“Facility”) in Columbia County, Arkansas.
The facility is said to discharge treated wastewater into an unnamed tributary to Horsehead Creek, which eventually flows to Red River. The NPDES permits regulate the discharge.
Part I, Section A of the NPDES permit requires Albermarle certification that the Facility is in compliance the Final Effluent Limitations For Total Recoverable Le. P. promelasLethality and sub-Lethality C. dubiaWithin three years from the effective date for the NPDES permits, lethality.
DEQ is stated to have received Albermarle’s Final Compliance Schedule Report on April 29, 2021, in which it certified compliance with the final effluent limitations for Total Recoverable Lead, P. promelasLethality and sub-Lethality C. dubia Lethality.
The report is stated to have indicated a Toxicity Reduction Evaluation (“TRE”) Action Plan would be submitted to DEQ by May 1, 2021, to address the increasing sub-lethality in C. dubia.
Albermarle is believed to have submitted TRE Action Plan with a final compliance due date of May 4, 20,23.
DEQ is stated to have conducted a review of certified Discharge Monitoring Reports (“DMRs”) submitted by Albermarle for the reporting period of August 1, 2018, through September 30, 2021. The following is what the review revealed:
- Respondents reported violations of Whole Effluent Toxicity. C. dubia Sub-Lethality six (6) times The violations were reported on the TX4-Q DMRs for monitoring period end dates June 30, 2020; September 30, 2020; December 31, 2020; March 31, 2021; June 30, 2021; and September 30, 2021.
- Respondent reported violating WET P. promelasSub-Lethality is allowed one (1) times during this period. The violation was reported to the TX4Q DMRs during the monitoring period ending June 30, 2021.
- Respondent reported two (2) violations by Fecal Coliform Bacteria for the permissible effluent discharge limit limits detailed in Part I Section A of Permit, August 1, 2018, through September 30, 20,21.
The CAO states that Albermarle failed to achieve final compliance P. promelasSub-Lethality within 3 years of the effective date.
The CAO states that Albermarle will adhere to the terms, milestones, and final compliance dates contained in the TRE Action Plan. The CAO fully enforces the milestone schedule and final compliance dates. Albermarle is also required to submit quarterly progress reporting.
A civil penalty of $6500 is imposed. However, it could have been reduced by $3,200 if the CAO had been signed and returned to DEQ within 20 days of receipt.
You can download a copy of the CAO Here.
