The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Acme Brick Company (“Acme”) entered into a March 21st Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 22-036.
The CAO provides that Acme operates a minor industrial wastewater treatment facility (“Facility”) in Malvern, Arkansas.
The Facility is said to discharge treated wastewater into an unnamed tributary that eventually flows into the Arkansas River. An NPDES Permit regulates such discharge.
According to Acme’s NPDES Permit, DEQ has said that it reviewed the Bypass Reports submitted in accordance with the Permit. According to reports, the Facility was bypassed three times between August 1, 2015 and the 31st of July 2018.
Acme claims that it has not provided information on the steps taken by Acme to reduce, eliminate or prevent the reoccurrence of bypasses. These bypasses are deemed to be a violation of NPDES Permit.
DEQ is stated to have requested that Acme submit a Corrective Action Plan (“CAP”) to address and prevent future bypasses. The CAP requested by DEQ was to include a milestone calendar, final date for compliance, and be certified as such by an Arkansas Professional Engineer. Acme provided a CAP in November 2018, 2018.
Acme claims to have notified DEQ, on December 10, 2018, about the fact that a bypass was in progress on December 9, 2018. However, the response states that Acme did not provide any information regarding the recurrence.
Acme provided a revised CAP to DEQ on March 8, 2019. Acme requested additional information from DEQ on March 8, 2019. Acme also provided Acme with a plan for temporary treatment, bypass method, and other information while the CAP milestones are being completed.
Acme was informed by DEQ that Acme would receive the CAP with the following stipulations.
- The use orally of lime that has been reclaimed is not allowed.
- New hydrated lime would work well.
- Any new construction, modification or addition to existing structures must be submitted at least 180 days prior to project start.
- A permit is not required for maintenance or refurbishment of existing structures.
- For final approval, a revised milestone schedule and final compliance dates should be submitted by August 31, 2019.
- Each quarter, progress reports must be submitted until final compliance has been achieved.
- A final compliance report must be submitted by an Arkansas Professional Engineer not later than the last compliance date as specified in condition 5. The report, which must at least certify that all milestones were completed, and that the facility, with normal operations and maintenance, is still in compliance with permit requirements, shall be submitted no later than the final compliance date set forth in condition 5.
Due to material delays, scheduling problems and underestimated costs due to the COVID pandemic.
DEQ approved a milestone schedule compliance date for January 31, 2025.
DEQ conducted a review of certified Discharge Monitoring Reports (“DMRs”) submitted by Acme on November 30, 2021. Acme failed to analyze the following monitoring period ends, according to the review.
- June 30, 2018
- May 31, 2020
Acme is required comply with the terms and milestone schedule of the approved CAP and milestone plan submitted to DEQ July 30, 2021. These schedules and the final compliance date are fully enforceable under the terms of CAO.
To monitor progress, quarterly reports must be submitted until the CAO is closed.
Paragraph 3 in the Order and Agreement section (CAO) provides an approved temporary bypass procedure during the implementation of the CAP. It requires documentation of the volume of bypasses and the duration of each bypass. Additionally, sampling analysis must be conducted to determine the volume and nature combined effluent discharged from outfall 003C according to a chart.
A civil penalty of $7,000 is imposed. This amount could be reduced to $3,000.
Download a copy the CAO Here.
