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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and WVE Property Owners Association, Inc. (“WVE”) entered into a November 22nd Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 21-124.

The CAO provides that WVE operates a sanitary wastewater treatment plant for Waterview Estates Subdivision (“Facility”) in Pulaski County, Arkansas.

The Facility is supposed to discharge treated wastewater to Mill Bayou, which eventually flows into Arkansas River. This discharge is regulated by an NPDES permit.

Part III, Section 10 of the NPDES Permit requires WVE to submit a complete renewal application at least 180 day before the expiration dates of the NPDES Permit. This is required if the activity regulated in the NPDES Permit is to continue after expiration. WVE has stated that they intend to continue to operate the Facility beyond expiration of the current NPDES permits.

According to DEQ, WVE submitted a permit renewal request on September 2nd and 8. WVE was informed that the application was incomplete.

The incomplete application was said to have been missing the following:

  1. The NAICS code wasn’t listed in DEQ Form 1 Section A.13.
  2. The topographic map did not show the discharge location as required by DEQ Form 1, Section B. 1.
  3. The DEQ form 1 Section B.2 required a process flow diagram for the wastewater treatment plant. This diagram was not required.
  4. The EPA Form 2E does not include test results for Oil & Grease or winter effluent temp.

Failure to submit the renewal application in its entirety is considered a violation of Part III Section D, Condition 10 NPDES permit.

See Also

WVE must submit an application for a permit renewal that is administratively complete to the CAO before the effective date. Compliance with the existing NPDES permits is required until the effective date for renewal or termination.

A civil penalty of $1,000 is imposed. However, it could have been reduced down to $500 if the document had been signed and returned to DEQ within 20 days of receipt.

You can download a copy of the CAO Here.

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