The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Tri-City Utilities, Inc. (“Tri-City”) entered into a March 10th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit. See LIS No. 22-025.
The CAO provides that Tri-City operates a municipal wastewater treatment facility (“Facility”) in Randolph County, Arkansas.
The Facility is alleged to discharge treated wastewater to an unknown tributary from Beaver Dam Ditch that eventually flows into the White River. An NPDES permit regulates such discharge.
DEQ is stated to have sent Tri-City a letter on December 11, 2017, requesting a Corrective Action Plan (“CAP”) to address 39 violations of the NPDES permit effluent limitations from February 1, 2015, through October 31, 2017. According to reports, the parameters of violations include:
- Ammonia Nitrogen
- Carbonaceous Biochemical Oxygen Demand
- Dissolve Oxygen
- Total Suspended Solids
The CAP must have a milestone plan, final date for compliance, and be certified as such by an Arkansas Professional Engineer.
Tri-City submitted an CAP on January 11th, 2018, with a final compliance deadline of July 31st 2018. Such CAP is stated to have indicated that lift station pumps in the Town of O’Kean, Town of Delaplaine, and the City of Peach Orchard would be replaced in November 2018.
Tri-City provided progress reports covering actions taken to comply from 2018 to 2021. The CAO states that Tri-City reported violations beyond the final compliance date. According to progress reports, the Facility has reported that three cities are experiencing leakage in their collection systems.
DEQ conducted a review of certified Discharge Monitoring Reports (“DMRs”) submitted by Tri-City. This review was said to have revealed the following violations:
- Thirty-two (32) violations Ammonia Nitrogen
- Eight (8) violations for Dissolved Oxygen
- Four (4) violations to Total Suspended Solids
- Two (2) violations of Fecal Coliform Bacteria
- One (1) violation Carbonaceous Biochemical Oxygen Demand
Tri-City received a letter from DEQ requesting a revised CAP in order to address the alleged violations. The revised CAP had to include a milestone calendar, final date of compliance and be certified and signed by an Arkansas Professional Engineer. It was due November 29, 2021.
DEQ is stated to have conducted a review of sanitary sewer overflows (“SSOs”) reported by Tri-City for the period of December 1, 2018, through November 15, 2021. The review indicated that Tri-City had reported 26 SSOs.
Tri-City submitted an amended CAP with a October 2022 final compliance date. The revised CAP was deemed sufficient and quarterly progress reports detailing corrective measures were requested. Tri-City submitted the revised CAP on March 8, 2022. The final compliance date is December 31, 2024.
The CAO demands that Tri-City adhere to the terms, milestone schedule and final compliance date set forth in the approved revised CAP. The CAO makes the final compliance date and milestone schedule fully enforceable. Additionally, quarterly progress reports must be submitted. The CAO also requires within 270 days of the effective date of the CAO that Tri-city develop and submit to DEQ for review and approval a Sewer System Evaluation Study (“Study”) for its sanitary sewer collection system. Arkansas Professional Engineers must approve this Study.
The CAO addresses the required elements of the Study. The Study must include an SSO Plan with a milestone calendar that details the steps Tri-City needs to take to implement the corrective measures fully and quickly. The CAO incorporates the required actions and becomes fully enforceable.
Tri-City will be assessed a civil penalty of $8,600. The suspension is conditional if Tri-City complies to the CAO.
Download a copy the CAO Here.