The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Shannon Hills, Arkansas (“Shannon Hills”) entered into a March 1st Consent Administrative Order (“CAO”) addressing alleged violations of the Clean Water Act. See LIS No. 22-018.
The CAO provides that Shannon Hills operates a municipal wastewater treatment facility (“Facility”) in Saline County, Arkansas.
The Facility is said to discharge wastewater through a 10-inch force main to Otter Creek, which eventually flows to Arkansas River. Such discharge is regulated pursuant to a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit.
DEQ sent Shannon Hills a letter requesting a Corrective Action Plan (“CAP”) on January 9, 2020, to address effluent violations. The CAP had to include a milestone schedule, a final deadline for compliance, and be certified as such by an Arkansas Professional Engineer.
The DEQ received the CAP in February 2020. The final compliance date for the CAP is November 25, 2020. DEQ approved the CAP conditionally and requested a new milestone calendar.
DEQ has been reported to have conducted an inspection at a lift station in response to a sanitary sewer backup on August 18, 2021. These violations were allegedly discovered during the inspection
- There was a buildup solids at the top.
- The lift station high-level alarm light was removed.
- Lift station signs of overflow.
DEQ sent Shannon Hills an email informing it that DEQ observed evidence of Sanitary Sewer Overflows (“SSOs”) at a lift station and requested a CAP. Shannon Hills was further instructed to immediately report SSOs at DEQ. According to Shannon Hills, Shannon Hills reported to DEQ that the SSO was reported and that it was working in the area to replace the grinder pumps.
DEQ conducted a review of certified Discharge Monitoring Reports (“DMRs”) on October 13, 2021. The following violations were allegedly found:
a. Twenty-seven (27) Ammonia Nitrogen violations;
b. Seven (7) violations for Total Suspended Solids violation;
c. 2 (2) violations of for Fecal Coliform Bacteria.
The review is also stated to have indicated that Shannon Hills did not submit certain noncompliance reports (“NCRs”) for the alleged violations. Further, the Facility is reported to have reported a design volume greater than the permissible flow of 0.641million gallons per daily during the following monitoring periods.
a. 2018: August, September and October, November, November, December
b. 2019: January to March, April, May to June, July to October, November and December
c. 2020: January to February, March, April and May. June to September. November to December.
2021: January to July
DEQ reviewed Shannon Hills’ SSOs from August 1, 2018, to October 13, 20,21. According to the review, Shannon Hills had reported six SSOs that totaled approximately 3,135 Gallons.
Shannon Hills and DEQ met November 10, 2021, for a discussion:
- SSOs
- Violations of the Effluent
- Improvements to this facility
- Renewal permit application due DEQ by February 1, 2022
Shannon Hills provided an update regarding the deliverables that were discussed in the meeting. The update did not include the requested milestone schedule and CAP.
The CAO requires Shannon Hills that within 30 days of its effective day, DEQ review and approve a comprehensive CAP that was prepared by an Arkansas Professional Engineer. It must include the best available technologies and methods to correct the violations in the Findings of Fact. The milestone schedule must include a date for final compliance by December 31, 2023. The components are then incorporated into the CAO once they have been approved by DEQ. Quarterly progress reports will be required.
The CAO also demands that Shannon Hills submit to DEQ NCRs as referenced in Findings of Fact Paragraph 19 along with an NCR for any monitoring period during the violation of the permitted effluent emission limitations.
Within 12 months of its effective date Shannon Hills is required to develop and submit to DEQ for review and approval a Sewer System Evaluation Study (“SSES”) for its sanitary sewer collection system. Arkansas Professional Engineers must certify the SSES and include the elements described in Paragraph 4 (Order and Agreement) of the CAO.
The SSES must contain an SSO plan and milestone schedule detailing the steps Shannon Hills will take to implement corrective actions quickly and fully. After approval, the SSO Plan and the milestone schedule are included in the CAO and are therefore enforceable.
A civil penalty of $5200 is assessed. This amount could have been reduced down to $2,600 if signed document was returned to DEQ within 20 days of receipt.
Download a copy the CAO here.