The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Faulkner County Public Facility Board (“Board”) – d/b/a Preston Community Wastewater Utility entered into a February 17th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 22-015.
The Board is stated to operate a municipal wastewater treatment facility (“Facility”) located in Faulkner County, Arkansas.
The facility discharges treated wastewater into Lake Conway, which eventually flows into Arkansas River. This discharge is regulated by an NPDES permit.
Part 1, Section B of the NPDES permit is stated to have required the Board to achieve compliance with the final effluent limitations for Total Phosphorus (“TP”) within three years of the effective date of the document. DEQ received two annual progress reports regarding compliance with the final effluent limits for TP.
DEQ is stated to have notified the Board on May 11, 2020, that the following Discharge Monitoring Reports (“DMRs”) were missing the Total Residual Chlorine values:
September 2017,
b. December 2017
c. March 2018
Posted June 2018, and
September 2018.
DEQ requested that DMRs are corrected by May 25, 2020.
According to the CAO, the Board did not submit a final progress report certifying that the final effluent limits for TP had been met within the previously mentioned timeframe. This is alleged violation of the NPDES permit.
According to the progress report, the Board submitted to DEQ a October 29, 2020 progress report detailing progress towards achieving compliance with the final effluent limits for TP. The progress report indicated that the Board wasn’t yet in final compliance. This is alleged violate the NPDES permit.
On November 10, 2020, DEQ informed the Board that the following DMRs were missing parameters values.
September 30, 2017 (Total Remaining Chlorine);
b. December 31, 2017, (Total Residual Cholorine);
c. March 31, 2018, (Total Residual Cholorine);
d. June 30, 2018 (Total Residual Chlorine);
e. September 30, 2018. (Total Residual chlorine); and
f. February 29, 2019, (Carbonaceous Biochemical Oxygen Demand).
DEQ is said to have reviewed certified DMRs March 10, 2021. These DMRs are believed to have shown the following violations:
a. Fifteen (15). Violations of total Phosphorus
b. Six (6) violations by Total Suspended Solids
c. 4 violations of Ammonia Nitrogen
d. Four (4) Oil & Grease violations
e. Three (3) violations Dissolved Oxygen
f. Three (3) violations for Fecal Coliform Bacteria
In response to a March 11, 2021, DEQ request, the Board submitted a Corrective Action Plan (“CAP”) to address the alleged effluent violations. The CAP was later deemed adequate by DEQ.
The CAO requires that the Board submit to DEQ, prior to its effective date, an updated milestone schedule indicating a date of final compliance. Monthly progress reports are also required.
A civil penalty of $5,000 is imposed. $4,500 is suspended conditionally and dismissed if the Board complies with the CAO.
You can download a copy of the CAO Here.
