October 27, 2021
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Sardis Water Association/Public Water Authority (“SWA”) entered into a September 22nd Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 21-095.
SWA is stated to operate a water treatment plant with a filter backwash (“Facility”) in Sheridan, Arkansas.
The Facility is stated to discharge treated wastewater to a tributary of Hurricane Creek which eventually flows into the Ouachita River. The discharge is authorized pursuant to an NPDES permit. The NPDES permit held by the Facility is described as a NPDES Water Treatment Plant General Permit ARG640000 for Water Treatment Plants.
DEQ and SWA are stated to have held a meeting on March 23rd.
SWA is indicated to have stated that the construction of a new treatment plant with filter backwash ponds for the Facility had been completed without obtaining coverage under the NPDES Water Treatment Plant General Permit for Water Treatment Plants. This is described by the CAO as constructing a wastewater treatment facility without first obtaining a permit from DEQ.
DEQ subsequently issued coverage under the previously referenced general permit on April 7th for the SWA Facility.
The CAO assesses a civil penalty of $1,400 which could have been reduced to $700 if the document was signed and returned to DEQ within 20 calendar days of its receipt.
A copy of the CAO can be downloaded here.
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