Wastewater Enforcement: Mississippi Commission on Environmental Quality and City of Winona Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and the City of Winona, Mississippi, (“Winona”) entered into a May 13th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See Order No. 7046 20.

The AO provides that Winona owns and operates a wastewater collection and treatment system (“POTW”) in Montgomery County, Mississippi.

The POTW is stated to be subject to NPDES Permit No. MS0021024.

Winona is stated to have been contacted by MCEQ and notified of certain alleged violations at the POTW which include:

1. Winona exceeded the effluent Total Ammonia Nitrogen concentration limitations during the months of July through October 2019.
2. Winona exceeded the effluent Total Ammonia Nitrogen loading limitations during the months of September and October 2019.
3. Winona exceeded the effluent 5-day Biochemical Oxygen Demand (BOD5) concentration limitations during the months of July and September 2019.
4. Winona exceeded Total Recoverable Zinc concentration limitations during the month of November 2019.
5. Winona failed to report pursuant to a Noncompliance Notification provision.

Winona is stated to have submitted documentation dated December 18, 2019, reporting that the clarifier was inoperable from April 2019 to the first week of October 2019. The clarifier was stated to have been replaced and while under maintenance annual maintenance was performed to the East Oxidation Ditch which includes the replacement of bearings, gear boxes, and a rotor shaft. The combination of these events are stated to have caused the facility to violate the effluent limitations.

Winona states that the facility has returned to compliance with its NPDES Permit effluent limitations.

The AO provides that Winona will pay a civil penalty in the amount of $1,000.

A copy of the AO can be downloaded here.