Wastewater Enforcement: Missouri Department of Natural Resources and Franklin County Wastewater Treatment Operator Enter into Abatement Order on Consent

The Missouri Department of Natural Resources (“MDNR”) and Melody Lake Water and Sewer LLC (“Melody”) entered into an October 25th Abatement Order on Consent (“AO”) addressing alleged violations of a Missouri State Operating Permit (“Permit”). See Order No. 2019-WPCB-1585.

The AO states that Melody owns and operates a wastewater treatment facility (“Facility”) in Franklin County, Missouri.

The Facility is described as having a design:

• Population equivalent of 600
• Flow of 60,000 gallons per day
• Actual flow of 16,000 gallons per day

The Facility is stated to consist of a single cell lagoon. Treated effluent is stated to discharge through Outfall No. 001 to a tributary to Bourbeuse River. This discharge is stated to be subject to the conditions and requirements of a Missouri State Operating Permit (“Permit”).

The AO states that the Permit requires:

• Completion of improvements and/or upgrades to the Facility that will enable the effluent to achieve compliance with final permitted effluent limitations for Ammonia as Nitrogen on or before October 1, 2015
• Collection of representative samples of the effluent discharged from Outfall No. 001
• Analysis the sample for the contaminants listed in Part “A” every month
• Effluent to comply with limitations contained in Part “A” of the Permit
• Submission of results of the analysis to MDNR on monthly Discharge Monitoring Reports by the 28th day of the month following the reporting period

MDNR is stated to have reviewed Discharged Monitoring Reports submitted by Melody and determined that effluent discharged from the Outfall failed to comply with effluent limitations contained in the Permit.

During a compliance inspection MDNR staff is stated to have observed that the lagoon berms had not been maintained at the proper 3:1 slope. Further, the ultraviolet system was stated to be inoperable.

The AO alleges violations of the effluent limitations and causing pollution to waters of the state.

A civil penalty of $4,800 is assessed. Further, Melody is required to undertake reasonable good faith efforts to operate the Facility in compliance with the Permit until the new or upgraded Facility is completed. Additional requirements include:

• Retention of a Professional Engineer to evaluate processes and activities conducted on site
• The submission of a Facility Plan which includes a comprehensive construction improvements schedule
• Implementation of the construction improvements
• Submission within 60 days of completing construction of the upgrades a Statement of Work Completed Form
• Achieve compliance with the effluent limitations contained in the permit within 90 days of completion of the improvements

A copy of the AO can be downloaded here.