Wastewater Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality and Malvern Industrial Facility Enter into Consent Administrative Order | JD Supra

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The Arkansas Division of Power & Surroundings – Division of Environmental High quality (“DEQ”) and Acme Brick Firm (“Acme”) entered right into a March twenty first Consent Administrative Order (“CAO”) addressing alleged violations of a Clear Water Act Nationwide Air pollution Discharge Elimination System (“NPDES”) allow. See LIS No. 22-036.

The CAO offers that Acme operates a minor industrial wastewater remedy facility (“Facility”) in Malvern, Arkansas.

The Facility is acknowledged to discharge handled wastewater to an unnamed tributary which finally flows to the Arkansas River. Such discharge is regulated pursuant to an NPDES Allow.

DEQ is acknowledged to have carried out a assessment on August 10, 2018, of the Bypass Studies submitted by Acme in accordance with the NPDES Allow. The experiences are acknowledged to have indicated three bypasses of the Facility through the interval August 1, 2015, by July 31, 2018.

Acme is acknowledged to haven’t supplied details about the steps taken to scale back, get rid of, or forestall reoccurrence of the bypasses. Such bypasses are acknowledged to have constituted a violation of the NPDES Allow.

DEQ is acknowledged to have requested that Acme submit a Corrective Motion Plan (“CAP”) to handle and stop future bypasses. The requested CAP was to incorporate a milestone schedule, closing date of compliance, and be licensed by an Arkansas Skilled Engineer. Acme supplied a CAP on November 30, 2018.

Acme is acknowledged to have notified DEQ on December 10, 2018, {that a} bypass started on December 9, 2018. Nonetheless, the response is acknowledged to haven’t supplied data concerning addressing recurrence of the bypass.

A revised CAP was supplied to DEQ by Acme on March 8, 2019. Sure further data was requested by DEQ which was supplied by Acme, together with a plan for momentary remedy and bypass technique whereas he CAP milestones have been being accomplished.

DEQ subsequently knowledgeable Acme that the CAP can be full with the next stipulations:

1. The usage of spent lime shouldn’t be authorized presently.
2. New hydrated lime can be an appropriate technique.
3. Any new building or modification would require submission of the relevant allow software not less than 180 days upfront of challenge graduation.
4. Upkeep and refurbishment of current constructions would usually not require a brand new allow.
5. A revised milestone schedule and closing compliance date ought to be submitted for closing approval by August 31, 2019.
6. Progress experiences ought to be submitted every calendar quarter till closing compliance is achieved.
7. A closing compliance report stamped by a Skilled Engineer licensed within the state of Arkansas shall be submitted no later than the ultimate compliance date within the milestone schedule referenced in situation 5. The report, at minimal shall certify all milestones have been accomplished and the ability, with regular operation and upkeep, ought to stay in compliance with the Allow.

The milestone schedule was subsequently revised attributable to materials delays, scheduling difficulties and underestimated challenge prices associated to the COVID pandemic.

A milestone schedule compliance date of January 31, 2025, was subsequently authorized by DEQ.

DEQ carried out a assessment of licensed Discharge Monitoring Studies (“DMRs”) submitted by Acme on November 30, 2021. The assessment is acknowledged to have indicated Acme did not conduct evaluation for the next monitoring interval finish dates:

• June 30, 2018
• Might 31, 2020

Acme is required to adjust to the phrases, milestone schedule, and closing compliance date within the authorized CAP and milestone schedule submitted to DEQ on July 30, 2021. Such schedule and closing compliance date are absolutely enforceable as phrases of the CAO.

Additional, quarterly experiences are required to handle progress till the CAO is closed.

Paragraph 3 of the Order and Settlement part of the CAO offers an authorized momentary bypass course of through the interval the CAP is being applied. It requires the documentation of the quantity and length of all bypasses and a requirement to conduct sampling evaluation of the quantity and nature of the mixed effluent discharge from outfall 003-C in accordance with a described chart.

A civil penalty of $7,000 is assessed which could possibly be decreased to $3,500 if the CAO is returned to DEQ inside 20 calendar days of its receipt.

A duplicate of the CAO could be downloaded right here.