EPA v. MISSISSIPPI BAND OF CHOCTAW INDIANS

Case summary

10/15/04 - ADMINISTRATIVE CONSENT ORDER ISSUED. THE PARTIES ENTER INTO THIS ORDER BECAUSE OF NPDES PERMIT EFFLUENT LIMIT VIOLATIONS WHICH HAVE BEEN OCCURRING AT THE CONEHATTA BOARDING SCHOOL WWTF, TUCKER DAY SCHOOL WWTF, KEMPER COUNTY LAGOON, GOAT RANCH ROAD LAGOON, KATIE MAE JOHNSON LAGOON, CONEHATTA PROJECT HOMES LAGOOH, TUCKER COMMUNITY LAGOON, CRYSTAL RIDGE COMMUNITY LAGOON, BOGUE CHITTO COMMUNITY LAGOON, STANDING PINE LAGOON, AND CONEHATTA SCHOOL WWTF. ORDER REQUIRES: THE CHOCTAWS SHALL OPERATE EACH FACILITY AND MONITOR THE EFFLUENT FROM EACH FACILITY IN COMPLIANCE WITH THE INTERIM REQUIREMENTS LISTED IN ATTACHMENT II, IN LIEU OF THE EFFLUENT LIMITATIONS INLCUDED IN PART I.A. OF THE NPDES PERMITS. THE CHOCTAWS ARE REQUIRED TO COMPLY WITH THE REMAINING TERMS OF THE NPDES PERMIT FOR EACH FACILITY. THE MONITORED PARAMETER RESULTS FROM ABOVE PARAGRAPH SHALL BE SUMMARIZED FOR EACH FACILITY ONCE EACH MONTH ON A DISCHARGE MONITORING REPORT, EPA FORM 3320-1 (DMR) AND SUBMITTED TO EPA ON A MONTHLY BASIS. DMRs ARE DUE ON THE 28TH DAY FOLLOWING THE END OF THE REPORTING PERIOD. THROUGH IMPLEMENTATION OF ITS FIVE YEAR CAPITAL IMPROVEMENT PLAN, THE CHOCTAWS AGREE TO ELIMINATE THE WASTEWATER DISCHARGES FROM ITS WASTEWATER FACILITIES IN ACCORDANCE WITH THE SCHEDULE DESCRIBED IN ATTACHMENT III. THE CHOCTAWS AGREE TO SUBMIT SEMI-ANNUAL PROGRESS REPORTS ON THE ELIMINATION OF DISCHARGES AS DESCRIBED IN THE ABOVE PARAGRAPH. SUCH PROGRESS REPORTS SHALL BE SUBMITTED BEGINNING ON THE DATE LISTED IN ATTACHMENT III AND SHALL CONTINUE ON A SEMI-ANNUAL BASIS AS LISTED IN ATTACHMENT III. SUCH SEMI-ANNUAL REPORTS SHALL BE DUE ON JANUARY 28TH AND JULY 28TH OF EACH YEAR AND SHALL DESCRIBE THE PROGRESS WHICH HAS BEEN MADE ON EACH PROJECT SINCE THE LAST SEMI-ANNUAL REPORT SUBMITTAL. THE CHOCTAW SHALL ATTAIN COMPLIANCE WITH THE CONEHATTA SCHOOL PERMIT NO LATER THAN JUNE 30, 2006. PROGRESS MADE TOWARDS ATTAINING COMPLIANCE SHALL BE DESCRIBED IN THE PROGRESS REPORTS SUBMITTED IN ACCORDANCE WITH PARAGRAPH 35. EPA WILL PROVIDE ASSISTANCE TO THE CHOCTAWS IN DETERMINING COMPLIANCE ALTERNATIVES FOR THE CRYSTAL RIDGE LAGOON. THE CHOCTAW AGREE TO SUBMIT A PLAN TO CORRECT NONCOMPLIANCE AT THE CRYSTAL RIDGE LAGOON AS FOLLOWS: RETAIN ENGINEER TO DESIGN ALTERNATIVE - APRIL 1, 2007 SUBMIT PLAN TO EPA - OCTOBER 9, 2007 ATTAIN NPDES PERMIT COMPLIANCE - MAY 1, 2009 EPA WILL REVIEW SUBMITTED PLAN AND PROVIDE COMMENTS WITHIN 45 DAYS OF RECEIPT. THE CHOCTAWS WILL INCORPORATE EPA COMMENTS INTO THE PLAN. SUCH PLAN WILL BE INCORPORATED INTO THIS ORDER WITHIN 30 DAYS OF RECEIPT OF EPA'S COMMENTS. THE CHOCTAWS AGREE TO SUBMIT SEMI-ANNUAL PROGRESS REPORTS ON THE PROGRESS MADE TOWARDS COMPLIANCE WITH THE PLAN INCORPORATED BY THE ABOVE PARAGRAPH. SUCH SEMI-ANNUAL REPORTS SHALL BE DUE ON JANUARY 28, 2008, JULY 28, 2008, AND JANUARY 28, 2009, AND SHALL DESCRIBE THE PROGRESS WHICH HAS BEEN MADE ON THE PROJECT SINCE THE LAST SEMI-ANNUAL REPORT SUBMITTAL.

Defendants (1)

• MISSISSIPPI BAND OF CHOCTAW INDIANSNamed in settlement

Facilities (11)

• BOGUE-KEMPER COUNTY LAGOON

  BATES ROAD, CHOCTAW, MS, 39350

  Registry ID: 110018908823

• CHOCTAW UTILITIES GOAT RANCH ROAD LAGOON

  GOAT RANCH ROAD, CHOCTAW, MS, 39350

  Registry ID: 110009714684

• CONEHATTA PROJECT HOMES LAGOON

  CHOCTAW CIRCLE PROJECTS, CHOCTAW, MS, 39350

  Registry ID: 110018908789

• TUCKER DAY SCHOOL

  HIGHWAY 19, CHOCTAW, MS, 39350

  Registry ID: 110018908841

• CONEHATTA BOARDING SCHOOL WWTP

  CHOCTAW CIRCLE, CHOCTAW, MS, 39350

  Registry ID: 110018908869

• KATIE MAE JOHNSON LAGOON

  MILLS ROAD, CHOCTAW, MS, 39350

  Registry ID: 110018908798

• TUCKER COMMUNITY LAGOON

  HIGHWAY 195, CHOCTAW, MS, 39350

  Registry ID: 110018908743

• CONEHATTA SCHOOL WWTF

  PROSPECT ROAD, CHOCTAW, MS, 39350

  Registry ID: 110009860882

• CHOCTAW UTILITIES STANDING PINE LAGOON

  CHOCTAW CIRCLE, CHOCTAW, MS, 39057

  Registry ID: 110009862149

• CRYSTAL RIDGE COMMUNITY LAGOON

  CRYSTAL RIDGE COMMUNITY ROAD, CHOCTAW, MS, 39350

  Registry ID: 110018908725

• BOGUE CHITTO COMMUNITY LAGOON

  RONNIE HENRY ROAD, CHOCTAW, MS, 39350

  Registry ID: 110018908690

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MISSISSIPPI BAND OF CHOCTAW INDIANSentered 2004-10-15

  Primary law: CWA

Timeline (3 milestones)

• 2004-10-15Final Order Issued
• 2005-01-06Enforcement Action Data Entered
• 2011-07-06Enforcement Action Closed