EPA v. TOTAL ENVIRONMENTAL SOLUTIONS, INC. (TESI) (UTILITY SERVICES, LLC)

Case summary

3/3/14 - The U.S. Environmental Protection Agency (EPA), U.S. Department of Justice and the Mississippi Department of Environmental Quality announced a proposed settlement today with Total Environmental Solutions, Inc. (TESI) and Utility Services, LLC to address violations of the Clean Water Act (CWA), including effluent violations and unauthorized overflows of untreated raw sewage. These companies have agreed to undertake a thorough assessment of, and implement extensive improvements to, 18 wastewater treatment facilities and wastewater collection and transmission systems located in Mississippi. The proposed consent decree resolves TESI?s liability for CWA violations at these Mississippi facilities, including numerous effluent violations, instances of failure to monitor and sanitary sewer overflows (SSOs).TESI?s failure to properly operate and maintain these wastewater treatment facilities and wastewater collection and transmission systems resulted in violations of its National Pollutant Discharge Elimination System permits issued by the State of Mississippi. Utility Services, LLC intends to purchase these facilities from TESI and then assume the responsibilities of TESI to perform the injunctive relief required under the consent decree at an estimated cost of $1.075 million. The proposed consent decree also requires TESI to pay a civil penalty of $225,000. Keeping raw sewage out of the waters of the United States is one of the EPA?s national enforcement initiatives. The initiative focuses on reducing sewer overflows and permit limit exceedances, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining commitments from the operators of wastewater systems to implement timely, affordable solutions to these problems. The proposed consent decree has been lodged in the U.S. District Court for the Southern District of Mississippi, and is subject to a 30-day public comment period and final court approval.

Defendants (1)

• TOTAL ENVIRONMENTAL SOLUTIONALS, INC. (TESI)Named in complaintNamed in settlement

Facilities (24)

• GREAT RIVER UTILITY OPERATING CO LLC, LOWER WOODVILLE ESTATES

  151 TUBMAN CIR, NATCHEZ, MS, 39120

  Registry ID: 110016788797

• UTILITY SERVICES LLC, SENECA HILLS SUBDIVISION

  3C ROAD, VANCLEAVE, MS, 39565

  Registry ID: 110020844791

• PLEASANT VALLEY UTILITY SUBDIVISION

  314 PLEASANT VALLEY DRIVE, VICKSBURG, MS, 39180

  Registry ID: 110008517952

• GREAT RIVER UTILITY OPERATING CO LLC, OAK PARK SUBDIVISION

  125 TWIN CREEKS DRIVE, VICKSBURG, MS, 39180

  Registry ID: 110016771493

• TESI/ DISCOVERY BAY MARINA_SUB

  ARCADIA ROAD, PASS CHRISTIAN, MS, 39571

  Registry ID: 110008516702

• LAKE ROYALE WWTP

  NCSR 1611, LOUISBURG, NC, 27549

  Registry ID: 110006804226

• GREAT RIVER UTILITY OPERATING CO LLC, SERENE HILLS SUBDIVISION

  252 SERENE HILLS DRIVE, HATTIESBURG, MS, 39401

  Registry ID: 110008520252

• TESI LOCKHART TREATMENT FACILITY

  400 RIVER ST, LOCKHART, SC, 29364

  Registry ID: 110006693060

• HANCOCK COUNTY UTILITY AUTHORITY, OAK HARBOR SUBDIVISION

  16019 MIAMI CIRCLE, PEARLINGTON, MS, 39572

  Registry ID: 110011056891

• OAK FOREST ESTATES AND OAK GROVE SCHOOL

  OAK GROVE ROAD HWY 24, LAMAR COUNTY, MS, 39401

  Registry ID: 110009862675

• UTILITY SERVICES LLC, BERNARD ACRES SUBDIVISION

  BERNARD DRIVE, VICKSBURG, MS, 39180

  Registry ID: 110008518130

• GREAT RIVER UTILITY OPERATING CO LLC, VILLANOVA SUBDIVISION

  398 VILLANOVA DRIVE, VICKSBURG, MS, 39180

  Registry ID: 110008518078

• GREAT RIVER UTILITY OPERATING CO LLC, TIMBER CREEK APARTMENTS

  BLOSSOM LANE, VICKSBURG, MS, 39180

  Registry ID: 110008516828

• UTILITY SERVICES LLC, MILL CREEK SUBDIVISION

  LEE ROAD, VICKSBURG, MS, 39180

  Registry ID: 110008521055

• GREAT RIVER UTILITY OPERATING CO LLC, LOWER WOODVILLE ESTATES

  151 TUBMAN CIR, NATCHEZ, MS, 39120

  Registry ID: 110016788797

• …and 9 more

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• TOTAL ENVIRONMENTAL SOLUTIONS, INC. (TESI)entered 2014-05-01

  Primary law: CWA

  Federal penalty: $112,500

Timeline (8 milestones)

• 2009-12-16Referred To Dept Of Justice
• 2009-12-30Enforcement Action Data Entered
• 2014-03-05Complaint Filed With Court
• 2014-03-05Final Order Lodged
• 2014-05-01Final Order Entered
• 2014-05-01Concluded
• 2019-07-02Enforcement Action Closed
• 2019-07-02NPDES Closed