EPA v. ALABAMA DEPARTMENT OF YOUTH SERVICES - MOUNT MEIGS, ALABAMA

Case summary

8/20/15 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. RESONDENT OWNS AND OPERATES A WASTEWATER TREATMENT LAGOON SYSTEM IN MT. MEIGS, AL, WHICH DISCHARGES POLLUTANTS AS A POINT SOURCE INTO AN UNNAMED TRIBUTARY OF BUTLER CREEK. THE STATE OF AL THRU ADEM ISSUED NPDES PERMIT NO. AL0058777 TO RESPONDENT FOR THE MT. MEIGS CAMPUS COMPLEX LAGOON WITH THE EFFECTIVE DATE OF NOV 1, 2004, AND THE EXPIRATION DATE OF OCT 31, 2009. THE RESPONDENT FAILED TO SUBMIT AN APPLICATION TO RENEW THE PERMIT AND THE PERMIT EXPIRED ON OCT 31, 2009. BEGINNING ON NOV 1, 2009, RESPONDENT WAS NO LONGER AUTHORIZED TO DISCHARGE UNDER AN NPDES PERMIT; HOWEVER, ACCORDING TO MONTHLY DMRs SUBMITTED BY RESPONDENT, RESPONDENT CONTINUED TO DISCHARGE POLLUTANTS FROM OUTFALL 001 TO AN UNNAMED TRIBUTARY OF BUTLER CREEK FROM NOV 1, 2009 THRU PRESENT. ON NOV 4, 2014 EPA SENT A NOTICE OF VIOLATION (CWA 309) TO RESPONDENT REGARDING THE UNPERMITTED DISCHARGES. THE NOV REQUESTED A MEETING TO DISCUSS CORRECTIVE ACTIONS PLANNED OR TAKEN TO ADDRESS THE ONGOING VIOLATIONS. THE MEETING WAS HELD ON DEC 2, 2014. DURING THE MEETING, RESPONDENT DISCUSSED THE HISTORY OF THE FACILITY'S NONCOMPLIANCE WITH THE CWA. THIS INCLUDED PAST DISCUSSIONS WITH THE CITY OF MONTGOMERY WATER WORKS AND SANITARY SEWER BOARD REGARDING ELIMINATION OF RESPONDENT'S DISCHARGE TO WATERS OF THE U.S. AND RESPONDENT' S CONSTRUCTION OF A TAP THRU WHICH RESPONDENT'S WASTEWATER WOULD BE SENT TO THE BOARD'S WWTF FOR TREATMENT AND ULTIMATE DISCHARGE. HOWEVER, TO PROTECT THE BOARD'S WWTF, THE BOARD IS REQUIRING RESPONDENT TO IMPLEMENT CERTAIN MEASURES BEFORE THE BOARD WILL OPEN THE TAP AND BEGIN ACCEPTING RESPONDENT'S WASTEWATER. ON DEC 4, 2014, EPA CONTACT THE BOARD TO OBTAIN SPECIFIC INFO REGARDING THE MEASURES REQUIRED TO BE IMPLEMENTED BY RESPONDENT IN ORDER FOR THE BOARD TO BEGIN ACCEPTING RESPONDENT'S WASTEWATER. ON DEC 16, 2014, EPA CONDUCTED A SITE VISIT OF THE MT. MEIGS CAMPUS COMPLEX LAGOON AND OBSERVED MULTIPLE BREACHES IN THE LAGOON'S DIKE AND FENCE, ONE IN PARTICULAR THRU WHICH IT APPEARED WASTEWATER AND DEBRIS WERE BEING REGULARLY DISCHARGED. FURTHER, ALTHOUGH THE RESPONDENT'S PERMIT IS EXPIRED, RESPONDENT CONTINUED TO TAKE SAMPLES AND SUBMIT MONTHLY DMRs TO ADEM; HOWEVER, WHILE ONSITE NEITHER EPA NOR RESPONDENT COULD DETERMINE THE LOCATION WHERE THESE SAMPLES WERE BEING TAKEN. IN AN ADEM INSPECTIN REPORT FROM AN INSPECTION CONDUCTED ON JULY 29, 2014, THE INSPECTOR OBSERVED AT THAT TIME THAT THE EFFLUENT IS DISCHARGING THROUGH A BREACH IN THE DIKE, NOT THROUGH A PERMITTED DISCHARGE LOCATION AN DFURTHER OBSERVED THAT EFFLUENT SAMPLES ARE BEING COLLECTED AT THE BREACH IN THE DIKE, NOT AT THE PERMITTED OUTFALL. EPA HAS DETERMINED THAT RESPONDENT HAS VIOLATED CWA 301(a) IN THAT RESPONDENT HAS DISCHARGED POLLUTANT INTO NAVIGABLE WATERS OF THE U.S. WITHOUT AN NPDES PERMIT.

Defendants (1)

• ALABAMA DEPARTMENT OF YOUTH SERVICESNamed in settlement

Facilities (1)

• MT MEIGS CAMPUS COMPLEX LAGOON

  ALABAMA DEPT OF YOUTH SERVICES, MOUNT MEIGS, AL, 36057

  Registry ID: 110009691681

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALABAMA DEPARTMENT OF YOUTH SERVICES - MOUNT MEIGS, ALABAMAentered 2015-08-20

  Primary law: CWA

Timeline (4 milestones)

• 2015-08-20Final Order Issued
• 2015-09-01Enforcement Action Data Entered
• 2019-08-15Enforcement Action Closed
• 2019-08-15NPDES Closed