EPA v. MISSISSIPPI BAND OF CHOCTAW INDIANS - PEARL RIVER WWTP

Case summary

7/28/16 - ADMINISTRATIVE ORDER ON CONSENT. ALLEGATIONS: RESPONDENT HAS FAILED TO COMPLY WITH THE FOLLOWING PERMIT REQUIREMENTS: A. RESPONDENT FAILED TO SAMPLE AND REPORT MONTHLY TOTAL HARDNESS CONCENTRATIONS IN ACCORDANCE WITH THE PERMIT FROM MARCH THRU OCT 2011, IN JULY 2013, IN OCT 2013, IN JULY 2014, IN SEPT 2014, AND IN JULY 2015. B. RESPONDENT FAILED TO SAMPLE AND REPORT MONTHLY COPPER CONCENTRATIONS IN ACCORDANCE WITH THE PERMIT FROM JUNE THRU JULY 2015, AND IN OCT 2015. C. RESPONDENT REPORTED COPPER CONCENTRATIONS IN UNITS OF MG/L INSTEAD OF UG/L CONVERTED REPORTED VALUES TO UG/L AND CALCULATING THE COPPER EFFLUENT LIMITATIONS IN ACCORDANCE WITH THE PERMIT, RESPONDENT EXCEEDED THE COPPER MONTHLY AVERAGE, WEEKLY AVERAGE, AND DAILY MAXIMUM. EPA ISSUED A NOV TO RESPONDENT ON APR 25, 2016. IN RESPONSE, RESPONDENT SUBMITTED A PROPOSAL FOR CORRECTIVE ACTION ON MAY 6, 2016, TO ADDERSS DMR MONITORING AND REPORTING. IN ADDITION, RESPONDENT SUBMITTED A COMPLIANCE PLAN FOR COPPER TO ADDRESS THE COPPER VIOLATIONS. THE PLAN PROPOSES TO START WITH THE SIMPLEST, MOST BASIC STEPS AND TO MOVE TOWARD PROGRESSIVELY MORE SOPHISTICATED PROCEDURES, UNTIL AN APPROPRIATE SITE SPECIFIC LIMIT IS DETERMINED BY EPA. SPECIFICALLY, THE PLAN PROPOSES TO: A. CONFIRM THE ACCURACY OF PREVIOUSLY-REPORTED COPPER PERMIT LIMITATION EXCEEDANCES IN THE CURRENT DATA, WITH CONTINUED MONITORING USING CLEAN SAMPLING AND ANALYTICAL TECHNIQUES. B. CALCULATE THE DISSOLVED FRACTION OF COPPER FROM DIRECT MEASUREMENTS OF DISSOLVED AND TOTAL RECOVERABLE COPPER. C. DEVELOP A TRANSLATOR BASED ON TOTAL SUSPENDED SOLIDS AND USEPA PARTITIONING COEFFICIENTS. D. PROPOSE A TOTAL RECOVERABLE COPPER EFFLUENT LIMIT TO EPA BASED ON SITE SPECIFIC CONDITIONS. E. IN NECESSARY, PURSUE A COOPERATIVE BIOTIC LIGAND MODEL STUDY WITH THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY TO DEVELOP SITE SPECIFIC CRITERIA FOR LONGER REACHES OF THE DOWNSTREAM RECEIVING STREAMS WHICH ARE SUBJECT TO MISSISSIPPI'S WATER QUALITY STANDARDS. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED CWA 301(a) IN THAT RESPONDENT DISCHARGED WASTEWATER CONTAINING POLLUTANTS TO NAVIGABLE WATERS NOT IN COMPLIANCE WITH THE COPPER EFFLUENT LIMITATIONS IN ITS NPDES PERMIT AND BY FAILING TO SAMPLE AND REPORT TOTAL HARDNESS AND COPPER CONCENTRATIONS IN COMPLIANCE WITH THE PERMIT.

Defendants (2)

• PEARL RIVER WWTPNamed in settlement
• MISSISSIPPI BAND OF CHOCTAW INDIANSNamed in settlement

Facilities (1)

• PEARL RIVER WASTEWATER TREATMENT FACILITY

  168 JAMES BILLY ROAD, PHILADELPHIA, MS, 39350

  Registry ID: 110014411243

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MISSISSIPPI BAND OF CHOCTAW INDIANS - PEARL RIVER WWTPentered 2016-07-28

  Primary law: CWA

Timeline (4 milestones)

• 2016-07-28Final Order Issued
• 2016-08-04Enforcement Action Data Entered
• 2021-02-23Enforcement Action Closed
• 2021-02-23NPDES Closed