EPA v. CITY OF GULFPORT, MISSISSIPPI

Case summary

MAY 4, 2022: CONSENT AGREEMENT - MDEQ issued Respondent the Small Municipal Separate Storm Sewer System (MS4) General Permit, Permit No. MSRMS4002 ( Permit ), which requires Respondent to comply with all provisions of the Permit. The current Permit became effective on July 14, 2020, and expires on February 28, 2021. Prior to July 14, 2020, Respondent was covered under a 2010 version of the Permit with an effective date of March 15, 2010 On June 12, 2019, the EPA and MDEQ performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondent's treatment and disposal of stormwater at the Facility with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. During the CSWEI of the Facility, the EPA's inspectors observed the following: (a) Act 6 of the Permit requires Respondent to conduct an annual review of the Stormwater Management Program (SWMP), which is to be done in conjunction with the preparation of the annual report with changes to the SWMP being made when necessary. The SWMP provided in response to the inspection was last reviewed and updated in 2010. (b) Act 5 of the Permit requires Respondent to include in their SWMP the Best Management Practices (BMPs) implemented for each minimum control measure. The SWMP should provide measurable goals and rationale statements documenting the decision process for the development of the various programs. The Public Education and Outreach Program section of the SWMP provided in response to the inspection discussed Respondent's distribution of paper flyers, but failed to include its current focus of the use of social media as required by the Permit. (c) Act 5 of the Permit requires Respondent to develop, implement, and update/revise an enforcement program to control stormwater runoff from construction sites. During the CSWEI, Respondent stated that inspections for this program are performed by both Respondent's Engineering Department (from initiation up to vertical construction begins) and the Urban Development/Code Enforcement Department (during vertical construction). During the inspections performed by the two departments observed by the EPA during the CSWEI, the EPA was informed that Respondent's inspectors focused on different areas and did not consistently involve regular evaluation of the site plan and outdoor stormwater controls and its implementation at the site, as well as identification of stormwater pollution prevention and erosion controls. (d) Act 5 of the Permit requires Respondent to develop, implement, and enforce a Post? Construction Stormwater Management Program to address stormwater runoff from public and privately-owned new and redevelopment projects greater than or equal to one acre. During the CSWEI, the EPA was informed that Respondent did not consistently inspect, maintain, or perform oversight of privately-owned post construction controls as required by the Permit. (e) Act 5 of the Permit requires Respondent to ensure long term operation and maintenance ofBMPs. In doing this, Respondent is required to have maintenance agreements and provide verification of maintenance provisions for post-construction practices. According to Respondent's representatives during the CSWEI, Respondent did not have the necessary agreements and/or ordinance in place to ensure the proper maintenance of post? construction controls as required by the Permit. (f) Act 7 of the Permit requires Respondent to submit annual reports to MDEQ by the 28ᵗʰ day of January. As part of the CSWEI, the EPA reviewed the annual report for 2018 and determined that it was not submitted by Respondent's agent or representative lmtil April 1, 2019.

Defendants (1)

• CITY OF GULFPORT, MISSISSIPPINamed in complaintNamed in settlement

Facilities (1)

• GULFPORT, CITY OF, MS4 STORMWATER MANAGEMENT PROGRAM

  PHYSICAL ADDRESS, GULFPORT, MS, 39502

  Registry ID: 110070099563

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CITY OF GULFPORT, MISSISSIPPIentered 2022-05-04

  Primary law: CWA

  Federal penalty: $25,000

Timeline (3 milestones)

• 2022-05-04Final Order Issued
• 2022-05-04Complaint Filed/Proposed Order
• 2022-05-18Enforcement Action Data Entered