EPA v. CITY OF ITTA BENA

Case summary

AUGUST 16, 2022 - ADMINISTRATIVE ORDER ON CONSENT On March 21, 2016, DEQ issued NPDES Permit No. MS0020915 (Permit) to Respondent for the WWTP. Under this Permit, the WWTP is pennitted to discharge pollutants from a point source into Gayden Brake Stream, a navigable water as defined in Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). The Permit became effective on March 21, 2016, and expired on February 28, 2021. Respondent has not yet submitted an application to renew the Permit despite continuing to operate and discharge. The EPA issued a Notice of Violation (NOV) to Respondent on March 11, 2022. On April 18, 2022, Respondent met with the EPA to discuss the violations cited in the NOV and Respondent did not dispute the findings. Based on the findings in the NOV, review of additional information provided by DEQ, and discussions between Respondent and the EPA, the EPA determined the following: (a) During the week of April 26, 2021, representatives of the EPA conducted an NPDES Reconnaissance Sampling Evaluation at the WWTP. The grab sample collected from effluent Outfall 001 was above the permitted effluent limitation for biochemical oxygen demand (BODs), pH, and total residual chlorine (TRC). Each effluent limit exceedance constitutes a violation of the Effluent Limitations and Monitoring Part of the previously effective Permit. Therefore, Respondent violated Section 30l(a) of the CWA, 33 U.S.C. ? 131l(a), by discharging pollutants without authorization under a required NPDES permit. Moreover, the significance of this violation is enhanced by the fact that, had the previously applicable Permit remained in force, the effluent limitations set forth in the Permit for BODS, pH, and TRC would have been violated, for a total of three effluent violations. (b) A review of the data from the EPA's Integrated Compliance Information System indicates that Respondent self-reported in its Discharge Monitoring Reports (DMR) for Outfall 001 that it violated the effluent limitations set forth in the Effluent Limitations and Monitoring Part of the Permit for BODs, total suspended solids (TSS), and fecal coliform in 2017, and BODs, BOD percent removal, flow, TSS, fecal coliform, and dissolved oxygen (DO) in 2020. Each effluent limit exceedance constitutes a violation of the Effluent Limitations and Monitoring Part of the Permit. Therefore, Respondent violated the effluent limitations set forth in the Permit for BODs, BOD percent removal, flow, TSS, fecal coliform, and DO for a total of nine effluent violations. (c) Condition S-1 of the Permit requires that the Permittee shall submit analytical results on an annual Discharge Monitoring Report (DMR): Due annually by the 28th of January. Condition S-4 of the Permit further requires that the DMR be submitted electronically using DEQ's NetDMR system. Respondent failed to submit its DMR data for calendar years 2018 and 2019 into the NetDMR system. In addition, the DMR data for calendar year 2017 was submitted after January 28th of that year. Therefore, Respondent violated Condition S-1 of the Permit for: 1. failing to submit the entire DMR on two annual DMRs; and 2. failing to submit the 2017 DMR on time. (d) The Permit became effective on March 21, 2016 and expired on February 28, 2021. Respondent has yet to renew the Permit and continues to operate and discharge pollutants into navigable waters without an NPDES permit. As a result, Respondent has and continues to violate Section 30l(a) bf the CWA, 33 U.S.C. ? 13ll(a). Based on the above, the EPA finds that Respondent violated Section 30 l' a) of the CWA, 33 U.S.C. ? 131l(a), and its Permit issued pursuant to Section 402 of the CWA.

Defendants (1)

• CITY OF ITTA BENANamed in settlement

Facilities (1)

• ITTA BENNA POTW

  COUNTY ROAD 514, ITTA BENA, MS, 38941

  Registry ID: 110064226207

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CITY OF ITTA BENAentered 2022-08-16

  Primary law: CWA

Timeline (2 milestones)

• 2022-08-16Final Order Issued
• 2022-09-07Enforcement Action Data Entered