EPA v. TOWN OF MORGAN CITY

Case summary

JULY 8, 2022 - ADMINISTRATIVE ORDER ON CONSENT On November 13, 2017, DEQ issued NPDES Permit No. MS0062375 (Permit) to Respondent for the WWTP. Under this Permit, the WWTP is permitted to discharge pollutants from a point source into an unnamed tributary, a navigable water as defined in Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). The Permit became effective on November 13, 2017,and expires on October 31, 2022. The EPA issued a Notice of Violation (NOV) to Respondent on March 28, 2022. On April 27, 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 Inspection at the WWTP. The grab sample collected from effluent Outfall 001 was above the permitted effluent limitation for total suspended solids (TSS). Specifically, the result was 73 mg/L and the limit is 45 mg/L (weekly average). This 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 TSS for a total of one effluent violation. (b) A review of the data from the EPA's Integrated Compliance Information System (ICIS) 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. Specifically, in 2019, Respondent violated the Permit limits for flow, TSS, TSS percent removal, E. coli, and biochemical oxygen demand (BOD) percent removal. In 2020, Respondent violated the Permit limits for TSS, TSS percent removal and BOD percent removal. 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 flow, TSS, TSS percent removal, E. coli, and BOD percent removal for a total of eight 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. According to ICIS, the DMR data for calendar year 2017 was reported as NODI=P, which means laboratory error or invalid test, and nothing was reported for calendar year 2018. In addition, the 2019 DMR was submitted after January 28, 2020, and therefore late pursuant to the Permit. As a result, 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 2019 DMR on time.

Defendants (1)

• TOWN OF MORGAN CITYNamed in settlement

Facilities (1)

• MORGAN CITY WATER AND SEWER ASSOCIATION INC

  SOUTHWORTH STREET AND COUNTY ROAD 553, MORGAN CITY, MS, 38946

  Registry ID: 110008515794

Statutes cited

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

Enforcement conclusions (1)

• TOWN OF MORGAN CITYentered 2022-07-08

  Primary law: CWA

Timeline (2 milestones)

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