EPA v. COPIAH COUNTY INDUSTRIAL PARK GALLMAN, MISSISSIPPI

Case summary

DECEMBER 8, 2022 - ADMINISTRATIVE ORDER ON COMPLIANCE On August 4, 2021, the EPA and MDEQ conducted a Compliance Evaluation Inspection (CEI) to assess the overall operation of the Facility. The CEI identified violations of effluent limits in the NPDES Permit. The EPA's findings and recommendations were summarized in a CEI Report dated September 9, 2021. The County has violated the Effiuent Limitations and Monitoring Requirements Section of the 2019 NPDES Permit, issued pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, by discharging pollutants into an unnamed tributary of Copiah C. On October 25, 2021, the County, through its counsel, submitted a response to the EPA's September 9, 2021, CEI Report. On April 20, 2022, the EPA sent a Notice of Violations (NOV) to The County regarding violations identified during the CEI. The NOV noted effluent limitation violations of the 2019 NPDES Permit. Specifically, The County violated the effluent limitations for 5-day Biochemical Oxygen Demand (BODs) (34 counts), Fecal Coliforms (2 counts), pH (5 counts), Total Suspended Solids (TSS) (21 counts), Nitrogen as ammonia (19 counts), and E. Coli (21 counts) as indicated in the discharge monitoring reports (DMRs) during the period covering March I, 2018, through March 1, 2022. The EPA's Integrated Compliance Information System shows that the County WWTP has an authorized NPDES permit to discharge to an unnamed tributary of Copiah Creek since 1976. The County has violated the Effiuent Limitations and Monitoring Requirements Section of the 2019 NPDES Permit, issued pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, by discharging pollutants into an unnamed tributary of Copiah Creek in excess of the limitations Copiah Creek in excess of the limitations established in its 2019 NPDES Permit for BODs, E. Coli, Nitrogen as Ammonia, TSS, and pH. In addition, the County has violated its Permit by failing to properly operate and maintain all facilities and systems of treatment and control which are installed or used by the Facility to achieve compliance with the condition of the permit Based on the above, the EPA finds that the County is in violation of Section 301(a) of the CWA, 33 U.S.C. ? 131!(a), and the above referenced provisions of its 2019 NPDES Permit.

Defendants (1)

• COPIAH COUNTY INDUSTRIAL PARK GALLMAN, MISSISSIPPINamed in settlement

Facilities (1)

• COPIAH COUNTY INDUSTRIAL PARK

  US HWY 51 NORTH, GALLMAN, MS, 39077

  Registry ID: 110008505867

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• COPIAH COUNTY INDUSTRIAL PARK GALLMAN, MISSISSIPPIentered 2022-12-08

  Primary law: CWA

Timeline (2 milestones)

• 2022-12-08Final Order Issued
• 2023-04-14Enforcement Action Data Entered