EPA v. MISSISSIPPI BAND OF CHOCTAW INDIANS, BOGUE CHITTO WASTEWATER TREATMENT FACILITY

Case summary

SEPTEMBER 3, 2024 - ADMINISTRATIVE ORDER ON CONSENT On May 9, 2023, the EPA contractors conducted a Compliance Evaluation Inspection (CEI) to assess the overall operation of the Facility. The CEI identified deficiencies related to the operation and maintenance of facilities and systems for collection and treatment including effluent violations of the Permit?s limits and the Permit?s requirements to conduct effluent monitoring and submit discharge monitoring reports (DMRs) conveying the results of effluent monitoring. The EPA?s findings and recommendations were summarized in the CEI Report dated June 28, 2023. The CEI showed that MBCI was in violation of the Operation and Maintenance Section of the Permit, Part III.B.1. On February 9, 2024, the EPA sent a Notice of Violations (NOV) letter to MBCI for the violations identified during the CEI as well as its review of ICIS. The NOV noted failure to submit discharge monitoring reports (DMRs) on the scheduled date, for the past 12 quarters, effluent limitation violations of the Permit, failure to sample, lapse in the whole effluent toxicity testing, and failure to properly operate and maintain the facility. On March 28, 2024, EPA and representatives of MBCI Department of Utilities held a conference call to discuss the Permit violations. MBCI confirmed the Permit violations and drafted a report dated April 12, 2024, explaining the violations and detailing corrective actions to address them. MBCI has violated the Effluent Limitations and Monitoring Requirements Section (Part I.A) and Proper Operations and Maintenance of Pollution Controls Section (Part III.B.1) of the Permit. EPA finds that MBCI is in violation of Section 301(a) of the CWA, 33 U.S.C. ? 1311(a), and the above referenced provisions of the Permit. Based on the foregoing FINDINGS OF FACT and pursuant to the authority of Section 309(a) of the CWA, 33 U.S.C. ? 1319(a), Within 90 days of the effective date of this AOC, MBCI shall develop and submit to the EPA for review and approval a Corrective Action Plan (Plan). The goal of the Plan is to determine the cause of the violations alleged above, correct the violations, and bring MBCI into full compliance with the Permit. The Plan shall include a description of the necessary corrective action(s) that provide for the elimination of effluent violations of the Permit. The Plan shall also include a schedule for full implementation that does not exceed 180 days following the EPA?s approval.

Defendants (3)

• MISSISSIPPI BAND OF CHOCTAW INDIANSNamed in settlement
• CHOCTAW, MISSISSIPPINamed in settlement
• Bogue Chitto Wastewater Treatment FacilityNamed in settlement

Facilities (1)

• BOGUE CHITTO WASTEWATER TREATMENT FACILITY

  BIA ROAD 0232, PHILADELPHIA, MS, 39350

  Registry ID: 110009714773

Statutes cited

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

Enforcement conclusions (1)

• MISSISSIPPI BAND OF CHOCTAW INDIANS, BOGUE CHITTO WASTEWATER TREATMENT FACILITYentered 2024-09-03

  Primary law: CWA

Timeline (2 milestones)

• 2024-09-03Final Order Issued
• 2024-09-20Enforcement Action Data Entered