EPA v. MISSISSIPI BAND OF CHOCTAW INDIANS CHOCTAW, MISSISSIPPI STANDING PINE WASTEWATER TREATMENT FACILITY

Case summary

SEPTEMBER 3, 2024 - ADMINISTRATIVE ORDER ON CONSENT In April of 2023, the EPA reviewed its Integrated Compliance Information System (ICIS)which showed that MBCI was in violation of the Effluent Limitations Section of the Permit, Section I.A.1. Specifically, MBCI violated effluent limits for total suspended solids (21 counts), total residual chlorine (7 counts), 5-day biochemical oxygen demand (3 counts), nitrogen as ammonia (2 counts), and E.coli (19 counts). Further, the ICIS review revealed 10 counts of late DMR submittals, in violation of the Reporting, Monitoring, and Recording Requirements Section of the Permit Section II.A.1c. On February 9, 2024, the EPA sent a Notice of Violations (NOV) letter to MBCI regarding violations identified in its review of ICIS. The NOV noted effluent limitation violations of the Permit as well as the late DMR violations. On March 28, 2024, the 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) of the Permit, issued pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, by discharging pollutants into the Pottock Creek tributary to Pearl River, a navigable water and water of the United States, in excess of the limitations allowed in the Permit, and the Reporting, Monitoring, and Recording Requirements Section of the Permit (Part II.A.1.c) by failing to timely submit DMR reports as required by the Permit. Based on the above, the 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. 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. Upon review of the proposed Plan, the EPA may: 1) approve the Plan in writing; or 2) in the event the Plan is not approved, provide written comments to MBCI identifying any deficiencies. Within 30 days of the date of receipt of comments identifying deficiencies, MBCI shall modify the Plan to address any deficiencies and submit the modified Plan to the EPA for final review and approval. Should the EPA determine that MBCI has failed to resolve any deficiencies, the EPA reserves the right to require additional revisions and resubmissions until the deficiencies are satisfactorily addressed. Resubmission of the Plan without adequately addressing the EPA's comments may be deemed a violation of this AOC. MBCI shall begin implementation of the Plan immediately upon receipt of the EPA?s written approval of the Plan.

Defendants (3)

• MISSISSIPI BAND OF CHOCTAW INDIANSNamed in settlement
• CHOCTAW, MISSISSIPPINamed in settlement
• STANDING PINE WASTEWATER TREATMENT FACILITYNamed in settlement

Facilities (1)

• STANDING PINE WWTF

  BIA ROAD 2521, WALNUT GROVE, MS, 39057

  Registry ID: 110009862149

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MISSISSIPI BAND OF CHOCTAW INDIANS CHOCTAW, MISSISSIPPI STANDING PINE WASTEWATER TREATMENT FACILITYentered 2024-09-03

  Primary law: CWA

Timeline (2 milestones)

• 2024-09-03Final Order Issued
• 2024-09-23Enforcement Action Data Entered