EPA v. MISSISSIPPI BAND OF CHOCTAW INDIANS CHOCTAW, MISSISSIPPI TUCKER 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 5-day carbonaceous biochemical oxygen demand (2counts), total residual chlorine (4 counts), E. coli (16 counts), nitrogen as ammonia (14 counts), and total suspended solids (38 counts). Further, the ICIS review revealed 11 counts of late DMR submittals, in violation of the Reporting, Monitoring, and Recording Requirements Section of the Permit Section II.A.1c. On May 9, 2023, 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 with regards to effluent violations of the Permit?s limits and with regards to the Permit?s requirements to conduct effluent monitoring and submit DMRs reporting 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. Specific Operations and Maintenance violations. On February 9, 2024, the EPA sent a Notice of Violations (NOV) letter to MBCI regarding violations identified during the CEI as well as its review of ICIS. The NOV noted failure to submit DMRs on the schedule date, for the past 12 quarters, effluent limitation violations of the Permit, and failure to properly operate and maintain the facility. 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) and Proper Operations and Maintenance of Pollution Controls Section (Part III.B.1) of the Permit, issued pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, by discharging pollutants into an unnamed tributary to Cushtusia Canal, a navigable water and water of the United States, in excess of the limitations allowed in the Permit, and by failing to properly operate and maintain the facility. 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. AOC. MBCI shall begin implementation of the Plan immediately upon receipt of the EPA?s written approval of the Plan.

Defendants (3)

• MISSISSIPPI BAND OF CHOCTAW INDIANSNamed in settlement
• CHOCTAW, MISSISSIPPINamed in settlement
• TUCKER TREATMENT FACILITYNamed in settlement

Facilities (1)

• TUCKER WASTEWATER TREATMENT FACILITY

  HWY 195, PHILADELPHIA, MS, 39350

  Registry ID: 110009714693

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MISSISSIPPI BAND OF CHOCTAW INDIANS CHOCTAW, MISSISSIPPI TUCKER TREATMENT FACILITYentered 2024-09-03

  Primary law: CWA

Timeline (2 milestones)

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