EPA v. COPIAH COUNTY INDUSTRIAL PARK

Case summary

SEPTEMBER 26, 2024 - CONSENT AGREEMENT The EPA and MDEQ conducted a Compliance Evaluation Inspection (CEI) of the WWTP on August 4, 2021, to evaluate the Respondent's compliance with the CWA, the regulations promulgated thereunder, and the Permit. The EPA mailed a copy of its inspection report to the Respondent on September 9, 2021. Based on the CEI, review of additional information, and discussions between the Respondent and EPA, the Respondent has violated Section 301 of the CWA, 33 U.S.C. ? 1311, due to Respondent's failure to comply with the Permit and the CWA implementing regulations. On April 20, 2022, the EPA sent a Notice of Violations (NOV) to the County regarding violations identified during the CEI. On May 9, 2022, the EPA held, and Respondents participated in a show cause meeting. Based on the CEI, review of records submitted by the Respondent, and discussions between the Respondent and the EPA, the EPA determined the following: (a) The Respondent violated the effluent limitations set forth in Permit Condition T-25, as self-reported in its monthly Discharge Monitoring Reports submitted to the EPA. Specifically, the respondent reported 216 effluent limit violations including 5-day Biochemical Oxygen Demand, Fecal Coliforms, Total Suspended Solids, Nitrogen as Ammonia, and E. coli from 2019 through 2024. (b) At the time of the CEI, the Respondent was not properly operating and maintaining all facilities and systems for collection and treatment in violation of Permit Condition T-14, Operations and Maintenance Requirements. As observed during the CEI, the County had failed to properly operate and maintain the Facility and had failed to replace Facility equipment, including but not limited to cleaning trash out of the headworks, maintaining and replacing headworks pump, maintaining plant vegetation, and maintaining chlorine chamber sludge. (c) The Respondent violated Permit condition L-2 which requires that there shall be no discharge of floating solids of visible foam in other than trace amounts . During the CEI the EPA observed dark reddish-brown coloration, foam, and solids in the effluent chamber in violation of this permit condition. Respondents consent to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $14,000 which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.

Defendants (1)

• COPIAH COUNTY INDUSTRIAL PARKNamed in complaintNamed in settlement

Facilities (1)

• COPIAH COUNTY INDUSTRIAL PARK

  US HWY 51 NORTH, GALLMAN, MS, 39077

  Registry ID: 110008505867

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• COPIAH COUNTY INDUSTRIAL PARKentered 2024-09-26

  Primary law: CWA

  Federal penalty: $14,000

Timeline (4 milestones)

• 2024-09-26Final Order Issued
• 2024-10-01Enforcement Action Data Entered
• 2024-10-26NPDES Closed
• 2024-10-26Enforcement Action Closed