EPA v. THE CITY OF ROSEDALE, MISSISSIPPI

Case summary

JANUARY 6, 2026 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT The following Findings are made, and this Order on Consent is issued, pursuant to the authority vested in the EPA by Section 309(a) of the CWA, 33 U.S.C.1319(a), as amended. This authority has been delegated to the Regional Administrator of the EPA, Region 4, and further delegated by the Regional Administrator to the Director of the Enforcement and Compliance Assurance Division, EPA, Region 4. The City of Rosedale (City) is a municipality existing under the laws of the State of Mississippi and is a person within the meaning of Section 502(5) of the CWA, 33 U.S.C.1362(5). At all times relevant to this action, the City owned and/or operated a Wastewater Treatment Plant (WWTP), called the Rosedale Publicly Owned Treatment Works (POTW), located in Bolivar County on End of D Street Martin Luther King Street in Rosedale, Mississippi. The WWTP is operating under NPDES Permit Number MS0020630. The WWTP discharges pollutants through a pipe or point source at Outfall 001 into a ditch then into Lane Bayou. Lane Bayou is a navigable water, as defined in Section 502(7) of the CWA, 33 U.S.C.1362(7), and described in MDEQ NPDES Permit No. MS0020630. The Permit requires compliance with the effluent limits set forth in the Permit. The effluent limitations specify limits on the amounts and concentrations of specified pollutants that may be discharged by the WWTP. In addition, the Permit requires that the City monitor its discharges and submit Discharge Monitoring Reports (DMRs) to MDEQ describing the results of the monitoring. EPA inspectors found, through the EPA's Integrated Compliance Information System, that the during the three-year period from January 2021 to December 2023, the City has not submitted DMRs for 27 months, and that the City exceeded: (1) the Biochemical Oxygen Demand, 5-day (BODs) limit for 3 months; (2) the total Ammonia Nitrogen limit for 3 months, and; (3) E. coli for 1 month. On April 24, 2024, EPA inspectors, accompanied by a MDEQ inspector, conducted a Compliance Evaluation Inspection (CEI) of the WWTP and determined that the City was not properly operating and maintaining its WWTP. On December 3, 2024, the EPA sent a Notice of Violations (NOV) letter to Rosedale regarding violations identified during the CEI. The NOV noted failure to report discharge monitoring reports (DMRs) and effluent limitation violations for BODs, Total Ammonia Nitrogen, and E. Coli. of the Permit. On March 14, 2025, the EPA and representatives of Rosedale held a Show Cause Meeting to discuss the exceedances of the permit effluent limitations and the failure to report the DMRs. On March 16, 2025, the operator provided two pictures of the weirs. Based on the findings outlined in the CEI report and the evidence provided by the City, the City has violated Section 301 (a) of the CWA, 33 U.S.C. 1311 (a), in that the City has discharged wastewater to the navigable waters at a location not authorized by a NPDES permit. The City violated Section 301(a) of the CWA, 33 U.S.C.1311(a), by failing to submit DMRs. The City violated Section 301(a) of the CWA, 33 U.S.C.1311(a), by failing to properly operate and maintain its WWTP. The City violated Section 301(a) of the CWA, 33 U.S.C.1311(a), by failing to notify MDEQ within twenty-four hour of noncompliance which may endanger health or the environment and for failing to report the anticipated bypasses. The City violated Section 301(a) of the CWA, 33 U.S.C. 1311(a), by failing to notify MDEQ of the additional outfall. Based on the Findings of Fact and Law, and pursuant to the authority of Section 309(a) of the CWA, 33 U.S.C. 1319(a), IT IS HEREBY ORDERED AND AGREED TO that the City shall comply with the requirements.

Defendants (1)

• THE CITY OF ROSEDALE, MISSISSIPPINamed in settlement

Facilities (1)

• ROSEDALE POTW

  D STREET, MARTIN LUTHER KING EXTENDED, ROSEDALE, MS, 38769

  Registry ID: 110008516105

Statutes cited

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

Enforcement conclusions (1)

• THE CITY OF ROSEDALE, MISSISSIPPIentered 2026-01-06

  Primary law: CWA

Timeline (2 milestones)

• 2026-01-06Final Order Issued
• 2026-02-04Enforcement Action Data Entered