EPA v. THE TOWN OF FALCON, MISSISSIPPI

Case summary

JULY 14, 2025 - ADMINISTRATIVE ORDER ON CONSENT MDEQ issued NPDES Permit No. MS0036731 (Permit) pursuant to Section 402 of the CWA, 33 U.S.C. � 1342, to the Town for the Falcon POTW with the effective date of November 30, 2020, and the expiration date of October 31, 2025. 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 Town monitor its discharges and submit Discharge Monitoring Reports (DMRs) to MDEQ describing the results of the monitoring. Section R-1 of the Permit requires the Town to maintain records of all information from each monitoring period. Section S-3 of the Permit requires the Town to submit annual Discharge Monitoring Reports. Section T-28 of the Permit requires the Town to, at all times, properly operate and maintain all facilities and systems (and related appurtenances) for collection, treatment, and control which are installed or used to achieve compliance with the terms and conditions of the Permit. EPA inspectors found, through the EPA�s Integrated Compliance Information System, that the Town has not submitted DMRs for three (3) years. On August 13, 2024, EPA inspectors, accompanied by an MDEQ inspector, conducted a Compliance Evaluation Inspection (CEI) of the WWTP and determined that the Town was not properly operating and maintaining its WWTP. Conditions at the WWTP included extensive vegetative growth, improper chlorination, and improperly contained treatment chemicals, all of which reflect a failure on the part of the Town to properly operate and maintain the WWTP. The Town violated Section 301(a) of the CWA, 33 U.S.C. � 1311(a), by failing to submit DMRs as required by Section R-1 of its Permit. The Town violated Section 301(a) of the CWA, 33 U.S.C. � 1311(a), by failing to properly operate and maintain its WWTP as required by Section T-28 of its Permit. The Town violated Section 301(a) of the CWA, 33 U.S.C. � 1311(a), by failing to maintain records of all information from each monitoring period as required by Section R-1 of its Permit.

Defendants (1)

• THE TOWN OF FALCON, MISSISSIPPINamed in settlement

Facilities (1)

• FALCON POTW

  125 NEVILS ROAD, FALCON, MS, 38628

  Registry ID: 110008515160

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE TOWN OF FALCON, MISSISSIPPIentered 2025-07-14

  Primary law: CWA

Timeline (2 milestones)

• 2025-07-14Final Order Issued
• 2025-09-11Enforcement Action Data Entered