AUGUST 16, 2022 - ADMINISTRATIVE ORDER ON CONSENT
On March 21, 2016, DEQ issued NPDES Permit No. MS0020915 (Permit) to Respondent for the WWTP. Under this Permit, the WWTP is pennitted to discharge pollutants from a point source into Gayden Brake Stream, a navigable water as defined in Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). The Permit became effective on March 21, 2016, and expired on February 28, 2021.
Respondent has not yet submitted an application to renew the Permit despite continuing to operate and discharge.
The EPA issued a Notice of Violation (NOV) to Respondent on March 11, 2022. On April 18, 2022, Respondent met with the EPA to discuss the violations cited in the NOV and Respondent did not dispute the findings.
Based on the findings in the NOV, review of additional information provided by DEQ, and discussions between Respondent and the EPA, the EPA determined the following:
(a) During the week of April 26, 2021, representatives of the EPA conducted an NPDES Reconnaissance Sampling Evaluation at the WWTP. The grab sample collected from effluent Outfall 001 was above the permitted effluent limitation for biochemical oxygen demand (BODs), pH, and total residual chlorine (TRC). Each effluent limit exceedance constitutes a violation of the Effluent Limitations and
Monitoring Part of the previously effective Permit. Therefore, Respondent violated Section 30l(a) of the CWA, 33 U.S.C.
? 131l(a), by discharging pollutants without authorizatio