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The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Eagle Ridge Utility Operating Company, LLC (“Eagle Ridge”) entered into an October 20th Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit. See LIS No. 23-083.

The CAO provides that Eagle Ridge operates a domestic wastewater treatment facility (“Facility”) in Vilonia, Arkansas.

The Facility discharges treated wastewater into an unnamed tributary of Little Palarm Creek which eventually flows into the Arkansas River. Such discharge is regulated pursuant to an NPDES permit.

Part III, Section D, Condition 10 of the NPDES permit required Eagle Ridge to submit a complete permit renewal application at least 180 days prior to the expiration date of the NPDES permit if the activity regulated is to continue after the expiration date. Eagle Ridge is stated to intend to operate the Facility beyond the expiration date of the current NPDES permit.

DEQ is stated to have received a permit renewal application from Eagle Ridge on March 21st. DEQ on March 22nd notified Eagle Ridge that the renewal application was incomplete and listed the information needed to complete the application.

A complete permit application for renewal was submitted by Eagle Ridge on May 11th.

DEQ subsequently notified Eagle Ridge that the application was determined to be administratively complete on May 11th.

Because the permit renewal application was not received by April 3rd this is stated to constitute a failure to submit the complete permit renewal application by the required date and is a violation of Part III, Section D, Condition 10 of the NPDES permit.

The CAO requires that Eagle Ridge comply with the existing permit until either the effective date of the permit renewal or the effective date of the permit termination.

A civil penalty of $1,000 is assessed.

A copy of the CAO can be downloaded here.