Pretreatment/Clean Water Act Enforcement: Mississippi Commission on Environmental Quality and Verona Manufacturing Facility Enter into Agreed Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Mississippi Commission on Environmental Quality (“MCEQ”) and MTD Products Company (“MTD”) entered into a May 17th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Pretreatment Permit. See Order No. 7190 22.

The AO indicates that MTD operates a facility in Verona, Mississippi.

The facility holds Pretreatment Permit No. MSP090126.

Alleged violations of the Pretreatment Permit are stated to include:

  • Exceedance of effluent Oil and Grease concentration monthly average limitations on outfall 001 during the months of February 2021, March 2021, April 2021, June 2021, July 2021, and September 2021
  • Exceedance of Oil and Grease concentration daily maximum limitations on outfall 001 during the months of February 2021, March 2021, April 2021, June 2021, July 2021, and September 2021.
  • Report of a NODI Code E – Failed to Sample/Required Analysis not conducted, for the effluent Total Toxic Organics concentration and loading limitations on outfall 001 and 003 for the January through June 2021 monitoring period

MTD, through letters dated February 22nd and March 28th, documented corrective actions taken to address the referenced alleged violations to the Pretreatment Permit. Further, MTD indicated to MCEQ in March 28th correspondence that it has returned to compliance with the Pretreatment Permit.

The AO provides that it does not constitute an admission of liability by MTD.

A civil penalty of $8,800 is assessed.

A copy of the AO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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