Wastewater Enforcement: Arkansas Department of Environmental Quality and Hot Springs, Arkansas Wastewater Treatment Plant Operator Enter into Consent Administrative Order

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

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

Download PDF

The Arkansas Department of Environmental Quality (“ADEQ”) and Westwood Village Sewer Facilities Board (“Board”) entered into an October 23rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 17-084.

The CAO provides that the Board operates a wastewater treatment plant (“Facility”) in Hot Springs, Arkansas.

The Facility discharges treated wastewater to Lake Hamilton and eventually to Segment 2F of the Ouachita River Basin. Such discharge is authorized pursuant to an NPDES permit.

ADEQ is stated to have sent a September 28, 2015, letter to the Board addressing a deficient Discharge Monitoring Report (“DMR”) and a Non-Compliance Report (“NCR”) for the reporting period August 31, 2015. The Board submitted the DMRs and NCRs to ADEQ on October 11, 2016.

On October 11, 2016, ADEQ and the Board are stated to have addressed the Facility’s effluent violations, Sanitary Sewer Overflow (“SSO”) violations and previous CAOs. This discussion included the Board’s planned efforts to bring the Facility into compliance with NPDES permit limits.

ADEQ is stated to have conducted a review of the Facility’s DMRs on October 21, 2016. The agency’s review allegedly identified violations of the permitted effluent discharge limits from August 1, 2014 through July 31, 2017 which included:

  1. Twenty-eight (28) violations for Carbonaceous Biochemical Oxygen Demand (CBOD5)
  2. Thirty-one (31) violations for Fecal Coliform Bacteria
  3. Thirty-two (32) violations for Ammonia Nitrogen (NH3-N)
  4. One (1) violation for Dissolved Oxygen
  5. Two (2) violations for pH
  6. Thirty (30) violations for Total Suspended Solids

ADEQ is stated to have conducted a review of the SSO reports submitted by the Facility for the period January 1, 2013 through October 31, 2016. This review allegedly indicated that the Facility reported six SSOs totaling more than 50,650 gallons.

ADEQ requested through a November 2, 2016, letter that the Board consult with a Professional Engineer (“PE”) to develop a new Corrective Action Plan (“CAP”) to address effluent and SSO violations. The CAP provided to ADEQ is stated to have lacked a comprehensive discussion of effluent violations over the past three years, a milestone schedule, and a proposed final compliance date for the project to meet permit limit requirements.

A revised CAP was provided to ADEQ on February 8, 2017 and subsequently approved by the agency. The revised CAP has a final compliance date of December 31, 2018.

The CAO provides that upon the effective date of the document, the CAP, milestone schedule, and final compliance date of December 31, 2018 are enforceable as terms of the CAO. Further, within 30 days of the effective date of the CAO, and each quarter thereafter for a period lasting until the CAO is closed, the Facility is required to submit quarterly progress reports detailing the progress made toward correcting the violations alleged in the Findings of Fact.

On or before January 31, 2019, the Board is required to provide written certification to ADEQ that the violations in the alleged Findings of Fact have been corrected and the Facility is in compliance with the requirements of its permit as of December 31, 2018.

A civil penalty of $3,950 is assessed.

A copy of the CAO can be downloaded here.

Written by:

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

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

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.