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

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The Tennessee Department of Environment and Conservation (“TDEC”) issued a February 26th Director’s Order and Assessment (“Order”) to the City of Lewisburg, Tennessee (“City”) for alleged violations of a National Pollution Discharge Elimination System (“NPDES”) permit. See Case No. WPC20-0016.

The Order states that the City operates a publicly-owned wastewater treatment plant in Marshall County, Tennessee.

The City is stated to have been issued a NPDES permit authorizing the discharge of municipal water to Big Rock Creek in accordance with all effluent limitations and monitoring report requirements in that document. It is alleged that the City has appeared on the United States Environmental Protection Agency Quarterly Non-Compliance Report in multiple quarters for effluent limitation exceedances. The time periods for such alleged exceedances are February 1, 2018-January 31, 2020.

Parameters allegedly exceeded include:

  • Chlorine, total residual
  • E. coli
  • Nitrogen, ammonia total
  • Nitrogen, total
  • Phosphorus, total
  • Solids, settleable

The Order assesses a $4,270 penalty.

Further, the Order requires that the City submit a Corrective Action Plan/Engineering Report no later than 30 days after receipt of the Order addressing how the effluent limitation exceedances will be eliminated. A timeline and Schedule for Corrective Actions is required.

Additional requirements include:

  • A detailed study evaluation to be completed after all corrective action measures are implemented
  • A final report after the completion of the relevant activities
  • Achievement of substantial compliance with the NPDES permit by a date specified in the document

The City is provided certain appeal rights.

A copy of the Order can be downloaded here.