News & Analysis as of

Waste Treatment Facilities NPDES

Mitchell, Williams, Selig, Gates & Woodyard,...

Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Non-Municipal Sewage...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and Faulkner County POID (“FC”) entered into a May 15 Consent Administrative Order (“CAO”) addressing violations of a Clean Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Mcrae Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of McRae, Arkansas entered into a June 4th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Landers BCO, LLC (“Landers”) entered into a May 31st Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nitrogen/Phosphorus: EarthJustice Administrative Challenge to West Point Wastewater Treatment Plant (Washington) NPDES Permit...

EarthJustice and Puget Soundkeeper (“EarthJustice”) filed a May 28th Notice of Appeal (“Notice”) before the Washington Pollution Control Hearings Board challenging a Clean Water Act National Pollutant Discharge Elimination...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Green County College...

The Arkansas Department of Energy and Environment - Division of Environmental Quality ("DEQ") and Crowleys Ridge College ("Crowleys Ridge") entered into a February 20th Consent Administrative Order ("CAO") addressing an...more

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Wastewater Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Claiborne County...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a July 13th proposed Director’s Order and Assessment (“Order”) to Kopper Glo Mining, LLC (“Kopper”). See Case No. MGR22-0118. The Order provides that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

Mintz

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the...

Mintz on

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the “functional equivalent” of a discharge to a Water of the United States requiring a NPDES permit...more

McGlinchey Stafford

PFAS and the Clean Water Act: Considerations for Wastewater Treatment Plants

McGlinchey Stafford on

The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: U.S. District Court (Hawaii) Addresses Whether Ditch/Drain Constitutes Point Source

A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Town of Wesson Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Town of Wesson, Mississippi (“Wesson”) entered into a May 5th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act National Pollutant...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. EPA Environmental Appeals Board: City of Rochester, New Hampshire, Petition for Review/Wastewater Treatment National...

The City of Rochester, New Hampshire, (“Rochester”) filed an April 19th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of City of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Beedeville...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Beedeville, Arkansas (“Beedeville”) entered into a February 16th Consent Administrative Order (“CAO”) addressing an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Authority Dixon County/Trace Creek: Harpeth Conservancy Files Petition for Appeal of Tennessee Department of Environment and...

The Southern Environmental Law Center filed on behalf of Harpeth Conservancy (“Petitioner”) a March 9th Petition for Appeal of the Tennessee Department of Environment and Conservation (“TDEC”) (“Petition”) Commissioner...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Cleveland County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Woodlawn School District #6 (“Woodlawn”) entered into a December 15th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Parkin Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the City of Parkin, Arkansas, entered into an October 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA Wastewater Treatment Unit Exemption: U.S. Environmental Protection Agency Interpretive Letter

United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery Director Carolyn Hoskinson transmitted a September 9th letter providing an interpretation of the Resource Conservation and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Final U.S. Environmental Protection Agency Region 1 NPDES General Permit (Massachusetts Facilities): PFAS Monitoring Included

Region 1 of the United States Environmental Protection Agency (“EPA”) issued on September 28th a final National Pollutant Discharge Elimination System (“NPDES”) General Permit for Medium Wastewater Treatment Facilities...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Baxter County Mobile...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Rolling Meadows MHC LLC (“Rolling Meadows”) entered into a June 23rd Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Crawford County...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Concord Water and Sewer Public Facilities Board (“Concord”) entered into an August 8th Consent Administrative Order (“CAO”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Arkansas Department of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ’) and the Arkansas Department of Corrections (“ADC”) entered into a July 22nd Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Universe of Lagoons/Analysis of State and Tribal Lagoon Wastewater Treatment Systems: U.S. Environmental Protection Agency Report

The United States Environmental Protection Agency (“EPA”) Office of Water issued a May 2022 report titled: The Universe of Lagoons: An Analysis of State and Tribal Lagoon Wastewater Treatment Systems and Socioeconomic,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act Discharge Permits: U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) Office of Enforcement and Compliance Assurance issued a March 2022 document titled: Compliance Tips for Small Wastewater Treatment Lagoons with Clean Water Act...more

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