EPA Raps Violators for Stormwater, NPDES Mistakes

The U.S. Environmental Protection Agency issued administrative orders against nine entities throughout the Southeast during the last quarter of 2009 for violations of the Clean Water Act (CWA).

Six entities were cited for alleged stormwater-related violations. Four of the entities cited and their associated violations include:

  • Mississippi Department of Transportation, for violations along State Route 19 between the Lauderdale County line and State Route 492 in Collinsville, Miss.;
  • Pontotoc Union Lee Alliance, Eutlaw Construction Company, Inc. and L & T Construction, Inc., for violations along the Blue Springs Rail Spur and Blue Springs North Loop Interchange in Blue Spring, Miss.;
  • Trinity Development Group, Ltd., for violations at the Cypress Landing subdivision in Gautier, Miss.; and
  • Wrigleyville Development Company, Inc., for violations at Wrigleyville subdivision in Gulfport, Miss.
EPA is requiring these four to revise their Notice of Intent for Permit coverage, modify their Storm Water Pollution Prevention Plan, institute an inspection program, and address areas of potential discharges.

Another company, Kings Mountain Landing, Inc., was cited for alleged stormwater-related violations at Kings Mountain Landing subdivision in Lake Hartwell, Ga. EPA is requiring Kings Mountain Landing to properly design, install and maintain best management practices, conduct adequate self-inspections, monitor turbidity, and cease the discharge of off-site sediment into an unnamed tributary to Lake Hartwell.

Buchanan Lumber Mobile, Inc., was cited for alleged stormwater-related violations at its facility in Mobile, Ala. EPA is requiring the company to conduct monitoring of all discharge points and submit monitoring data to the Alabama Department of Environmental Management; develop and implement best management practices and a Spill Prevention, Control and Countermeasures Plan; institute an inspection program; and provide personnel training.

In addition, two wastewater treatment plants were cited for permit violations. Loudon Utilities in Loudon, Tenn., was cited for allowing unauthorized discharges of sewage from its wastewater collection system, known as sanitary sewer overflows (SSOs), and failure to develop and/or implement the management, operation and maintenance programs outlined in the facility's 2003 Consent Agreement with EPA. EPA is requiring the utility to eliminate SSOs by developing information management programs, tracking complaints, conducting sewer system inventories and mapping sewers, among others.

Tabor City, N.C., was cited for the discharge of pollutants from its wastewater treatment plant including mercury, nitrogen, and ammonia. Further, biological oxygen demand and residual chlorine were found to be in excess of limitations. EPA is requiring the city to submit and implement a Mercury Minimization Plan, conduct additional mercury testing and submit the results, and submit monthly Discharge Monitoring Reports of all its discharges.

Lastly, Peachy Dairy, Inc., was issued an administrative order for violations of Concentrated Animal Feeding Operations requirements of the CWA at its facility in Myakka City, Fla. The order requires Peachy Dairy to cease the improper disposal of deceased animals in order to come into compliance with the facility's approved nutrient management plan and permit. Further, Peachy Dairy is required to provide quarterly sampling reports for its waste storage pond to determine nutrient levels.

The entities cited violated the CWA by failing to meet the requirements of their National Pollutant Discharge Elimination System permits and subsequently causing point source discharges. Pollutants of concern include nutrients, sediment, oil and grease, chemicals and metals.

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