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Wastewater Enforcement: Louisiana Department of Environmental Quality and Arabi Cane Sugar Refinery Facility Enter into Settlement | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Louisiana Department of Environmental Quality (“LDEQ”) and American Sugar Refining, Inc., (“ASRI”) entered into an April 14th Settlement addressing alleged violations of a Louisiana Pollutant Discharge Elimination System (“LPDES”) permit. See Docket Nos. 2018-7981-DEQ, 2020-5076-DEQ. The Settlement provides that ASRI owns and/or operates a crystalline cane sugar refinery facility (“Facility”) located in Arabi, Louisiana. LDEQ is stated to have issued to ASRI the following: On September 20, 2017, a Consolidated Compliance Order & Notice of Potential Penalty, Enforcement No. WE-CN-17-00018 On January 25, 2019, a Consolidated Compliance Order & Notice of Potential Penalty, Enforcement No. WE-CN-18-00625 The alleged violations are stated to be included within the scope of the Settlement.

EPA Enforcement Policies Prioritize Environmental Justice

Monday, May 10, 2021 The Biden Administration’s enforcement priorities began to take shape last week, as the US Environmental Protection Agency’s (EPA) enforcement arm issued a pair of memoranda encouraging the use of certain tools in civil enforcement and settlements and for prioritizing enforcement efforts in environmental justice communities. Lawrence E. Starfield, a senior career EPA official currently serving as Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA), issued both memoranda. The memos demonstrate a concrete shift in EPA’s enforcement philosophy doubling down on Next Generation or “NextGen” compliance tools and Supplemental Environmental Projects (SEPs), and focusing on environmental justice under the new administration. The specific ways in which EPA enforcement staff will carry out these policies are not yet known and will develop over time, but it is important for regulated entities to be aware of,

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Magazine Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Magazine, Arkansas, (“Magazine”) entered into a February 10th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 21-016. The CAO provides that Magazine operates a wastewater treatment plant (“Facility”) in Logan County, Arkansas. The Facility is stated to discharge treated wastewater to an unnamed tributary that eventually flows to the Arkansas River. Such discharge is regulated pursuant to an NPDES permit. DEQ is stated to have sent Magazine on June 14, 2017, correspondence referencing repeated violations of the permitted effluent limits for total ammonia nitrogen. The letter requested a Corrective Action Plan (“CAP”) for such alleged violations. The CAP is stated to have required a milestone schedule, final date of compliance, and c

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Sparkman Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Sparkman Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P L L C
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Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Regional Water District Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Arkansas Department of Energy and Environment – Division of Environmental Quality and Tri County Regional Water Distribution District (“Tri County”) entered into a February 3rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act National Pollution Discharge Elimination System (“NPDES”) permit. See LIS No. 21-012. The CAO provides that Tri County operates a municipal wastewater treatment plant (“Facility”) located in Yell County, Arkansas. The Facility is stated to discharge treated wastewater to Sally Spring Branch which eventually flows to the Arkansas River. Such discharge is regulated pursuant to an NPDES permit. DEQ is stated to have conducted a review of certified Discharge Monitoring Reports (“DMRs”) submitted by Tri County. The review is stated to have indicated alleged violations of the permitted effluent discharge limits detailed in Part I, Section A of the Permit from June 1, 2017, through October 30, 2020, wh

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