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The Arkansas Division of Environmental Quality (“DEQ”) and the City of Bethel Heights, Arkansas (“Bethel Heights”) entered into an October 16th Consent Administrative Order (“CAO”) addressing alleged violations of a No-Discharge Permit issued pursuant to the authority of Arkansas Pollution Control and Ecology Commission Regulation No. 17 (Arkansas Underground Injection Control Code). See LIS No. 19-070.
Bethel Heights is stated to operate a decentralized wastewater treatment system (“System”) pursuant to a No-Discharge Permit (4725-WR-5).
The No-Discharge Permit addresses treatment systems that include drip irrigation dispersal fields.
DEQ issued an August 16th Notice of Violation (“NOV”) alleging violations of the No-Discharge Permit. Bethel Heights filed a response to the NOV. Subsequently a number of individuals who describe themselves as property owners adjoining the Bethel Heights wastewater facility petitioned to intervene, which was granted.
Issues addressed by the CAO include:
- Alleged inspection violations (February 4th DEQ reconnaissance inspection)
- Alleged reported violations
- Sampling investigation
- Alleged failure to report permit violations
- Submission of Corrective Action Plan
- Notice of Violation
The Order and Agreement section of the CAO addresses/requires:
- Ceasing use of chemicals for wastewater treatment that are not authorized by the Permit
- Undertake measures necessary to prevent pooling, ponding, or surfacing in the System
- Monthly Monitoring Reports
- Weekly Reports
- Monthly on-site Engineering Inspections
- Submission of a Facility Plan
- Interim measures for operation
- Final closure
The CAO assesses a civil penalty of $101,200. However, $81,200 is conditionally suspended if Bethel Heights fully complies with the CAO.
A copy of the CAO can be downloaded here.
