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Wastewater Enforcement: Colorado Department of Public Health and Environment Notice of Violation Addressing Conejos County Mine

The Colorado Department of Public Health and Environment (“CDPHE”) issued on April 30th a Notice of Violation/Cease and Desist Order (“NOV”) to Union Gold, Inc. (“UGI”) addressing alleged violations of the Colorado Water...more

PFAS/CERCLA: U.S. Environmental Protection Agency Enforcement Discretion and Settlement Policy

Simultaneously with the prepublication of a final rule designating two of the Per- and Polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) hazardous...more

PFOA/PFOS/CERCLA: U.S. Environmental Protection Agency Final Rule Designating as Hazardous Substances

The United States Environmental Protection Agency (“EPA”) issued a prepublication version of a Final Rule that would designate two of the Per-and polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response,...more

Plastic Pellet Free Waters Act: U.S. House of Representatives Legislation Introduced Addressing Plastic Pellets

H.R. 7634 has been introduced into the United States House of Representatives which is titled: Plastic Pellet Free Waters Act (“Act”). The Act requires that the United States...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and City of Gravette, Arkansas, entered into a February 21st Consent Administrative Order ("CAO") addressing an alleged violation of...more

Performance/Innovation in the SRF Creating Environmental Success Program: U.S. Environmental Protection Agency Recognizes Flippin,...

The United States Environmental Protection Agency (“EPA”) issued an April 3rd news release recognizing Clean Water Act state revolving fund assistance recipients for exceptional projects. The Flippin, Arkansas Wastewater...more

Climate Change in the Drinking Water/Wastewater Sectors and the Impact on Financial Resilience, Insurability, and Credit and...

The United States Environmental Protection Agency (“EPA”) has issued a report titled: Climate Change in the Drinking Water and Wastewater Sectors and the Impact on Financial Resilience, Insurability, and Credit and...more

Wastewater Enforcement: Mississippi Commission on Environmental Quality and Isola Catfish Processing Facility Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Consolidated Catfish Companies, LLC (“CCC”) entered into a December 18th Agreed Order addressing an alleged violation of a Clean Water Act National Pollutant...more

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Scoular Company (“SC”) entered into a February 27th Consent Administrative Order (“CAO”) addressing an alleged violation of a...more

Perspectives on Capacity/Managing Drinking Water State Revolving Fund Infrastructure Investment/Jobs Act Funding: U.S. EPA Office...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a February 27th report titled: Perspectives on Capacity: Managing Drinking Water State Revolving Fund Infrastructure...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Banks, Arkansas, (“Banks”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a Clean...more

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

Stormwater/Drinking Water/ Wastewater Infrastructure: U.S. Environmental Protection Agency Announces $53,099,000 funding for...

The United States Environmental Protection Agency (“EPA”) issued a February 22nd news release stating it is providing $53,099,000 to Arkansas for its Clean and Drinking Water State Revolving Funds (collectively,...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Runyan Sewer Improvement District No. 221 (“Runyan”) entered into a January 30th Consent Administrative Order (“CAO”) addressing...more

Phosphogypsum Waste/Process Wastewater/RCRA: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection...

The Center for Biological Diversity (“CBD”) sent a February 13th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) alleging a failure to perform a nondiscretionary duty under the...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Dumas, Arkansas, entered into a January 12th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Lincoln County Detention Center (“Center”) entered into a January 9th Consent Administrative Order (“CAO”) addressing alleged...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Morrilton, Arkansas, (“Morrilton”) entered into a December 12th Consent Administrative Order (“CAO”) addressing an...more

Wastewater Treatment /PCB Contamination: South Carolina Court of Appeals Addresses Insurance Coverage Issue

The Court of Appeals of South Carolina (“Court”) addressed in a January 3rd opinion an insurance coverage issue associated with a claim related to polychlorinated biphenyls (“PCBs”) deposited by a third party into a...more

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality and the City of Gosnell, Arkansas (“Gosnell”) entered into an October 16th Consent Administrative Order (“CAO”) to address an alleged...more

No-Discharge Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Denali Water Solutions, LLC (“Denali”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing alleged...more

Citizen Suit Enforcement/Clean Water Act: Federal Appellate Court Addresses Whether Pond Leakage Constitutes a Direct Discharge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more

Incident Response Guide/Water and Wastewater Sector: FBI/EPA/CISA Announce Release

Three federal agencies announced the joint production and release of a document titled: Incident Response Guide – Water and Wastewater Sector (January 2024) (“Guide”)...more

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