1 of 1 DOCUMENT. Enforcement Tracking No. WE-C , Agency Interest No Louisiana Department of Environmental Quality

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1 Page 1 1 of 1 DOCUMENT IN THE MATTER OF TOWN OF CAMPTI, NATCHITOCHES PARISH, ALT ID NO. LA , PROCEEDINGS UNDER THE LOUISIANA, ENVIRONMENTAL QUALITY ACT, La. R.S. 30:2001, ET SEQ. Enforcement Tracking No. WE-C , Agency Interest No Louisiana Department of Environmental Quality 2012 La. ENV LEXIS 22 May 3, 2012, Decided CORE TERMS: monitoring, annual, effluent, submitting, inspection, dollars, expiration date, disputed issue, written report, material fact, continuous, civil penalties, five hundred, et seq, adjudicatory hearing, necessary to achieve, renewal application, comprehensive plan, effective date, timely manner, final action, elimination, noncomplying, unauthorized, achievement, expeditious, prevention, exceedances, corrective, effective FINAL-DEC-BY: [*1] NOLAN FINAL-DECISION: Cheryl Sonnier Nolan, Assistant Secretary, Office of Environmental Compliance COMPLIANCE ORDER The following COMPLIANCE ORDER is issued to the TOWN OF CAMPTI (RESPONDENT) by the Louisiana Department of Environmental Quality (the Department), under the authority granted by the Louisiana Environmental Quality Act (the Act), La. R.S. 30:2001, et seq., and particularly by La. R.S. 30:2025(C), 30: and 30:2050.3(B). FINDINGS OF FACT I. The Respondent owns and/or operates a two (2) cell oxidation pond which is located on Campti Bayou Road, in Campti, Natchitoches Parish, Louisiana. The Respondent was issued Louisiana Pollutant Discharge Elimination System (LPDES) permit LA on or about July 15, 2005, with an effective date of August 1, 2005, and an expiration date of July 31, The Respondent submitted a permit renewal application to the Department on or about June 23, 2010, and the permit was administratively continued, The Respondent was reissued (LPDES) permit LA on or about [*2] February 16, 2011, with an effective date of April 1, 2011, and an expiration date of March 31, Under the terms and conditions of LPDES permit LA , the Respondent is authorized to discharge treated sanitary wastewater into the Red River, waters of the state. II. The Respondent was issued COMPLIANCE ORDER & NOTICE OF POTENTIAL PENALTY WE-CN on or about May 25, 2000, for the following violations: A. Effluent exceedances; B. Failure to submit Discharge Monitoring Reports (DMRs); C. Failure to submit analytical results on a DMR; and D. Failure to submit non-compliance reports (NCRs). The relevant requirements of the COMPLIANCE ORDER were:

2 Page 2 A. To immediately take, upon receipt of the COMPLIANCE ORDER, any and all steps necessary to cease any and all unauthorized discharges to waters of the state including, but not limited to, achieving and maintaining compliance with permit limitations and conditions contained in LPDES permit LA B. To submit, within thirty (30) days after receipt of the COMPLIANCE ORDER, a comprehensive plan for the expeditious elimination and prevention of noncomplying discharges. The plan was to provide for specific corrective [*3] actions taken and to include a critical path schedule for the achievement of compliance within the shortest time possible. C. To submit to the Enforcement Division, within thirty (30) days after receipt of the COMPLIANCE ORDER, a complete written report that included a detailed description of the circumstances of the cited violations and the actions taken to achieve compliance with the COMPLIANCE ORDER. The Respondent submitted written responses on or about August 21, 2000, and October 18, CONSOLI- DATED COMPLIANCE ORDER & NOTICE OF POTENTIAL PENALTY WE-CN is a final action of the Department and not subject to further review. III. The Respondent was issued COMPLIANCE ORDER & NOTICE OF POTENTIAL PENALTY WE-CN on or about May 13, 2010, for the following violations: A. Failure to properly operate and maintain the facility; B. Failure to install a continuous recorder; C. Effluent exceedances; D. Failure to submit NCRs; E. Failure to sample; F. Failure to measure effluent flow: G. Failure to certify DMRs; H. Failure to submit DMRs in a timely manner; I. Failure to submit complete and accurate DMRs; J. Failure to submit DMRs; K. Unauthorized discharge; [*4] L. Failure to notify the Department of a by-pass event; M. Failure to report sewage overflows; N. Failure to measure flow data on a continuous basis; 0. Failure to follow approved test methods; and P. Failure to submit a permit renewal application 180 prior to the expiration date of the LPDES pe The relevant requirements of the COMPLIANCE ORDER were: A, To immediately take, upon receipt of the COMPLIANCE ORDER, any and all steps necessary to achieve and maintain compliance with LPDES permit LA and the Water Quality Regulations including, but not limited to, properly operating and maintaining the facility, installing a continuous recorder to measure flow data in accordance with the permit, complying with all effluent limitations, submitting NCRs, sampling and monitoring in accordance with the permit, submitting complete and accurate DMRs in a timely manner, reporting overflows, and following approved test methods. B. To submit to the Enforcement Division, within thirty (30) days after receipt of the COMPLIANCE ORDER, properly completed DMRs for the monitoring periods mentioned in Paragraph XIII of the Findings of Fact portion of the Order. C. To submit, within [*5] thirty (30) days after receipt of the COMPLIANCE ORDER, a comprehensive plan for the expeditious elimination and prevention of noncomplying discharges. The plan was to provide for specific corrective actions taken and to include a critical path schedule for the achievement of compliance within the shortest time possible. D. To submit to the Enforcement Division, within thirty (30) days after receipt of the COMPLIANCE ORDER, a complete written report that included a detailed description of the circumstances of the cited violations and the actions taken to achieve compliance with the COMPLIANCE ORDER. The Respondent submitted written responses on or about March 7, 2011, and May 26, CONSOLIDATED COMPLIANCE ORDER & NOTICE OF POTENTIAL PENALTY WE-CN is a final action of the Department and not subject to further review.

3 Page 3 An inspection conducted by the Department on or about September 30, 2010, and a subsequent file review conducted by the Department on or about February 1, 2012, revealed that the Respondent failed to submit monthly DMRs to the Department as required by the permit for the monitoring periods of January, February, April, May, June, September, [*6] October, November, and December of 2010; and January, February, May, June, July, August, and September of Each failure to submit a DMR is a violation of COMPLIANCE ORDER & NOTICE OF POTEN- TIAL PENALTY WE-CN , LPDES permit LA (Part II, Section A.10 prior to April 1, 2011 and Section A.9 after April 1, 2011; and Part III, Sections A.2 and D.4), La. R.S. 30:2076 (A)(3), and LAC 33:IX.2701.L.4. V. An inspection conducted by the Department on or about September 30, 2010, revealed that the Respondent failed to complete annual Environmental Audit Reports. Specifically, at the time of the inspection, the Respondent had not completed any annual Environmental Audit Reports since LPDES permit LA became effective on August 1, Each failure to complete an annual Environmental Audit Report is a violation of LPDES permit LA (Part II, Section B. 1; and Part III, Section A.2), La. R.S. 30:2076 (A)(3), and LAC 33:IX.501.A. COMPLIANCE ORDER Based on the foregoing, the Respondent is hereby ordered [*7] : To immediately take, upon receipt of this COMPLIANCE ORDER, any and all steps necessary to achieve and maintain compliance with LPDES permit LA and the Water Quality Regulations including, but not limited to, submitting DMRs and completing the annual Environmental Audit Report. II. To submit to the Enforcement Division, within thirty (30) days after receipt of this COMPLIANCE ORDER, properly completed DMRs for the monitoring periods mentioned in Paragraph IV of the Findings of Fact portion of this Order. If you are submitting copies of DMRs, please be advised that each copy of the DMR shall be signed and dated with an original signature. If no sampling or monitoring was conducted during a monitoring period, the Respondent should indicate this in the space provided for "Comment and Explanation of Any Violations." III. To contact the Enforcement Division, within thirty (30) days after receipt of this COMPLIANCE ORDER, to schedule a meeting to discuss the compliance status of the facility. Please contact Bernie Boyett at (225) or Bernie.Boyett@la gov. To submit to the Enforcement Division, within thirty (30) days after receipt of this COMPLIANCE [*8] OR- DER, a written report that includes a detailed description of the circumstances surrounding the cited violations and actions taken or to be taken to achieve compliance with the Order Portion of this COMPLIANCE ORDER. This report and all other reports or information required to be submitted to the Enforcement Division by this COMPLIANCE ORDER shall be submitted to: Office of Environmental Compliance Post Office Box 4312 Baton Rouge, Louisiana Attention: Bernie Boyett Enforcement Tracking No. WE-C Agency Interest No THE RESPONDENT SHALL FURTHER BE ON NOTICE THAT: I.

4 Page 4 The Respondent has a right to an adjudicatory hearing on a disputed issue of material fact or of law arising from this COMPLIANCE ORDER. This right may be exercised by filing a written request with the Secretary no later than thirty (30) days after receipt of this COMPLIANCE ORDER. The request for an adjudicatory hearing shall specify the provisions of the COMPLIANCE ORDER on which the hearing is requested and shall briefly describe the basis for the request. This request should reference the Enforcement Tracking Number and Agency Interest [*9] Number, which are located in the upper right-hand corner of the first page of this document and should be directed to the following: HI. Department of Environmental Quality Office of the Secretary Post Office Box 4302 Baton Rouge, Louisiana Attn: Hearings Clerk, Legal Division Re: Enforcement Tracking No. WE-C Agency Interest No Upon the Respondent's timely filing a request for a hearing, a hearing on the disputed issue of material fact or of law regarding this COMPLIANCE ORDER may be scheduled by the Secretary of the Department. The hearing shall be governed by the Act, the Administrative Procedure Act (La. R.S. 49:950, et seq.), and the Department's Rules of Procedure. The Department may amend or supplement this COMPLIANCE ORDER prior to the hearing, after providing sufficient notice and an opportunity for the preparation of a defense for the hearing. This COMPLIANCE ORDER shall become a final enforcement action unless the request for hearing is timely filed. Failure to timely request a hearing constitutes a waiver of the Respondent's right to a hearing on a disputed issue [*10] of material fact or of law under Section of the Act for the violation(s) described herein. V. The Respondent's failure to request a hearing or to file an appeal or the Respondent's withdrawal of a request for hearing on this COMPLIANCE ORDER shall not preclude the Respondent from contesting the findings of facts in any subsequent penalty action addressing the same violation(s), although the Respondent is stopped from objecting to this COMPLIANCE ORDER becoming a permanent part of its compliance history. VI. Civil penalties of not more than twenty-seven thousand five hundred dollars ($ 27,500) for each day of violation for the violation(s) described herein may be assessed. For violations which occurred on August 15, 2004, or after, civil penalties of not more that thirty-two thousand five hundred dollars ($ 32,500) may be assessed for each day of violation. The Respondent's failure or refusal to comply with this COMPLIANCE ORDER and the provisions herein will subject the Respondent to possible enforcement procedures under La. R.S. 30:2025, which could result in the assessment of a civil penalty in an amount of not more than [*1 I] fifty thousand dollars ($ 50,000) for each day of continued violation or noncompliance. VII. For each violation described herein, the Department reserves the right to seek civil penalties in any mariner allowed by law, and nothing herein shall be construed to preclude the right to seek such penalties. VIII. This COMPLIANCE ORDER is effective upon receipt. Legal Topics:

5 Page 5 For related research and practice materials, see the following legal topics: Environmental LawWater QualityClean Water ActDischarge PermitsEffluent LimitationsEnvironmental LawWater QualityClean Water ActEnforcementGeneral OverviewReal Property LawZoning & Land UseComprehensive Plans