“Respondent failed to address overgrown vegetation and trees at the Facility as required by part 6.5 of the 2016 Permit.”

💡 Overgrown vegetation can compromise lagoon liners, affect treatment efficiency, and allow animals or insects to proliferate, degrading water quality.

“Respondent failed to fix or replace a valve connecting cells 1 and 2 as required by part 6.5 of the 2016 Permit.”

💡 Valves control how wastewater flows through treatment stages, and a failed valve can stall treatment or allow higher pollutant concentrations in discharge.

“Respondent failed to keep a copy of the O&M manual as well as records of maintenance operations for the Facility.”

💡 Without maintenance manuals and records, workers have no standardized procedures and managers cannot ensure consistent, safe operations.

“A technical assistance provider helped the Respondent develop O&M manuals for the Facility, including an O&M manual for the lift station; however, the O&M manuals have not been implemented fully.”

💡 Even with outside help creating proper procedures, the utility continued to resist actually following them.

“The Facility discharges to the Hansen Drain, which is a relatively permanent tributary of the Mill Creek Drain. The Mill Creek Drain is a relatively permanent tributary of the Little Wind River. The Little Wind River is a relatively permanent tributary of the Wind River, which is a traditional navigable water.”

💡 Pollution from this lagoon directly threatens a chain of waterways protected under the Clean Water Act.

“The Act defines ‘pollutant’ to include ‘sewage . . . chemical wastes, biological materials . . . and industrial, municipal, and agricultural waste discharged into water.'”

💡 The lagoon treats exactly these types of pollutants, and failures allow them to enter waterways.

“In signing this Consent Order, Respondent neither admits nor denies the Findings in paragraphs 17 through 29, above. Without any admission of liability, Respondent consents to the issuance of this Consent Order and agrees to abide by all of its conditions.”

💡 The utility avoids acknowledging wrongdoing while agreeing to comply, a common tactic to limit legal liability.

“Respondent waives any and all remedies, claims for relief, and otherwise available rights to judicial or administrative review that Respondent may have with respect to any issue of fact or law set forth in this Consent Order.”

💡 By waiving judicial review rights, the utility cannot later challenge the violations in court.

“This Consent Order does not constitute a waiver or election by the EPA to forego any civil or criminal action to seek penalties, fines, or other relief as it may deem appropriate under the Act.”

💡 The consent order does not prevent EPA from pursuing additional financial or criminal penalties for these violations.

“Section 309(d) of the Act, 33 U.S.C. § 1319(d), authorizes civil penalties of up to $66,712 (as adjusted for inflation by 40 C.F.R. part 19) per day for each violation of the Act.”

💡 Each day of noncompliance could result in massive financial penalties, creating a strong incentive for compliance.

“Section 309(c) of the Act, 33 U.S.C. § 1319(c), authorizes fines and imprisonment for willful or negligent violations of the Act.”

💡 Beyond civil fines, individuals responsible for violations can face criminal prosecution including jail time.

“Within three months from the effective date of this Consent Order, remove overgrown vegetation and trees in accordance with part 6.6 of the 2022 Permit. Provide the EPA with the date the overgrown vegetation was removed from the lagoon dikes and photos showing corrective actions have been completed.”

💡 The utility must complete basic maintenance and document it within three months under federal oversight.

“Within three months from the effective date of this Consent Order, fix or replace the valve connecting cells 1 and 2, and provide EPA with photos showing corrective actions have been taken.”

💡 Years after inspectors found the broken valve, the utility must finally repair it within 90 days.

“On the effective date of this Consent Order, implement the O&M manuals and schedules for the Facility, including the conveyance system, in accordance with part 6.6 of the 2022 Permit.”

💡 Despite having manuals developed with outside help, the utility must now actually use them starting immediately.

“Provided logs indicating that weekly inspections are now being conducted at the facility as required by parts 4.3 of the 2016 Permit.”

💡 It took federal enforcement action to compel the utility to conduct basic weekly inspections required by their permit.