Document QXxGGDg1mGNn34ZadrKLR0Bn6
REGION 6
DALLAS, TX 75270
September 12, 2025
TRANSMITTED VIA E-MAIL
The Honorable Shelly Horton, Jr. Town of Benton 105 Sibley Street Benton, Louisiana 71006 bentonmayor11@gmail.com
Re: Administrative Order Docket Number: CWA-06-2025-1791 Town of Benton, Palmetto Park Wastewater Treatment Plant NPDES Permit: LA0102890
Dear Mayor Horton:
Enclosed is an Administrative Order (AO) issued to the Town of Benton for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.) and the Louisiana Pollutant Discharge Elimination System (LPDES) Permit (permit) conditions. Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Palmetto Park Wastewater Treatment Plant. The violations alleged are for failure to meet permit effluent limits. The EPA requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to mcelroy.damon@epa.gov.
This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of the effective date of the AO. The Environmental Protection Agency is committed to ensuring compliance with the requirements of the NPDES program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2025-1791 and LPDES Permit Number LA0102890 on your response. If you have any questions, please contact Mr. Damon McElroy, P.E. of my staff, at (214) 665-7159 or mcelroy.damon@epa.gov.
Sincerely,
Digitally signed by CHERYL SEAGER Date: 2025.09.12 10:42:41 -05'00'
Cheryl T. Seager, Director Enforcement and Compliance Assurance Division
Docket Number: CWA-06-2025-1791
P. 2
Town of Benton, Palmetto Park Wastewater Treatment Plant
Enclosure(s)
ec: Ms. Naz Zanjani-Bachar Enforcement, LDEQ naz.zanjani-bachar@la.gov
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6
FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2025-1791; NPDES Permit Number: LA0102890
STATUTORY AUTHORITY
The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA), by Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated this authority to the Director of the Enforcement and Compliance Assurance Division.
FINDINGS
7. Section 402 of the Act, 33 U.S.C. 1342, authorizes states to request approval from EPA to administer their own permit programs for discharges into navigable waters within their jurisdiction. Pursuant to this provision, the State of Louisiana requested approval from EPA to administer its own permit program for discharges into navigable waters within Louisiana, and such approval was granted by EPA to LDEQ in August 1996. Therefore, pursuant to the State's permit program, the Louisiana Department on Environmental Quality (LDEQ) issued Louisiana Pollutant Discharge Elimination System (LPDES) permits. Violation of a LPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 1311(a).
1. The Town of Benton (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2.
2. At all times relevant to this Order (all relevant times), Respondent owned or operated the Town of Benton Wastewater Treatment Facility (facility) located at 4624 Palmetto Road, Bossier City, Louisiana 71006, Bossier Parish, and was therefore an "owner or operator" within the meaning of 40 C.F.R. 122.2.
3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge to the receiving waters named Flat River Drainage Canal, thence to Flat River, thence to Red Chute Bayou (Subsegment 100406) which are "waters of the United States" within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2.
8. Respondent applied for and was issued LPDES Permit No. LA0102890 (herein "the permit") under Section 402 of the Act, 33 U.S.C. 1342, which became effective on June 1, 2018. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the United States only in compliance with the specific terms and conditions of the permit.
9. The permit includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, to determine the facility's compliance or noncompliance with the permit and applicable regulations. The permit also requires Respondent to file with LDEQ certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Noncompliance Reports when appropriate.
4. Because Respondent owned or operated a facility that acted as a point source of discharges of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program.
10. The permit contains "Effluent Limitations and Monitoring Requirements" that place certain limitations on the quality and quantity of effluent discharged by Respondent. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference.
5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342.
12. Certified DMRs filed by Respondent with LPDES in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment B, which is incorporated herein by reference.
6. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit.
13. On December 18, 2023, EPA issued Administrative Order (AO) Docket Number CWA-06-2024-1717, which cited previous effluent limit violations from January 2020 through September 2023. The AO required Respondent to eliminate cited violations or submit a plan to eliminate violations.
Docket No. CWA-06-2025-1791 Page 2
14. On August 26, 2025, Respondent agreed to and submitted a plan of action with a schedule to bring the facility into compliance. The plan is incorporated into this Order below.
15. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit is a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311.
SECTION 309(a)(3) COMPLIANCE ORDER
16. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action:
I certify under penalty of law that I have examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment.
D. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email, to the following:
Mr. Damon McElroy, P.E. mcelroy.damon@epa.gov
A. Respondent shall complete the following Schedule of Activities Table to achieve compliance with the requirements of the Permit and the Act.
Schedule of Activities Table:
Town of Benton Palmetto Park WWTP new connection to "North WWTP" Project to achieve LA0102890 compliance
Project Activity
Award Contract Complete project construction Submit final Sanitary Sewer compliance report and achieve Permit compliance
Completion Date January 2026 February 2027
June 2027
B. In addition to the Project Reports specified in the table above, within forty-five (45) days after the completion date for each Project Activity, Respondent shall submit a Project Completion Report to EPA outlining the project status that shall contain the following information:
1) a detailed description of the Project as implemented;
2) certification that the Project has been fully implemented pursuant to the provisions of this Order; and,
3) explanation for delays, if applicable, and proposed remedial actions.
C. In the Project Completion Report submitted to EPA pursuant to this Order, Respondent shall, by its officers, sign and certify under penalty of law that the information contained in such report is true, accurate, and not misleading by signing the following statement:
GENERAL PROVISIONS
Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706.
Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate.
Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in further administrative action, or a civil judicial action initiated by the United States Department of Justice.
This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with any applicable federal, state, or local law or regulation.
The effective date of this Order is the date it is received by Respondent.
Digitally signed by CHERYL SEAGER Date: 2025.09.12 10:36:53 -05'00'
Cheryl T. Seager, Director Enforcement and Compliance Assurance Division
Attachment A - Effluent Limitations
Town of Benton Palmetto Park WWTP NPDES Number LA0102890
Effluent Characteristics
Ammonia Nitrogen, Total, (N)
Carbonaceous Biochemical Oxygen
Demand, 5 Day (CBOD)
Fecal Coliform
Total Suspended Solids, (TSS)
Discharge Limitations for Outfall 001
Loading
(lbs/day)
30-Day Avg.
7-Day Avg.
Concentration (mg/l), unless noted
30-Day Avg. 7-Day Avg. Daily Max.
17
N/A
5
10
N/A
33
N/A
10
15
N/A
N/A
200
400
N/A
Col/100 ml Col/100 ml
50
N/A
15
23
N/A
Attachment B
Town of Benton Wastewater Treatment Facility Permit LA0102890
Effluent Violations Table:
Monitoring Period End Date
Parameter Desc
09/30/2023 09/30/2023 09/30/2023 09/30/2023 09/30/2023 09/30/2023 09/30/2023 09/30/2023 09/30/2023 10/31/2023 10/31/2023 10/31/2023 11/30/2023 11/30/2023 11/30/2023 12/31/2023 12/31/2023 12/31/2023 12/31/2023 12/31/2023 12/31/2023 01/31/2024 01/31/2024 01/31/2024 01/31/2024 02/29/2024 03/31/2024 03/31/2024 03/31/2024 03/31/2024 03/31/2024 03/31/2024 03/31/2024 04/30/2024 04/30/2024
BOD, carbonaceous Coliform, fecal Coliform, fecal Total Suspended Solids Total Suspended Solids Total Suspended Solids Ammonia Nitrogen Ammonia Nitrogen Ammonia Nitrogen Coliform, fecal Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids BOD, carbonaceous Total Suspended Solids Total Suspended Solids Ammonia Nitrogen Ammonia Nitrogen Ammonia Nitrogen BOD, carbonaceous Total Suspended Solids Total Suspended Solids Total Suspended Solids Total Suspended Solids BOD, carbonaceous BOD, carbonaceous Total Suspended Solids Total Suspended Solids Ammonia Nitrogen Ammonia Nitrogen Ammonia Nitrogen BOD, carbonaceous Coliform, fecal general
Limit Parameter
Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Wkly. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Wkly. Avg.
Limit Unit
Limit Value
lb/d
33
#/100mL 200
#/100mL 400
lb/d
50
mg/L
15
mg/L
23
lb/d
17
mg/L
5
mg/L
10
#/100mL 400
mg/L
15
mg/L
23
lb/d
50
mg/L
15
mg/L
23
mg/L
10
mg/L
15
mg/L
23
lb/d
17
mg/L
5
mg/L
10
mg/L
10
lb/d
50
mg/L
15
mg/L
23
mg/L
15
mg/L
10
mg/L
15
mg/L
15
mg/L
23
lb/d
17
mg/L
5
mg/L
10
mg/L
10
#/100mL 400
DMR Value
37.5 3700 8560 98.8 25 24.4 35.6 20.9 20.9 752 23.7 24.9 114 31.6 33.4 13 41.7 44 29.9 15.8 15.8 10.8 64.1 29.5 28.3 18.2 16.4 16.5 38.9 38 22.9 12.6 12.6 14 556
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Monitoring Period End Date
04/30/2024 04/30/2024 04/30/2024 05/31/2024 05/31/2024 05/31/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 07/31/2024 08/31/2024 08/31/2024 09/30/2024 09/30/2024 09/30/2024 12/31/2024 12/31/2024 12/31/2024 12/31/2024 03/31/2025 03/31/2025 03/31/2025 03/31/2025 03/31/2025 03/31/2025 03/31/2025 03/31/2025 04/30/2025 04/30/2025 04/30/2025 04/30/2025 06/30/2025
Parameter Desc
Total Suspended Solids Total Suspended Solids Total Suspended Solids BOD, carbonaceous Solids, total suspended Solids, total suspended BOD, carbonaceous Total Suspended Solids Ammonia Nitrogen Ammonia Nitrogen Total Suspended Solids BOD, carbonaceous BOD, carbonaceous Ammonia Nitrogen Ammonia Nitrogen Ammonia Nitrogen Solids, total suspended Ammonia Nitrogen Ammonia Nitrogen Ammonia Nitrogen BOD, carbonaceous BOD, carbonaceous BOD, carbonaceous Solids, total suspended Solids, total suspended Ammonia Nitrogen Ammonia Nitrogen Ammonia Nitrogen BOD, carbonaceous BOD, carbonaceous Solids, total suspended Solids, total suspended Ammonia Nitrogen
Limit Parameter
Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Wkly. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg. Mo. Avg.
Limit Unit
lb/d mg/L mg/L mg/L mg/L mg/L mg/L mg/L lb/d mg/L mg/L lb/d mg/L lb/d mg/L mg/L lb/d lb/d mg/L mg/L lb/d mg/L mg/L lb/d mg/L lb/d mg/L mg/L lb/d mg/L lb/d mg/L mg/L
Limit Value
50 15 23 10 15 23 10 15 17 5 15 33 10 17 5 10 50 17 5 10 33 10 15 50 15 17 5 10 33 10 50 15 5
DMR Value
73.5 34.3 34.4 11.5 35.2 34.6 10.8 19 19.6 8.89 18.4 37.8 10.8 42.4 18.6 18.6 55.3 13 23.1 23.1 55.2 12.2 16.6 66.6 17.8 29.1 23 23 50.7 10.5 94.6 27.7 6.37
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