EPA proposes settlement for tribal utility’s unpermitted discharges

The U.S. Environmental Protection Agency (EPA) has announced a proposed Clean Water Act settlement with the tribal utility Two Medicine Water Company for alleged unpermitted discharges.

The settlement would require the company to pay a $40,000 penalty for unpermitted discharges and past violations of water discharge permits at two facilities: the Browning Lagoon Wastewater Treatment Facility and the Two Medicine Water Treatment Plant on the Blackfeet Indian Reservation in Montana.

EPA and the company reached the proposed penalty agreement to address the company’s alleged past violations at its two treatment facilities. EPA says that these violations included unpermitted discharges of pollutants to surface waters, including a tributary of Willow Creek and a tributary of Two Medicine River, and the failure to complete required monitoring, reporting, and facility operations and maintenance activities.

Two Medicine Water Company has taken steps to remedy past violations, including obtaining discharge permits for both facilities and submitting documentation of required weekly inspections and monitoring conducted by the company.

The penalty amount was determined using factors in the Clean Water Act for the extent and severity of violations, among others, and it accounts for the company’s financial ability to pay.

The Clean Water Act prohibits the discharge of pollutants into waters of the U.S. without a permit. These permits establish specific limits for pollutants and other requirements, such as monitoring and reporting, to ensure that discharges do not impact water quality, aquatic life, or human health.

The proposed agreement is subject to a 30-day public comment period and final approval by the EPA’s Regional Judicial Officer. The public comment period runs from Dec. 20, 2022 through Jan. 19, 2023.