EPA finds Williams Creek Hatchery Violated Clean Water Act, Threatening Fort Apache Indian Waters

 U.S. EPA News Release:

EPA finds Williams Creek Hatchery Violated Clean Water Act, Threatening Fort Apache Indian Waters

U.S. Fish & Wildlife Service-owned hatchery exceeded phosphorous limit, resulting in violations

February 15, 2022

Contact Information

Joshua Alexander (alexander.joshua@epa.gov)

415-214-5940

ARIZONA - The U.S. Environmental Protection Agency (EPA) found the U.S. Fish and Wildlife Service (USFWS) violated the Clean Water Act-related permit issued for its Williams Creek National Fish Hatchery Complex. The hatchery is located on the Fort Apache Indian Reservation. The facility in question generates wastewater from fish and fish food waste, which passes through a series of sediment ponds before being discharged to Williams Creek.

The hatchery exceeded the phosphorous limit in its National Pollutant Discharge Elimination System (NPDES) permit for ten quarters over several years (2017 to present), causing it to be in significant non-compliance. The permit violations resulted in additional nutrients in Williams Creek, degrading its water quality. In addition, the facility’s failure to remove sediments from the ponds decreases the ponds’ holding capacity and risks the discharge of sediment to Williams Creek.

“EPA reached an agreement with the U.S. Fish and Wildlife Service to improve operations at its Williams Creek Fish Hatchery and reduce the amount of phosphorus discharged to Williams Creek,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Ensuring federal facilities like this Hatchery comply with the Clean Water Act is essential to protecting surface waters in Indian country.”

USFWS has agreed to complete work to address the hatchery’s phosphorous violations, as well as operations and maintenance problems, via a Federal Facility Compliance Agreement with EPA. The Agreement requires the USFWS to acquire and use a portable vacuum to remove solids from ponds used to raise fish; reduce fish density at the facility; remove excess sediment and vegetation from the sediment ponds; and conduct monthly sampling for phosphorous over the next two years.

The Williams Creek National Fish Hatchery Complex was established in 1930. There are four species of trout raised at the complex and it is the lead facility for production of Apache trout. The National Fish Hatchery System is comprised of a network of 71 hatcheries which propagate imperiled species for restoration and recovery programs, provide emergency refugia for species whose habitat is threatened, and provide fish to benefit Tribes.

This settlement furthers EPA’s National Compliance Initiative to reduce the number of U.S. facilities that are in significant non-compliance, and to improve surface water quality by ensuring dischargers comply with permit requirements.

For more information on this initiative, please visit: https://www.epa.gov/enforcement/national-compliance-initiative-reducing-significant-non-compliance-national-pollutant.

Learn more about the National Pollutant Discharge Elimination System at: https://www.epa.gov/npdes

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