Summary

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

In accordance with Section 309(g)(4)(A) of the Clean Water Act (“CWA”), 33 U.S.C. 1319(g)(4)(A), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against Bush Construction Company, Inc. (“Respondent”), whose business is located at 5401 Victory Ave., Davenport, Iowa, for alleged violations at a construction site for the Bettendorf School District’s Mark Twain School located at 1620 Lincoln Rd., Bettendorf, Iowa.

Under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA.  The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding.  The EPA provides notice of the proposed assessment of a Class I civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A).  Class I proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent violated the requirements of its National Pollutant Discharge Elimination System general permit for stormwater discharges associated with construction activity, General Permit #2 (IA-33883-33579), in violation of Section 402(p) of the CWA, 33 U.S.C. § 1342(p).  The EPA alleges that Respondent failed to develop and implement effective stormwater controls, failed to include all required information in its stormwater pollution prevention plan (SWPPP), and failed to minimize contributions of pollutants in stormwater discharges.  Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter.  Under the proposed Consent Agreement/Final Order, Respondent will pay a mitigated civil penalty of $10,570.  Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.

The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice.  All such comments shall be submitted to the Regional Hearing Clerk using the contact information provided below.  The procedures by which the public may submit written comments on a proposed Class I order or participate in a Class I proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules.

Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk by email at R7_Hearing_Clerk_Filings@epa.gov or 913-551-7972.  Please reference Docket No. CWA-07-2020-0188.  For Technical questions contact Stephen Pollard, Enforcement and Compliance Assurance Division, at pollard.stephen@epa.gov, at the above mailing address or 913-551-7921.  Persons with legal questions may contact Dan Breedlove, Office of Regional Counsel, at breedlove.dan@epa.gov, at the above mailing address or 913-551-7172.  In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.