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, Issuance of Compliance or Corrective Action Orders, 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 City of Osceola, Iowa, a municipality in Clarke County, Iowa, that operates a wastewater treatment plant (“WWTP”) and sewage collection system, which receive wastewater from various domestic and non-domestic sources.
Under Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the Clean Water Act. The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding. Class I or Class II proceedings are conducted under EPA’s Consolidated Rules, 40 C.F.R. Part 22. In this case, the EPA is hereby providing notice of the proposed assessment of a Class I civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A). This action is being simultaneously commenced and concluded in a Consent Agreement and Final Order pursuant to Rules 22.13(b) and 22.18(b)(2) of the Consolidated Rules, 40 C.F.R. §§ 22.13(b) and 22.18(b)(2).
In this case, the EPA alleges that Respondent discharged pollutants from its WWTP into waters of the United States in violation of a CWA permit issued by the Iowa Department of Natural Resources (“IDNR”)(Permit No. IA-2038002). On September 8-14, 2014, EPA performed a sampling inspection of the City’s WWTP which documented violations of the referenced permit. The violations include violations of limits for Carbonaceous Biological Oxygen Demand (CBOD), Ammonia (NH3), and Total Suspended Solids (TSS). Additionally, EPA’s inspection also documented the violations of monitoring requirements, failure to properly implement its Pretreatment program, and 5-day Biochemical Oxygen Demand (BOD5) loading exceedances of the design capacity of the POTW.
Respondent has reached agreement with EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the proposed Consent Agreement/Final Order, the assessed civil penalty is Fourteen Thousand Four Hundred Dollars ($14,400). Respondent will pay Eight Thousand Four Hundred Dollars ($8,400) in cash, and the remainder of the civil penalty will be mitigated through performance by Respondent of a Supplemental Environmental Project. The Supplemental Environmental Project requires Respondent to expend Twenty Thousand Dollars ($20,000) for the stabilization of stream banks of the tributary into which the WWTP discharges, which in turn flows into White Breast Creek. The Respondent anticipates that the project will stabilize the stream bank and reduce downstream sedimentation. 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. 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 receive a copy of EPA’s Consolidated Rules, review the Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact the Regional Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please reference Docket No. CWA-07-2016-0013. In order to provide opportunity for public comment, EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
|Glenn Curtis for
Karen A. Flournoy
Water, Wetlands, and Pesticides Division
U.S. EPA, Region 7
The EPA is providing notice of a proposed Administrative Penalty Assessment against City of Osceola, Iowa, a municipality in Clarke County, Iowa, that operates a wastewater treatment plant and sewage collection system, which receive wastewater from various domestic and non-domestic sources.
Program/Statute: Clean Water Act (CWA)
City of Osceola, Iowa
Proposed action: Public Notice of Clean Water Act Adminstrative Penalty Settlement
Docket ID: CWA-07-2016-0013
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