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 Iowa City Ready Mix, Inc., for alleged violations at a facility located at 1854 South Riverside, Iowa City, Iowa 52244 (“facility”). The facility produces and transports ready mixed concrete to commercial and residential customers in the Iowa City area.  The main source of pollutants in stormwater runoff from the facility was from truck washout and excess water draining from the mixing trucks during loadout.

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 hereby provides notice of the proposed assessment of a Class II civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A).  Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent violated Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311 and 1342, and regulations promulgated thereunder, including Section 402(p) of the CWA, the EPA promulgated regulations setting forth the NPDES permit requirements for stormwater discharges at 40 C.F.R. § 122.26, the facility’s National Pollutant Discharge Elimination System (“NPDES”) Permit (Permit No. IA0070327), and authorizations under Iowa’s general industrial stormwater permit (General Permit No. 3). The EPA alleges Respondent discharged wastewater from concrete truck washout from several locations at the Facility into the Iowa River (Count 1).  Secondly, EPA alleges that from at least September 2011 through September 2015, Respondent failed to develop and implement a Stormwater Pollution Prevention Plan (SWPPP) for the facility, in violation of Part III.C.1 of General Permit No. 3 (Count 2).  Third, EPA alleges Respondent failed to implement adequate control measures at several process areas at the facility, in violation of Part III.C.4.B of General Permit No. 3 (Count 3).  Lastly, EPA alleges that Respondent failed to conduct inspections and properly monitor discharges at the facility, in violation of Part III.C.4.C and V.B.2.B of General Permit No. 3 (Counts 4 and 5).

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 civil penalty of $78,000.  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 at the address provided below.  The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II 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 Kathy Robinson, Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219.  Please reference Docket No. CWA-07-2017-0033.  For Technical questions contact Stephen Pollard, Compliance Offer, Water Enforcement Branch, at pollard.stephen@epa.gov, at the above mailing address or 913-551-7582.  Persons with legal questions may contact Howard Bunch, Office of Regional Counsel, at bunch.howard@epa.gov at the above mailing address or 913-551-7879.  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.