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 Department of Transportation, a state agency with its primary office located at 800 Lincoln Way, Ames, Iowa 50010, for alleged violations at two roadway construction project sites located at: 1) the intersection of Alice’s Road Project at 105th St. and I-80 in Waukee and West Des Moines, Iowa; and 2) the I-29/I-80 Bridge Reconstruction Project in Council Bluffs, Iowa.
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. The EPA 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 the terms and conditions of Iowa NPDES General Permit No. 2 regulating stormwater discharges associated with construction activities at the construction project sites identified above, Permit Nos. 26490-26249 and 21642-21409, respectively, and discharged non-stormwater pollutants into the waters of the United States, in violation of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. §§ 1311 and 1342. The EPA alleges that Respondent failed to implement its storm water pollution prevention plan (“SWPPP”) at the two construction project sites, failed to amend its SWPPPs following site inspections that identified changes to each construction project site, failed to conduct adequate inspections and maintain required records, and discharged non-stormwater pollutants to waters of the United States, including Sugar Creek, Fox Creek and the Missouri River. 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 $155,000. 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 Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219. Please reference Docket No. CWA-07-2018-0024. For Technical questions contact Cynthia Sans, Water Enforcement Branch, at firstname.lastname@example.org, at the above mailing address or 913-551-7492. Persons with legal questions may contact Patricia Gillispie Miller, Office of Regional Counsel, at email@example.com, at the above mailing address or 913-551-7283. 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.