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 Mark Severson, an individual located at 1795 Main Street, Lansing, Iowa, 52151, and Bruening Rock Products, Inc., a corporation doing business in Iowa, located at 900 Montgomery Street, P.O. Box 127, Decorah, Iowa, 52101, for alleged violations at 1795 Main Street, Lansing, Iowa, 52151.
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 Respondents initiated and/or authorized the discharge of fill material into “waters of the United States” without obtaining a Section 404 permit, in violation of Section 301 of the Clean Water Act, 33 U.S.C. § 1311. The EPA alleges that Respondents and/or persons acting on their behalf, using earth-moving equipment, authorized, directed the placement of, and/or placed the fill material into approximately one acre of wetland located at 1795 Main Street, Lansing, Iowa, 52151. This wetland abutted Clear Creek, a tributary to the Mississippi River. The EPA is seeking a penalty of $46,500 for these violations.
Persons wishing to comment on or participate in the proceedings must notify the Regional Hearing Clerk, in writing, pursuant to 40 CFR § 22.45, at the address provided below. The procedures by which the public may comment on or otherwise 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, or review the Complaint, should contact: Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS. Please reference Docket No. CWA-07-2018-0287. For technical questions, contact Erin Kleffner, Water Enforcement Branch, at firstname.lastname@example.org, at the above mailing address or 913-551-7921. Persons with legal questions may contact Kate Reitz, Office of Regional Counsel, at email@example.com, at the above mailing address or 913-551-7745.