UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
In accordance with Section 309(g)(4)(A) of the Clean Water Act (“CWA”), 3 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 in the form of an Expedited Settlement Agreement against Perry Reid Construction, LLC for alleged violations at The Reserve at City’s Edge located at 5725 Brady Street, Davenport, Iowa 52806.
Under Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), EPA is authorized to issue orders assessing civil penalties for various violations of the CWA. EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding. 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 EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, EPA alleges that Respondent violated the requirements of its National Pollutant Discharge Elimination System permit (Permit IA-34604-34283), in violation of Section 402 of the Clean Water Act, 33 U.S.C. § 1342. EPA alleges that Respondent failed to: (1) maintain controls in five locations, allowing the potential for sediment to leave the site and to enter the receiving stream; (2) install a velocity dissipation device at the outfall that would prevent scouring and erosion; (3) install a construction entrance to prevent track-out onto public roads; (4) practice good housekeeping measures by not covering a scrap metal pile at the northeast perimeter of the site; (5) have the Stormwater Pollution Prevention Place on site as required by the permit; and (6) have an adequate SWPPP by failing to include a schedule for implementation of BMPs. 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, Respondent will pay a civil penalty of $4,600. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.
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 email address 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 EPA’s Consolidated Rules, review the proposed Expedited Settlement Agreement, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Lisa Haugen, Regional Hearing Clerk, U.S. Environmental Protection Agency Region 7, at firstname.lastname@example.org or 913-551-7877. Please reference Docket No. CWA-07-2020-0122. For Technical questions contact Cynthia Sans, Enforcement and Compliance Assurance Division, at email@example.com or 913-551-7492. Persons with legal questions may contact Sarah Moreno, Paralegal, Office of Regional Counsel, at firstname.lastname@example.org or 913-551-7206. 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.
Enforcement and Compliance Assurance Division