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 Tony L. Brown and Joshua A. Brown, doing business as Riverview Cattle, located in Emmet County, Iowa, for alleged violations at their concentrated animal feeding operation located at 1893 570th Avenue Armstrong, 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 Respondents discharged feedlot-related pollutants into the waters of the United States, in violation of Section 301 of the Clean Water Act, 33 U.S.C. § and 1311. The EPA is seeking a penalty of up to $96,000 for these violations.
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. All comments received within this 30-day period will be considered in the formulation of the final order assessing a penalty. 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 Compliant, 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. Please reference Docket No. CWA-07-2016-0053.
|June 6, 2016
|Angela Lewis 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 Tony L. Brown and Joshua A. Brown d/b/a Riverview Cattle, located in Emmet County, Iowa, for alleged violations at their concentrated animal feeding operation located at 1893 570th Avenue Armstrong, Iowa.
Program/Statute: Clean Water Act (CWA)
Tony L. Brown and Joshua A. Brown d/b/a Riverview Cattle
Proposed action: Public Notice of Clean Water Act Proposed Adminstrative Penalty Assessment
Docket ID: CWA-07-2016-0053
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