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 Towne & Country Manor Development Corp. and Needham Excavating, Inc. for alleged violations at the Townhomes at Northwest Pointe Place residential development located in Davenport, Iowa.
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 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)(B). 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 violated the terms of its NPDES Permit (Iowa General Permit 35118 – 34781 in violation of Section 402 of the Clean Water Act, 33 U.S.C. § 1342. The EPA alleges that Respondents failed to design, install, implement and/or maintain pollution prevention measures and failure to fully implement the provisions of the Respondents’ Stormwater Pollution Prevention Plan. Respondents have 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, Respondents will pay a mitigated civil penalty of $4,000. 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 Lisa Haugen, Regional Hearing Clerk, at firstname.lastname@example.org or 913-551-7877. Please reference Docket No. CWA-07-2020-0121. For Technical questions contact Dr. Delia Garcia, Enforcement and Compliance Assurance Division, at email@example.com or 913-551-7262. Persons with legal questions may contact Chris Muehlberger, Office of Regional Counsel, at firstname.lastname@example.org 913-551-7623. 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.
|/s/ David Cozad
Enforcement and Compliance Assurance Division