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 Stag’s Ridge LLC, a business located at 7021 Johnson Drive, Mission, Kansas 66203, for alleged violations at a commercial/residential construction site located northwest of the intersection of K-7 Highway and West Spruce Street in Olathe, Kansas 66061 (“Site”).
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 requirements of its NPDES permit (Permit No. KSR114479) and discharged stormwater into the waters of the United States, in violation of Sections 301(a) and 402(p) of the Clean Water Act, 33 U.S.C. §§ 1311(a) and 1342(p). The EPA alleges that Respondent: (1) failed to ensure that discharges from the Site do not contribute to an excursion of Kansas surface water quality standards; (2) failed to maintain a copy of the KDHE-authorized Notice of Intent and Stormwater Pollution Prevention Plan (“SWPPP”) at the Site; (3) failed to properly install, operate and/or maintain Best Management Practices at the Site, or alternatively, failed to fully implement the provisions of the SWPPP; (4) failed to develop an adequate SWPPP; (5) failed to update and amend the SWPPP; and (6) failed to take appropriate corrective actions following deficiencies identified during self-inspections. 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 expend a minimum of $53,696 to place a perpetual conservation easement on approximately 8.15 acres of property comprising portions of the Site and surrounding Stag’s Ridge property and will pay a civil penalty of $6,834. 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-07-2019-0266. For technical questions contact Delia Garcia, Ph.D., Enforcement and Compliance Assurance Division, at firstname.lastname@example.org, at the above mailing address or 913-551-7262. Persons with legal questions may contact Cathie Chiccine, Office of Regional Counsel, at email@example.com, at the above mailing address or 913-551-7917. 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.
Enforcement and Compliance Assurance Division
U.S. EPA, Region 7