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 the city of Troy, Missouri, Respondent, a municipality organized under the laws of the state of Missouri. Respondent owns and operates two publicly owned treatment works (“POTW”), as defined by 40 C.F.R. § 503.3(q), (hereinafter, referred to as the “Facilities”). The Troy “Highway 47 Wastewater Treatment Facility” is located at 364 East Highway 47, Troy, Missouri 63379. The Troy “Southeast Wastewater Treatment facility” is located at 1011 Buenemen Lane, Troy, Missouri 63379.
Section 405(e) of the CWA, 33 U.S.C. § 1345(e), prohibits the disposal of sludge from a POTW or any other treatment works treating domestic sewage for any use for which regulations have been established pursuant to subsection (d) of that Section, except in accordance with such regulations. EPA promulgated regulations at 40 C.F.R. Part 503 governing the Standards for the Use or Disposal of Sewage Sludge (the "Sludge Management Program"). These regulations establish recordkeeping and reporting requirements, pollutant limits and site management practices applicable to owners or operators of treatment works treating domestic sewage, and standards for the final use or disposal of sewage sludge generated during the treatment of domestic sewage in treatment works.
The Respondent uses both POTW facilities for the “treatment of sewage sludge,” as defined in 40 C.F.R. § 503.9(z). Respondent is subject to Section 405 of the CWA, 33 U.S.C. § 1345, and 40 C.F.R. Part 503, Subpart B, because it is a "person who prepares sewage sludge," as defined at 40 C.F.R. § 503.9(r). The Respondent’s NPDES Permits (MO-0054623, and MO-0131296) also each reiterate the Respondent’s responsibility to comply with Section 405 of the CWA and 40 C.F.R. Part 503.
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 CWA. 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 I civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A). Class I proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondent land applied bulk sewage sludge on eleven occasions between September 4, 2018, and September 28, 2018, with levels of cadmium in excess of the ceiling concentration of 85 mg/kg permitted by 40 C.F.R. § 503.13(a) Table 1. Additionally, Respondent failed to have the sampling documentation needed to demonstrate compliance with the ceiling concentrations for cadmium permitted by 40 C.F.R. § 503.13(a) for the biosolid land applications that occurred in September 2018, and/or to provide such documentation to the persons performing the land applications, in violation of 40 C.F.R. §§ 503.12(e) and (f). Respondent’s failure to comply with the ceiling concentration limitations and documentation requirements, as described above, are violations of Respondent’s NPDES permits, Section 405 of the CWA, 33 U.S.C. § 1345, and implementing regulations at 40 C.F.R. Part 503.
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 pay a civil penalty of $11,500. 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 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 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 Boulevard, Lenexa Kansas 66219. Please reference Docket No. CWA-07-2019-0281. For Technical questions contact Seth Draper, Enforcement and Compliance Assurance Division, at email@example.com, at the above mailing address or 913-551-7080. Persons with legal questions may contact Howard Bunch, Office of Regional Counsel, at firstname.lastname@example.org, at the above mailing address or 913-551-7879. 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