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 James Rodney AuBuchon, an individual located at 707 Levin Drive, O’Fallon, Missouri 63355 for alleged violations at a parcel of property located at Section 20, Township 39 North, Range 1 East, in Washington County, Missouri.
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 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 initiated and/or authorized the discharge of fill material into “waters of the United States” without obtaining a Section 404 permit, in violation of Section 301 of the Clean Water Act, 33 U.S.C. § 1311. The EPA alleges that Respondent and/or persons acting on his behalf, using land-moving equipment, authorized, directed the placement of, and/or placed the fill material into Watson Creek, impacting approximately 815 linear feet of the stream and causing additional downstream impacts. 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 $20,000. 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 the Regional Hearing Clerk at U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219. Please reference Docket No. CWA-07-2019-0212. For technical questions, contact Stephen Pollard, Enforcement and Compliance Assurance Division, at firstname.lastname@example.org, at the above mailing address, or 913-551-7582. Persons with legal questions may contact Kate Reitz, Office of Regional Counsel, at email@example.com, at the above mailing address, or 913-551-7745. 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/ Jamie Green for
Enforcement and Compliance Assurance Division
U.S. EPA, Region 7