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 Bar MK, L.L.C. (“Respondent”), who owns a concentrated animal feeding operation located at 1466 13th Road, Beemer, Nebraska, for alleged violations of the Clean Water Act.
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)(2)(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 Respondent discharged pollutants into the waters of the United States, in violation of Sections 301 of the Clean Water Act, 33 U.S.C. § 1311. The EPA alleges that stormwater runoff containing pollutants from Respondent’s concentrated animal feeding operation discharges into Plum Creek, a water of the United States, without authorization from a Clean Water Act Section 402 permit. The EPA is seeking a penalty of $29,000 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 proposed Complaint, 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. Please reference Docket No. CWA-07-2018-0250. For Technical questions contact Erin Kleffner, Water Enforcement Branch, at email@example.com, at the above mailing address or 913-551-7921. Persons with legal questions may contact Chris Muehlberger, Office of Regional Counsel, at firstname.lastname@example.org, at the above mailing address or 913-551-7623.