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 Seward Turkey Enterprises, Inc. for alleged violations at the Milford Site located at 2201 Superior Street, Seward, Nebraska (“Facility”).
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 discharged pollutants into the waters of the United States, in violation of Section 301 of the Clean Water Act, 33 U.S.C. § 1311. The EPA alleges that Respondent’s Facility lacked adequate livestock waste control facilities, structures, run-off controls, or measures to contain all precipitation-related run-off and prevent the discharge of process wastewater from Facility production areas, and that the Facility discharged process wastewater during at least nine precipitation events. The EPA is seeking a penalty in the amount of $115,000 for these violations.
Persons wishing to comment on or participate in the proceedings must notify the Regional Hearing Clerk, in writing, pursuant to 40 CFR § 22.45 at the address provided below. The procedures by which the public may comment on or otherwise participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules, 40 CFR 22.45(c). Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, or review the Complaint, should contact Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS. Please reference Docket No. CWA-07-2019-0005. For Technical questions contact Angela Acord, Water Enforcement Branch, at email@example.com, at the above mailing address or 913-551-7914. Persons with legal questions may contact Shane McCoin, Office of Regional Counsel, at firstname.lastname@example.org, at the above mailing address or 913-551-7955.
|/s/ Wendy Lubbe for
Enforcement and Compliance Assurance Division
U.S. EPA, Region 7