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EPA in Nebraska

Public Notice: Village of Stuart, Nebraska

Publish Date: 10/22/2020



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 in the form of an Expedited Settlement Agreement (“ESA”) against Village of Stuart, Nebraska for alleged violations at the agricultural land application sites used by the village for land application.

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 violated the requirements of its National Pollutant Discharge Elimination System permit (Permit NE-0023949), in violation of Section 402 of the Clean Water Act, 33 U.S.C. § 1342. The EPA alleges that Respondent failed to: (1) monitor at the required frequency, (2) maintain all required records, and (3) demonstrate compliance with vector attraction reduction requirements when sewage sludge was applied to land. Respondent has reached agreement with the EPA on the terms of a proposed ESA which would resolve this matter. Under the proposed ESA, Respondent will pay a civil penalty of $2,700. Final approval of the proposed ESA 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 email 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 ESA, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, U.S. Environmental Protection Agency Region 7, at or 913-551-7972. Please reference Docket No. CWA-07-2020-0179. For Technical questions contact Cynthia Sans, Compliance Officer, Enforcement and Compliance Assurance Division, at or 913-551-7492. Persons with legal questions may contact Sarah Moreno, Paralegal, Office of Regional Counsel, at or 913-551-7206. 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/ David Cozad
David Cozad

Enforcement and Compliance Assurance Division
U.S. EPA, Region 7

Applicant or Respondent

Village of Stuart, Nebraska
Stuart, NE 68780

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