R.D. Johnson Excavating Company, LLC - Clean Water Act Public Notice
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 in the form of an Expedited Settlement Agreement against R.D. Johnson Excavating Company, LLC for alleged violations at the Cedar Grove construction site located at Research Park and Legends Drive in Lawrence, Kansas.
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 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 KS-R113296), in violation of Section 402 of the Clean Water Act, 33 U.S.C. § 1342. The EPA alleges that Respondent failed to: (1) have an adequate Storm Water Pollution Prevention Plan, (2) conduct and document inspections, and (3) install and/or maintain controls designed to minimize migration of sediment and other pollutants to waters of the United States. Respondent has reached agreement with the EPA on the terms of a proposed Expedited Settlement Agreement which would resolve this matter. Under the proposed Expedited Settlement Agreement, Respondent will pay a civil penalty of $34,520. Final approval of the proposed Expedited Settlement Agreement 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 Expedited Settlement Agreement, 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 [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2021-0081. For Technical questions contact Delia Garcia, Compliance Officer, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7262. Persons with legal questions may contact Sarah Moreno, Paralegal, Office of Regional Counsel, at [email protected] 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.
| 2021.10.20 Date |
/s/Diane Huffman Diane Huffman Acting Director Enforcement and Compliance Assurance Division U.S. EPA, Region 7 |
Summary
The EPA is providing notice of a proposed Administrative Penalty Assessment in the form of an Expedited Settlement Agreement against R.D. Johnson Excavating Company, LLC for alleged violations at the Cedar Grove construction site located at Research Park and Legends Drive in Lawrence, Kansas.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
R.D. Johnson Excavating Company, LLC
Research Park & Legends Dr.
Lawrence, KS
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2021-0081
R.D. Johnson Excavating Company, LLC proposed Expedited Settlement Agreement (pdf)