Concrete Equipment Company, Inc. - 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 against Respondent Concrete Equipment Company, Inc. (“Con-E-Co”), of Blair, Nebraska, for alleged violations of the terms and conditions of Respondent’s National Pollutant Discharge Elimination System permits issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
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. In this case, the EPA is providing 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 stormwater associated with industrial activities in violation of the requirements of Nebraska Department of Environment and Energy General Permit No. NER-910535, in part because the content and implementation of the facility’s stormwater pollution prevention plan was deficient. Respondent also violated the pretreatment requirements of NPDES Permit No. NE-0137416 by failing to operate and maintain a pH monitor used to achieve compliance with the permit on one occasion and discharging effluent with a pH below the minimum required by the permit on three occasions. Respondent’s actions violated Section 301(a) of the CWA, 33 U.S.C.§ 1311(a), and the conditions and limitations of the NPDES permit. 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 $70,441. 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 Regional Hearing Clerk, U.S. Environmental Protection Agency Region 7, at [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2023-0089. For technical questions contact Adam Hendrickson, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7253. Persons with legal questions may contact Natasha Goss, Office of Regional Counsel, at [email protected] or 913-551-7752. 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.
| 2023.08.31 Date |
/s/David Cozad David Cozad Director Enforcement and Compliance Assurance Division U.S. EPA, Region 7 |
Summary
The EPA is providing notice of a proposed Administrative Penalty Assessment against Respondent Concrete Equipment Company, Inc. (“Con-E-Co”), of Blair, Nebraska, for alleged violations of the terms and conditions of Respondent’s National Pollutant Discharge Elimination System permits issued pursuant to Section 402 of the Clean Water Act, 33 U.S.C. § 1342.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Blair, Nebraska
Docket ID: CWA-07-2023-0089