Joy Development Properties, LLC, Pleasant Valley, Iowa and Summit Concrete, Inc., LeClaire, Iowa - 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, Issuance of Compliance or Corrective Action Orders, 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 Joy Development Properties, LLC and Summit Concrete, Inc., for alleged violations at the companies’ residential construction site known as the Schutter Farms Addition located at Valley Drive and Spencer Road in Pleasant Valley, Iowa. Joy Development Properties is located at PO Box 134, 18182 247th Ave., Pleasant Valley, Iowa 52767; and Summit Concrete is located at 6 Sandstone Court, LeClaire, Iowa 52753.
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 EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondents violated requirements of their National Pollutant Discharge Elimination System Permit (authorization number 20086-19856 for General Permit No. 2, which governs discharges associated with construction activity), in violation of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. §§ 1311 and 1342. The EPA alleges that Respondents’ Storm Water Pollution Prevention Plan was inadequate; that Respondents failed to implement the SWPPP as evidenced by missing and poorly maintained sediment controls; and that they failed to adequately conduct and document site inspections. Respondents have reached agreement with EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the proposed Consent Agreement/Final Order, Respondents will pay a civil penalty of $15,858 and complete a Supplemental Environmental Project costing $75,067. 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 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 Kathy Robinson, Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219. Please reference Docket No. CWA-07-2015-0072. In order to provide opportunity for public comment, EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
| 12-30-15 Date |
/s/ Karen A. Flournoy Director Water, Wetlands and Pesticides Division U.S. EPA, Region 7 |
Summary
The Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against Joy Development Properties, LLC and Summit Concrete, Inc., for alleged violations at the companies’ residential construction site known as the Schutter Farms Addition located at Valley Drive and Spencer Road in Pleasant Valley, Iowa. Joy Development Properties is located at PO Box 134, 18182 247th Ave., Pleasant Valley, Iowa 52767; and Summit Concrete is located at 6 Sandstone Court, LeClaire, Iowa 52753.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Joy Development Properties, LLC, and Summit Concrete, Inc.,
Pleasant Valley, Iowa and LeClaire, Iowa
Proposed action: Public Notice of Clean Water Act Adminstrative Penalty Settlement
Docket ID: CWA-07-2015-0072