New Heaven Chemicals Iowa, 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 against New Heaven Chemicals Iowa, LLC (“Respondent”), a business located at 1585 380th Street, Manly, Iowa 50456, for alleged violations at the Facility located at 1585 380th Street, Manly, Iowa 50456.
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 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 violated the requirements of its National Pollutant Discharge Elimination System permit # IA0052535, in violation of Section 402 of the CWA, 33 U.S.C. § 1342. The EPA alleges that Respondent violated the terms and conditions of its permit by violating the monthly average, daily maximum, and/or 30-day average effluent concentration and mass limitations set forth in the Permit for discharges from Outfall 003 for 5-day Biological Oxygen Demand, Chemical Oxygen Demand, Iron, and Total Suspended Solids. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order that would resolve this matter. Under the proposed Consent Agreement/Final Order, Respondent has demonstrated it does not have the ability to pay a penalty. Therefore, pursuant to the CWA’s requirement to consider a violator’s ability to pay in determining a penalty amounts, the EPA is not seeking a penalty. The Respondent has ceased operations at the Facility. 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, at [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2023-0022. For technical questions contact Seth Draper, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7080. Persons with legal questions may contact Sara Hertz Wu, Office of Regional Counsel, at [email protected] or 913-551-7316. 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.
| 2023.02.13 Date |
/s/ David Cozad David Cozad Director Enforcement and Compliance Assurance Division |
Summary
The EPA is providing notice of a proposed Administrative Penalty Assessment against New Heaven Chemicals Iowa, LLC, a business located at 1585 380th Street, Manly, Iowa 50456, for alleged violations at the Facility located at 1585 380th Street, Manly, Iowa 50456.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Manly, IA 50456
Docket ID: CWA-07-2023-0022