River Trading 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 against River Trading Company, LLC, a barge unloading facility, located at 2585 Pettibone Avenue, Muscatine, Iowa.

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 terms of it’s NPDES permit in violation of Sections 402 and 301 of the CWA, 33 U.S.C. 1342 and 1311 by failing to implement best management practices during the unloading of coal from barges at the transport facility.  EPA’s August 2020 Inspection documented the accumulation of significant amounts of coal on the bank of the Mississippi River, which entered the River.  Review of aerial imagery over the years demonstrates that this had been an ongoing problem dating back to 2016.

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 $60,750.  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-07-2021-0039.  For Technical questions contact Delia Garcia, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7262.  Persons with legal questions may contact Liz Huston, Office of Regional Counsel, at [email protected] or 913-551-7525.  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.

Summary

The EPA is providing notice of a proposed Administrative Penalty Assessment against River Trading Company, LLC, a barge unloading facility, located at 2585 Pettibone Avenue, Muscatine, Iowa.

​Program/Statute:  Clean Water Act (CWA)

Applicant/Respondent(s):

Proposed action:    Public Notice of Clean Water Act Adminstrative Penalty Settlement

Docket ID: CWA-07-2021-0039

• River Trading Company, LLC proposed Consent Agreement and Final Order (pdf) (2 MB)