Gaten Properties, 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 Gaten Properties, LLC, a business located at 10823 W. 164th Street, Overland Park, Kansas 66221, for alleged violations at Triple Creek Farms located 175th Street and Antioch Road in Overland Park, Kansas.
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 NPDES Permit (Permit # KSR115082), issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342. The EPA alleges that Respondent (1) failed to maintain a Stormwater Pollution Prevention Plan (SWPPP) onsite; (2) failed to properly select, install and/or maintain best management practices and fully implement the provisions of the SWPPP; and (3) failed to conduct and document both regular inspections and those following rain events which result in a rainfall total of 0.5 inches or greater. The EPA proposes a penalty of $44,156 for these violations. 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-07-2023-0128. For Technical questions contact Dr. Delia Garcia, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7262. Persons with legal questions may contact Adam Hilbert, Office of Regional Counsel, at [email protected] or 913-551-7113. 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.
| 2023.10.02 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 Gaten Properties, LLC, a business located at 10823 W. 164th Street, Overland Park, Kansas 66221, for alleged violations at Triple Creek Farms located 175th Street and Antioch Road in Overland Park, Kansas.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Gaten Properties, LLC
10828 W. 164th St.
Overland Park, KS 66221
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2023-0128