Go-Fer Sanitation, 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 Go-Fer Sanitation, Inc., a business located in, Devil’s Lake, North Dakota, for alleged violations of the domestic septage requirements found at 40 C.F.R. Part 503 and Section 308 of the CWA. The alleged violations are associated with domestic septage land application activities on the Spirit Lake Reservation.
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 I civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A). Class I proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondent failed to comply with Section 405 of the CWA, U.S.C. § 1345, and 40 C.F.R. Part 503, Standards for the Use or Disposal of Sewage Sludge. Respondent failed to meet the regulations associated with the land application of domestic sewage (septage). Respondent also violated Section 308 of the CWA, U.S.C. § 1318, for failures to provide required information to the EPA. 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 $15,304.68 in four quarterly installment payments. 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 I order or participate in a Class I 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-07-2023-0064. For Technical questions contact Erin Kleffner, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7921. Persons with legal questions may contact Anna Landis, Office of Regional Counsel, at [email protected] or 913-551-7081. 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.
| 2023.06.13 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 Go-Fer Sanitation, Inc., a business located in, Devil’s Lake, North Dakota, for alleged violations of the domestic septage requirements found at 40 C.F.R. Part 503 and Section 308 of the CWA. The alleged violations are associated with domestic septage land application activities on the Spirit Lake Reservation.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Go-Fer Sanitation, Inc.
1331 Ackerman Dr.
Devil’s Lake, North Dakota 58301
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2023-0064