Shilling Construction Company, 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 Shilling Construction Company, Inc. (“Respondent”), which owns and operates an asphalt manufacturing company in Manhattan, 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 EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondent violated terms of its National Pollutant Discharge Elimination System permit and discharged pollutants from its facility to the Kansas River in violation of Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311 and 1342. Respondent has 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, Respondent will pay a civil penalty of $65,980. 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 Regional Hearing Clerk at [email protected] or 913-551-7972. Please reference Docket No. CWA-07-2022-0048. For technical questions contact Erin Kleffner, Enforcement and Compliance Assurance Division, at kleffner.erin@epa.gov or 913-551-7921. Persons with legal questions may contact Chris Muehlberger, Office of Regional Counsel, at [email protected] or 913-551-7623. 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.
| 2022.08.18 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 Shilling Construction Company, Inc. (“Respondent”), which owns and operates an asphalt manufacturing company in Manhattan, Kansas.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Shilling Construction Company, Inc.
321 McDowell Creek Road
Manhattan, KS 66502
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2022-0048