City of Dixon, Missouri - 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 the city of Dixon, Missouri, for alleged violations stemming from the operation of the publicly owned treatment works (“POTW”) owned and operated by the City.
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. In this case, the EPA is providing 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 violated the requirements of its National Pollutant Discharge Elimination System permit (Missouri Permit MO-0100129) in violation of Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342. The EPA alleges that the city of Dixon failed to waste appropriate quantities of sludge, impairing the operation of the wastewater treatment facility that forms part of the POTW; failed to land-apply biosolids as specified in the City’s NPDES permit; discharged visible solids into the POTW receiving stream in violation of the permit; failed to prepare biosolids annual reports in 2018, 2019, and 2020; and failed to comply with applicable effluent limitations. 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 mitigated civil penalty of $22,200. 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-07-2022-0117. For technical questions contact Seth Draper, Enforcement and Compliance Assurance Division, at [email protected] or 913-551-7080. Persons with legal questions may contact Natasha Goss, Office of Regional Counsel, at [email protected] or 913-551-7752. 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.
| 2022.11.17 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 the city of Dixon, Missouri, for alleged violations stemming from the operation of the publicly owned treatment works (“POTW”) owned and operated by the City.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
10171 Cottonwood Road
Dixon, Missouri 65459
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2022-0117