CHS 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 CHS Inc., a corporation with its headquarters at 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077, for alleged violations at a CHS Inc. facility it formerly operated at 395 164^th Street, South Sioux City, Nebraska 68776.

Under Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the Clean Water Act.  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 National Pretreatment Standards issued pursuant to Section 307 of the CWA, 33 U.S.C. § 1317, and implementing regulations at 40 C.F.R. § 403.5(b)(2), which prohibits the introduction into a publicly owned treatment works (“POTW”) discharges having a pH lower than 5.0 standard units (“SU”), unless the POTW is specifically designed to accommodate such discharges.  The EPA alleges that on multiple days in September and October 2016, Respondent discharged wastewater with pH levels below 5.0 SU to the South Sioux City, Nebraska, POTW collection system, which in turn discharges to the Sioux City, Iowa, POTW treatment plant.  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 $80,000.  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, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219.  Please reference Docket No. CWA-07-2018-0174.  For Technical questions contact Paul Marshall, Water Enforcement Branch, at [email protected], at the above mailing address or 913-551-7419.  Persons with legal questions may contact Patricia Gillispie Miller, Office of Regional Counsel, at [email protected], at the above mailing address or 913-551-7283.  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 CHS Inc., a corporation with its headquarters at 5500 Cenex Drive, Inver Grove Heights, Minnesota 55077, for alleged violations at a CHS Inc. facility it formerly operated at 395 164^th Street, South Sioux City, Nebraska 68776. 

​Program/Statute:  Clean Water Act (CWA)

Applicant/Respondent(s):

CHS Inc.
395 164^th Street
South Sioux City, NE 68776

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

Docket ID: CWA-07-2018-0174

• CHS Inc. proposed Consent Agreement Final Order (pdf) (1.49 MB)