City of Cozad, Nebraska - 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 City of Cozad, Nebraska, 515 Disposal Road, Cozad, Nebraska 69130, for alleged violation of the Clean Water Act (CWA) related to the application of sewage sludge.

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 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 certain requirements of Section 405 of the CWA, Disposal or Use of Sewage Sludge, and regulations promulgated thereunder at 40 C.F.R. Part 503.  Specifically, the EPA alleges that Respondent land applied sewage sludge between September 1, 2017 and December 31, 2017, that contained concentrations of Molybdenum in excess of the ceiling concentration permitted in Table 1 of 40 C.F.R. § 503.13. 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 $6,500.  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, 11201 Renner Boulevard, Lenexa, Kansas 66219.  Please reference Docket No. CWA-07-2019-0217.  For Technical questions contact Lantz Tipton, at [email protected], at the above mailing address or 913-551-7892.  Persons with legal questions may contact Melissa Bagley, Office of Regional Counsel, at [email protected], at the above mailing address or 913-551-7522.  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 City of Cozad, NE, 515 Disposal Road, Cozad, NE 69130, for alleged violation of the Clean Water Act related to the application of sewage sludge.

​Program/Statute:  Clean Water Act (CWA)

Applicant/Respondent(s):

City of Cozad
515 Disposal Road
Cozad, NE 69130

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

Docket ID: CWA-07-2019-0217

• City of Cozad, Nebraska proposed Consent Agreement Final Order (pdf) (1.26 MB)