CWA Public Notice - Hays Feeders, LLC
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
In accordance
with Section 309(g)(4)(A) of the Clean Water Act, 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”), notice is hereby
given that a Consent Agreement and Final Order is proposed with Hays Feeders,
LLC., (“Respondent”) regarding its 30,000-head livestock facility
in Ellis County, Kansas.
Under the Clean Water Act, the Environmental Protection Agency ("EPA") is authorized
to issue orders assessing civil penalties for various violations of the Clean
Water Act. The EPA may issue such orders after beginning 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 Section 309 of the Clean Water
Act. Class II proceedings are conducted under EPA's Consolidated
Rules, 40 C.F.R. Part 22.
In this case, EPA alleges that Respondent, among other things, failed to fulfill
the requirements of the National Pollutant Discharge Elimination System (“NPDES”)
permit issued to the Respondent for its Ellis County facility. Specifically,
Respondent failed to maintain adequate waste water storage capacity, in violation
of Section 402 of the Clean Water Act, 33 U.S.C. '1342. Respondent has
reached an agreement with EPA on the terms of a proposed Consent Agreement and
Final Order which would resolve this matter. Under the proposed Consent
Agreement and Final Order, Respondent will pay a civil penalty of $10,800. Final
approval of the proposed Consent Agreement and Final Order is subject to the
requirements of 40 C.F.R. § 22.45.
The EPA will receive written comments on the Consent Agreement and Final Order for a period of thirty (30) days from the date of publication of this notice. 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 receive a copy of EPA's Consolidated Rules, review the Consent Agreement and Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Kathy Robinson, Regional Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 901 N. Fifth Street, Kansas City, Kansas 66101. Please reference Docket No. CWA-07-2006-0207. 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.
08/07/06 Date |
/s/ Betty J. Berry for William A. Spratlin Director Water, Wetlands and Pesticides Division |