CWA Public Notice - Pratt 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 Pratt Feeders,
LLC, (“Respondent”) regarding its 40,000-head livestock facility
in Pratt 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 Pratt 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 agreement with EPA on the terms of a proposed Consent Agreement and
Final Order that would resolve this matter. Under the proposed Consent
Agreement and Final Order, Respondent will pay a civil penalty of $8,364 and
complete a Supplemental Environmental Project worth approximately $50,000. 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-07-2006-0206. 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 |