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CWA Public Notice - City of Troy, Missouri


           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, Issuance of Compliance or Corrective Action Orders, 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 Troy, Missouri, for alleged violations at the City's Publicly Owned Treatment Works located at 264 East Highway 47, Troy, Missouri 63379.

            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 violation 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 EPA's Consolidated Rules, 40 C.F.R. Part 22. In this case, the EPA is filing a Complaint against Respondent that alleges that Respondent discharged sewage sludge into the receiving stream, in violation of Section 301, and 402 of the Clean Water Act, 33 U.S.C. §§ 1311 and 1342. The EPA also alleges that Respondent failed to comply with the self monitoring, record keeping, and sludge management requirements found in Respondent's NPDES permit, in violation of Sections 402 and 405 of the Clean Water Act, 33 U.S.C. §§ 1342 and 1345. In addition, EPA has alleged that Respondent failed to properly operate and maintain the treatment plant as required in Respondent's NPDES permit, in violation of Section 402 of the Clean Water Act, 33 U.S.C. §1342 . In conjunction with the Complaint, EPA is filing a Consent Agreement and Final Order which resolves the alleged violations. Under the proposed Consent Agreement and Final Order, the assessed civil penalty is $49,500.

             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.  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 Complaint, 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-07-2006-0254. 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.

Betty J. Berry for
William A. Spratlin
Water, Wetlands and Pesticides Division

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