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Dr. Daniel J. McGowan, Kearney, NE

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, 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 Dr. Daniel J. McGowan, Kearney, Nebraska, for alleged violations of Section 404 of the Clean Water Act.

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 EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent discharged fill material into a water of the United States without obtaining a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers in violation of Sections 301 and 404 of the Clean Water Act, 33 U.S.C. 1311 and 1342. Specifically, EPA alleges that Respondent discharged large amounts of sediment from a dam on his property’s reservoir which affected downstream properties and aquatic life along approximately 7.3 miles of Plum Creek. EPA is seeking a penalty of up to $177,500 for these violations.

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 proposed Complaint (9 pp., 38K, About PDF) , comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact the Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219. Please reference Docket No. CWA-07-2014-0060.

3-7-14
Date
/s/
Karen A. Flournoy
Division Director
Water, Wetlands, and Pesticides Division
U.S. EPA, Region 7

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