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CWA Public Notice - Royal Canin USA Inc., Rolla, Missouri


           ACTION: Notice of Proposed Assessment of Administrative Penalty against Royal Canin USA Inc, P.O. Box 938, Rolla, Missouri, and Opportunity to Comment.

            Pursuant to Section 311(b)(6)(C) of the Clean Water Act (“Act”), 33 U.S.C. § 1321(b)(6)(C), and 40 CFR § 22.45, the United States Environmental Protection Agency (EPA), Region 7, gives notice of the United States Environmental Protection Agency's proposal to assess an administrative penalty of $41,383 against Royal Canin USA Inc., P.O. Box 938, Rolla, Missouri, for its violations of Section 311 of the Act at its pet food production facility located at 1700 Old Bridge School Road, Rolla, Missouri. Respondent began operations in approximately 1983 and prepared an SPCC plan in April 2003. EPA has alleged that Respondent violated 40 CFR § 112.3 by not adequately preparing an SPCC plan that was in accordance with the requirements of 40 CFR § 112. Specifically, EPA determined after reviewing the Respondent's SPCC plan, that the plan was not in accordance with the requirements by failing to obtain management approval; provide adequate containment for above ground tanks; provide appropriate containment and/or diversionary structures or equipment for loading/unloading areas; and contain a completed Certification of the Applicability of the Substantial Harm Criteria.

            Any person wishing to comment on this proposed penalty or who wishes to participate in this proceeding by providing relevant information to EPA, must within thirty (30) days of this notice (referencing Royal Canin USA Inc. and docket number CWA-07-2006-0016) provide in writing the commentor's name, complete mailing address, and a statement requesting participation in this proceeding to the Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 901 North 5th Street, Kansas City, Kansas, 66101.

            The procedures by which the public may comment on the proposed Class II penalty or participate in a Class II penalty proceeding are set forth in the Consolidated Rules. See 40 C.F.R. § 22.45. The deadline for submitting public comment on a proposed Class II Consent Agreement is thirty (30) days after publication of this notice.

            FOR FURTHER INFORMATION: Persons wishing to receive a copy of Part 22, review the complaint or other documents filed by the parties in this proceeding should request this from the Regional Hearing Clerk identified above. Unless otherwise noted, the public record for the proceeding is located in the EPA Regional Office at 901 North 5th Street, Kansas City, Kansas 66101, and the file will be open for public inspection during business hours.

            In order to provide opportunity for public comment, EPA will not take final action in this proceeding prior to forty (40) days after issuance of this notice.

/s/ Mark A. Smith for
Carol A. Kather
Acting Director
Division Director
Air, RCRA, and Toxics Division
U.S. EPA, Region 7

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