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Village of Spalding, Nebraska


In accordance with Section 311(b)(6)(C) of the Clean Water Act (“CWA”), 33 U.S.C. 1321(b)(6)(C), 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 Village of Spalding, Nebraska, a municipality located at P.O. Box 268, Spalding, Nebraska 68665, for alleged violations at the Spalding Municipal Light and Power Plant (“Plant”) located at 100 Old Mill Road, Spalding, Nebraska.

Under Section 311(b)(6)(B)(ii) of the Clean Water Act, 33 U.S.C. 1321(b)(6)(B)(ii), 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. 1321(b)(6)(B)(ii). Class II proceedings are conducted under EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent failed to fully develop and implement a Spill Prevention Control and Countermeasure plan for the Plant in violation of Section 311(j) of the Clean Water Act, 33 U.S.C. 1321(j) and its implementing regulations found at 40 C.F.R. 112. Respondent has reached agreement with EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the proposed Consent Agreement/Final Order, the assessed civil penalty is Fourteen Thousand Four Hundred Dollars ($14,400). Respondent will pay Four Thousand and Six Hundred Fifty Dollars ($4650) in cash, and the remainder of the civil penalty will be mitigated through performance by Respondent of a Supplemental Environmental Project. The Supplemental Environmental Project require Respondent to expend Nine Thousand Seven Hundred and Fifty Dollars ($9750) for the installation of thirty energy-efficient, light-emitting diodes (LED) street/parking lot light fixtures. The Respondent anticipates a significant increase in energy efficiency will result from the installation of the energy-efficient LEDs. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. 22.45.

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 Consent Agreement/Final Order (PDF) (12 pp., 1.57MB, 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 VII, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please reference Docket No. CWA-07-2015-0030. 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.

Mark Hague
Acting Regional Administrator
U.S. EPA, Region 7

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