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 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 Midway Auto Parts LLC d/b/a Muncie U Pull for alleged violations at its facility at 6345 Kansas Avenue, Kansas City, Kansas.
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 the EPA’s Consolidated Rules, 40 C.F.R. Part 22.
In this case, the EPA alleges that Respondent’s CWA violations included failure to meet the requirements of its National Pollutant Discharge Elimination System General Industrial Stormwater Permit KSR000877 thus violating Sections 301 and 402 of the Clean Water Act, 33 U.S.C. §§ 1311 and 1342. The EPA alleges that Respondent had unauthorized discharges from its facility into the Kansas River, failed to implement adequate control measures or take sufficient corrective actions to improve control measures, failed to conduct and/or adequately document routine facility inspections, and failed to conduct visual examinations of stormwater.
Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. In addition, the proposed Consent Agreement/Final Order resolves alleged violations of Section 3002 of the Resource Conservation and Recovery Act 42 U.S.C. § 6922; and Title 28, Article 31 of the Kansas Administrative Regulations. Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $85,000. 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. All such comments shall be submitted to the Regional Hearing Clerk at the address provided below. 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 obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 7, 11201 Renner Blvd, Lenexa, KS 66219. Please reference Docket No. CWA-07-2019-0017. For Technical questions contact Angela Acord, Water Enforcement Branch, at email@example.com, at the above mailing address or 913-551-7914. Persons with legal questions may contact Liz Huston, Office of Regional Counsel, at firstname.lastname@example.org, at the above mailing address or 913-551-7525. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
Water, Wetlands and Pesticides Division
U.S. EPA, Region 7