Scrap Management, LLC d/b/a Rivers Edge Scrap Management - Clean Water Act Public Notice
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 Scrap Management, LLC d/b/a Rivers Edge Scrap Management for alleged violations of the terms and conditions of a National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
Under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA. 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 violated the requirements of the permits authorizing Respondent to discharge stormwater runoff associated with industrial activity under Kansas’ NPDES General Permit, state permit number G-KS27-0050, federal permit number KSR000952, issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342. The EPA alleges that Respondent failed to: 1) select, install, utilize, operate, and/or maintain site specific structural best management practices; 2) ensure good house keeping and spill prevention; 3) retain the facility’s Stormwater Pollution Prevention Plan (“SWPPP”) on-site; 4) maintain an adequate SWPPP; 5) conduct SWPPP training for employees; and 6) conduct or document routine facility inspections, comprehensive annual site compliance evaluations, and annual visual examinations of stormwater discharges. Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $144,500. 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, at R7_Hearing_Clerk_Filings@epa.gov or 913-551-7972. Please reference Docket No. CWA-07-2023-0112. For Technical questions contact Adam Hendrickson, Enforcement and Compliance Assurance Division, at hendrickson.adam@epa.gov or 913-551-7253. Persons with legal questions may contact Sam Bennett, Office of Regional Counsel, at bennett.sam@epa.gov or 913-551-7372. 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.
| 2024.02.12 Date |
/s/ David Cozad David Cozad Director Enforcement and Compliance Assurance Division U.S. EPA, Region 7 |
Summary
The EPA is providing notice of a proposed Administrative Penalty Assessment against Scrap Management, LLC d/b/a Rivers Edge Scrap Management for alleged violations of the terms and conditions of a National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the CWA, 33 U.S.C. § 1342.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
Scrap Management, LLC d/b/a Rivers Edge Scrap Management
836 S. 26th St
Kansas City, KS 66106
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2023-0112