UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
PUBLIC NOTICE OF PROPOSED COMBINED COMPLAINT AND CONSENT AGREEMENT AND OPPORTUNITY TO COMMENT
Action: The EPA is providing notice of the opportunity to comment on a proposed Consent Agreement and Final Order (CA/FO). The EPA proposes to enter into a CA/FO with Water Works and Sanitary Sewer Board of the city of Montgomery (Respondent), located at 2000 Interstate Park Drive, Montgomery, Alabama 36109, for violations of the Clean Water Act (CWA) during the application of sewage sludge.
Summary: The EPA is authorized by Section 309(g) of the CWA, 33 U.S.C. § 1319(g), to issue an order assessing a civil administrative penalty for violations of certain CWA requirements, after providing (1) an opportunity for the person to be assessed the penalty (Respondent) to request a hearing to contest the penalty, and (2) notification to the public of its rights to submit written comments and to participate in any hearing. The deadline for the public to submit comments is 30 days after issuance of this notice.
The EPA and Respondent have agreed to enter into a CA/FO to resolve the alleged violations of the biosolids requirements described below. The EPA alleges that the Respondent failed to comply with certain requirements of Section 405 of the CWA, Disposal or Use of Sewage Sludge, and regulations promulgated thereunder at 40 C.F.R. Part 503. Specifically, the EPA alleges that Respondent land applied sewage sludge between March 2, 2016 and August 3, 2016, that contained concentrations of Nickel in excess of the ceiling concentration permitted in Table 1 of 40 C.F.R. § 503.13. Respondent has agreed to pay a civil penalty of $32,000.00 to resolve its civil penalty liability for these claims. Pursuant to Section 309(g)(4) of the CWA, the EPA hereby notifies the public of the opportunity to comment on this proposed penalty assessment.
EPA Docket Number: CWA-07-2019-0034
Written comments on the CA/FO are encouraged and will be accepted at the address listed below for a period of 30 days after the publication of this notice. Written comments submitted by the public as well as information submitted by Respondent will be available for public review, subject to the provisions of law restricting the disclosure of confidential information. Any person submitting written comments has a right to participate in a hearing, if one is held.
Please submit written comments to:
Regional Hearing Clerk
U.S. EPA, Region 4
61 Forsyth Street
Atlanta, Georgia 30303
Telephone: (404) 562-9511
FOR FURTHER INFORMATION: The CA/FO is available on the internet at https://www.epa.gov/publicnotices and the regulations governing this proceeding are available at https://www.govinfo.gov/content/pkg/FR-2017-01-09/pdf/2016-31638.pdf. However, persons wishing to receive a copy of the CA/FO or other documents in this proceeding (such as the regulations in 40 C.F.R. Part 22, which establish procedures for litigating administrative penalty claims), view these documents at the regional office above, or to comment upon the proposed penalty assessment or upon any other aspect of the matter, should contact the Regional Hearing Clerk identified above. No action will be taken by the EPA to finalize a settlement in this matter until 40 days after this public notice.
Water, Wetlands and Pesticides Division
U.S. EPA, Region 7