Public Notice: Lake Burger Holdings, LLC

Summary

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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 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 Lake Burger Holdings, LLC, (Respondent) for alleged violations stemming from Respondent’s violation of the Spill Prevention, Control, and Countermeasure (“SPCC”) requirements of 40 C.F.R. Part 112, implementing Section 311(j)(1)(C) of the CWA, 33 U.S.C. § 1321(j)(1)(c).

Under Section 311(b)(6)(B) of the CWA, 33 U.S.C. § 1321(b)(6)(B), 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. In this case, the EPA is providing notice of the proposed assessment of a Class II civil penalty pursuant to Section 311(b)(6)(B)(ii) of the CWA, 33 U.S.C. § 1321(b)(6)(B)(ii). 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 failed to fully prepare and implement an SPCC plan in violation of 40 C.F.R. § 112.3 at Respondent’s onshore facility located at 29475 Mill Creek Marina Road, Gravois Mills, Missouri, 65037 in Morgan County. The EPA is seeking a penalty of $14,444 for the violation.

The EPA will receive written notification by any person who is not a party wishing to participate in the proceeding for a period of thirty (30) days from the date of publication of this notice. Notification and comments shall be submitted to the Regional Hearing Clerk at the address provided below. The procedures by which the public may 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 Complaint and Notice of Opportunity for Hearing, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, U.S. Environmental Protection Agency Region 7, at R7_Hearing_Clerk_Filings@epa.gov or 913-551-7972. Please reference Docket No. CWA-07-2025-0028. For technical questions contact Abigail Widiker, Enforcement and Compliance Assurance Division, at widiker.abigail@epa.gov or 913-551-5343. Persons with legal questions may contact Emily Quinn, Office of Regional Counsel, at quinn.emily@epa.gov or (913) 551-7624. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to thirty (30) days from the date of this notice.

Applicants or Respondents

Related Documents

• Lake Burger Holdings, LLC Proposed Complaint (pdf) (3.34 MB)
  The EPA is providing notice of a proposed Administrative Penalty Assessment against Lake Burger Holdings, LLC for alleged violations stemming from Respondent’s violation of the Spill Prevention, Control, and Countermeasure requirements of 40 C.F.R. Part 112, implementing Section 311(j)(1)(C) of the CWA, 33 U.S.C. § 1321(j)(1)(c).