R.H. Capital-Beets, LLC - 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 R.H. Capital-Beets, LLC, a business located at 2015 Clara Drive, Jefferson City, Missouri, 65101, for alleged violations of the Spill Prevention, Control, and Countermeasure (“SPCC”) requirements of Section 311(j)(1)(C) of the CWA and implementing regulations at 40 C.F.R. Part 112.
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 failed to prepare SPCC plans at two of their oil production leases: Strauss Lease: 37.38455, -95.088506, Neosho County, Kansas; and 20th Street Tank Battery Lease: 37.399206, -95.087649, Crawford County, Kansas. EPA is seeking a penalty of $83,063 for these violations.
Persons wishing to comment on or participate in the proceedings must notify the Regional Hearing Clerk, in writing, pursuant to 40 CFR § 22.45 at the address provided below. The procedures by which the public may comment on or otherwise 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, or review the Complaint, should contact Regional Hearing Clerk, at R7_Hearing_Clerk_Filings@epa.gov or 913-551-7972. Please reference Docket No. CWA-07-2023-0067. For Technical questions contact Mark Aaron, Enforcement and Compliance Assurance Division, at aaron.mark@epa.gov or 913-551-7205. Persons with legal questions may contact Anna Landis, Office of Regional Counsel, at landis.anna@epa.gov or 913-551-7081.
| 2024.02.01 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 R.H. Capital-Beets, LLC, a business located at 2015 Clara Drive, Jefferson City, MO, 65101, for alleged violations of the Spill Prevention, Control, and Countermeasure (“SPCC”) requirements of Section 311(j)(1)(C) of the CWA and implementing regulations at 40 C.F.R. Part 112.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
2015 Clara Drive
Jefferson City, Missouri 65101
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2023-0067