Public Notice: Consent Agreement with Yellowstone County for Clean Water Act Violations at Five Mile Creek
Summary
EPA is providing notice of an opportunity for the public to comment on a consent agreement (Consent Agreement) to order Yellowstone County to pay a civil penalty. EPA alleges Yellowstone County’s Municipal Separate Storm Sewer System (MS4) discharged pollutants in stormwater into navigable waters without a permit, in violation of section 301(a) of the Clean Water Act (CWA).
Proposed Action
EPA alleges that Yellowstone County violated the CWA by discharging stormwater runoff through an outfall at Five Mile Creek during the time where Yellowstone County was not covered under either Montana’s Pollutant Discharge Elimination System, or EPA’s National Pollutant Discharge Elimination System General Permit authorizing discharges of storm water from its MS4. Under the Consent Agreement, Yellowstone County has agreed to pay a civil administrative penalty of $22,400 to resolve its federal civil penalty liability for these alleged violations.
The addresses of the EPA official serving as Complainant and of Yellowstone County are listed below.
Complainant
EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. EPA Region 8’s Water Enforcement Branch Manager, is identified in the Consent Agreement as the Complainant.
Respondent
Yellowstone County, P.O. Box 35024, Billings, Montana 59107. Yellowstone County is identified in the Consent Agreement as the Respondent.
The EPA is authorized in a Class I proceeding under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), to issue an order assessing a civil administrative penalty for violations of the CWA and its implementing regulations, after providing:
- an opportunity for the person to be assessed the penalty to request a hearing to contest the penalty, and
- notification to the public of the proposed penalty and its rights to submit written comments and to participate in a Class I penalty proceeding (hearing), if any.
Public Comments
The EPA encourages the public to comment on the proposed Consent Agreement. The proposed Consent Agreement will be available for public review for a comment period of 30 days after the publication of this notice. After the close of this comment period, the EPA will, if appropriate in view of any comments received, file the proposed Consent Agreement and seek entry of an order approving the Consent Agreement. The EPA expects to respond to any comments. The order, if any, would be issued at least ten (10) days after the close of the public comment period and at least forty (40) days after publication or posting of this notice, in accordance with 40 C.F.R. § 22.45(b) and (c)(3). The proposed Consent Agreement is available for review by contacting the person listed in the For Further Information section, below.
Notification and details of any public comment period extension will be posted to this page only. Interested parties on our email list will also be notified by email.
For Further Information
Persons wishing to receive a copy of the Consent Agreement, or other documents in this proceeding (including the regulations in 40 C.F.R. part 22, which establish procedures for any hearing), or to comment upon the proposed penalty assessment, should contact the Regional Hearing Clerk listed in the How to Comment box on this page.
Docket Numbers
- CWA-08-2026-0007