Public Notice: Proposed penalty against RFL Clayton Farms for violations of the Clean Water Act
EPA is providing notice of a proposed administrative penalty assessment to RFL Clayton Farms (facility) for alleged violations of the Clean Water Act. A review of EPA files revealed that this facility has not submitted any annual reports since 2017, as required by the facility’s concentrated animal feeding operations (CAFO) permit. EPA is assessing a penalty of thirty thousand dollars ($30,000) to address the alleged permit violations.
EPA is providing notice of opportunity to comment on the proposed penalty assessment. Under 33 U.S.C. §1319(g), EPA is authorized to issue an Order assessing civil penalties for various violations of the Act. EPA may issue such Order after the commencement of a Class I or Class II penalty proceeding. EPA provides Public Notice of the proposed assessment pursuant to 33 U.S.C. §1319(g)(4)(A). Administrative civil penalty proceedings are conducted under EPA's “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders and the Revocation Termination or Suspension of Permits”, 40 CFR Part 22. The procedures through which the public may submit written comment on a proposed administrative penalty action or participate in an administrative penalty proceeding, and the procedures by which a Respondent may request a Hearing, are set forth in the Consolidated Rules. The deadline for submitting public comment on this administrative civil penalty proceeding is thirty (30) days after issuance of this Public Notice.
EPA is seeking comment on this proposed penalty pursuant to Section 309(g)(4) of the Clean Water Act. EPA will consider all comments received in determining its final action.
Applicants or RespondentsRFL Clayton Farms
76 Feeders Rd.
Clayton, NM 80903