University Park Sewer Benefit District and Riley County Public Works Department - 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 the University Park Sewer Benefit District and the Riley County Public Works Department for alleged violations stemming from the operation of the University Park Wastewater Treatment Plant, a wastewater treatment facility that discharges treated wastewater to Tuttle Creek Reservoir in Riley County, Kansas.
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. In this case, the EPA is providing 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 violated the requirements of its National Pollutant Discharge Elimination System permit (Kansas Permit No. KS-0079243) in violation of Sections 301 and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342. The EPA alleges that Respondents failed to comply with the effluent limits set out in that permit, leading to discharges of water that exceeded the Biochemical Oxygen Demand, Total Suspended Solids, ammonia as nitrogen, and E. coli limits, and fell below the minimum pH, on many occasions between December of 2015 and August of 2021. In addition, Respondents failed to comply with Standard Conditions for Kansas Water Pollution Control and NPDES Permits. Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. In addition, Respondents have entered into an Administrative Order on Consent under which they will develop and implement a plan for returning the wastewater treatment facility to compliance. Under the proposed Consent Agreement/Final Order, Respondents will pay a civil penalty of $1,750. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.
The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice. All such comments shall be submitted to the Regional Hearing Clerk at the address provided below. The procedures by which the public may submit written comments on a proposed Class II order or 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 proposed Consent Agreement/Final Order, 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-07-2022-0081. For Technical questions contact Seth Draper, Enforcement and Compliance Assurance Division, at draper.seth@epa.gov or 913-551-7080. Persons with legal questions may contact Natasha Goss, Office of Regional Counsel, at goss.natasha@epa.gov or 913-551-7752. In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.
| 2022.08.16 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 the University Park Sewer Benefit District and the Riley County Public Works Department for alleged violations stemming from the operation of the University Park Wastewater Treatment Plant, a wastewater treatment facility that discharges treated wastewater to Tuttle Creek Reservoir in Riley County, Kansas.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s):
University Park Sewer Benefit District and Riley County Public Works Department
7102 Redbud Drive
Manhattan, KS 66503
Proposed action: Public Notice of Clean Water Act Administrative Penalty Settlement
Docket ID: CWA-07-2022-0081