Nebraska-Iowa Supply Company - Clean Water Act Public Notice

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 Nebraska-Iowa Supply Company (Respondent), a business located at 1762 Washington Street, Suite 101, PO Box 368, in Blair, Nebraska, 68008, for alleged violations at its facility located at 3341 South 66^th Street, Omaha, Nebraska 68106. 

Under Section 311(b)(6)(B)(ii) of the CWA, 33 U.S.C. § 1321(b)(6)(B)(ii), 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 adequately prepare and implement its Spill Prevention Controls and Countermeasures plan in violation of Section 311(j) of the Clean Water Act, 33 U.S.C. § 1321(j) and 40 C.F.R. Part 112.3. Respondent has reached agreement with EPA on the terms of a proposed Consent Agreement/Final Order that would resolve this matter. Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $ 120,000.00. 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-07-2025-0059. 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 Samantha Pappas, Office of Regional Counsel, at pappas.samantha@epa.gov or (913) 551-7924. 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.

Summary

The EPA is providing notice of a proposed Administrative Penalty Assessment against Nebraska-Iowa Supply Company, a business located at 1762 Washington Street, Suite 101, PO Box 368, in Blair, Nebraska, 68008, for alleged violations at its facility located at 3341 South 66^th Street, Omaha, Nebraska 68106.

​Program/Statute:  Clean Water Act (CWA)

Applicant/Respondent(s):

Docket ID: CWA-07-2024-0059

• Nebraska-Iowa Supply Company proposed Consent Agreement and Final Order (pdf) (291.62 KB)