Randal Deverger - 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 Randal Deverger, (Respondent) for alleged violations of the CWA associated with land clearing activities at 2772 Stonehouse Road, De Soto, Missouri.

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.

The EPA and Respondent have agreed to enter a Consent Agreement and Final Order (“CA/FO”) to resolve the alleged violations of the stormwater requirements described below. In this case, the EPA alleges that Respondent violated the requirements of its National Pollutant Discharge Elimination System Permit (Permit Number MORA25287). Specifically, the EPA alleges that Respondent failed to develop and implement an adequate Stormwater Pollution Prevention Plan, failed to implement adequate control measures, failed to install and/or maintain best management practices required to limit sediment discharges associated with land clearing. Under the proposed CA/FO, Respondent will pay a civil penalty of $35,300. Final approval of the proposed CA/FO 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 CA/FO, 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-07-2024-0143. For technical questions contact Zachary Leibowitz, Enforcement and Compliance Assurance Division, at Leibowitz.zachary@epa.gov or 913-551-7553. Persons with legal questions may contact Kristina Gonzales, Office of Regional Counsel, at Gonzales.kristina@epa.gov or 913-551-7216. 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 Randal Deverger, (Respondent) for alleged violations of the CWA associated with land clearing activities at 2772 Stonehouse Road, De Soto, Missouri

​Program/Statute:  Clean Water Act (CWA)

Applicant/Respondent(s):

Docket ID: CWA-07-2024-0143

• Randal Deverger proposed Consent Agreement and Final Order (pdf) (2.58 MB)