Public Notice: Proposed Settlement with Loeffler Construction Consulting, LLC for Clean Water Act Violations in South Dakota
Summary
EPA is providing notice of an opportunity for the public to comment on a proposed Expedited Penalty Action and Consent Agreement (Consent Agreement) against Loeffler Construction Consulting, LLC (Loeffler). In the Consent Agreement, EPA alleges Loeffler has violated the Clean Water Act (CWA) by failing to comply with a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for Stormwater Discharges from Construction Activities (Project-specific NPDES ID SDR10I03K) at the Porcupine District Government Building construction site located in Porcupine, South Dakota, within the exterior boundaries of the Pine Ridge Reservation.
Background
EPA has alleged that Loeffler violated permit requirements by, for example:
- failing to have records available at the time of the inspection,
- failing to provide a complete Stormwater Pollution Prevention Plan,
- failing to perform and/or adequately document all required inspections,
- failing to document all requirements on the site sign,
- failing to implement control measures along down gradient sides of the site,
- failing to implement control measures within 50’ of a receiving water,
- failing to implement tracking controls,
- failing to implement stockpile controls,
- failing to contain leaking vehicle, and
- failing to properly store/handle all pollutants.
Under the proposed Consent Agreement, Loeffler has agreed to pay a civil administrative penalty of $15,780 to resolve its civil penalty liability for these alleged violations.
The addresses of EPA and Loeffler are listed below:
Complainant
EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. EPA Region 8’s NPDES and Wetlands Section, NPDES and Wetlands Section Supervisor, is identified in the Consent Agreement as the Complainant.
Respondent
Loeffler Construction Consulting, LLC, 9202 202nd St W #100, Lakeville, MN 55044. Loeffler is identified in the Consent Agreement as the Respondent.
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: (1) an opportunity for the person to be assessed the penalty to request a hearing to contest the penalty, and (2) notification to the public of the proposed penalty and its rights to submit written comments and to participate in a Class II penalty proceeding (hearing), if any.
Public Comments
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, 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 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 Regional Hearing Clerk listed in the How to Comment box on this page.
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-08-2026-0005