EPA proposes Penalty Against Anchorage Water & Wastewater Utility and Pruhs Construction Co., LLC for Clean Water Act Violations
Public Notice Information
Date of Notice: October 14, 2009
Comment Period Ends: November 13, 2009
Case Name: Anchorage Water & Wastewater Utility and Pruhs Construction Co., LLC (Simonson Estates/Pump Station 10 Marston/Foraker)
Complaint Docket Number: CWA-10-2010-0002
How to Submit Comments: In accordance with 40 C.F.R. § 22.45, anyone wishing to comment on or participate in this proceeding must notify the Regional Hearing Clerk within 30 days of this notice. Please provide your name, complete mailing address, and any comments you have on this action.
Action: Proposed Penalty Assessment under the Clean Water Act
Description of Violation and Relief Sought: Pursuant to Section 309(g)(4) of the Clean Water Act (“Act”), the Environmental Protection Agency, Region 10 (“EPA”) is providing public notice of the proposed penalty described below. In order to provide opportunity for public comment, EPA will not take final action in this proceeding prior to 40 days after publication of this notice.
EPA proposes to commence an administrative penalty action against Anchorage Water & Wastewater Utility and Pruhs Construction Co., LLC (“Respondents”) for violation of the Clean Water Act (“CWA”). EPA alleges that Respondents are in violation of its National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Discharges from Construction Activities (“CGP”) authorized under Section 402 of CWA. Violations include failing to comply with conditions and requirements specified in the CGP. EPA proposes to assess a penalty in the amount of $9,850.
Persons wishing to comment on EPA’s proposed action or to become participants in this action may do so by submitting their address and telephone number, along with written comments, to the Regional Hearing Clerk at the address above within 30 days of the date of this notice. This is a Class II administrative penalty proceeding, governed by Section 309(g)(2)(B) of the CWA and the procedural rules found at 40 C.F.R. Part 22. The requirements that apply to public comment and participation are set forth in 40 C.F.R. § 22.45.
Name of Case: Anchorage Water & Wastewater Utility and Pruhs Construction Co., LLC (Simonson Estates/Pump Station 10 Marston/Foraker)
Docket Number of the Complaint: CWA-10-2010-0002
Name and address of Complainant:
Edward J. Kowalski, Director
Office of Compliance and Enforcement
U.S. Environmental Protection Agency
Region 10 (OCE-164)
1200 Sixth Avenue, Suite 900
Seattle, Washington 98101
Name and address of Respondent:
Anchorage Water & Wastewater Utility
3000 Arctic Boulevard
Anchorage, Alaska 99501
and
Pruhs Construction Co., LLC
2193 Viking Drive
Anchorage, Alaska 99501
Name, address, and telephone number of Regional Hearing Clerk:
Carol Kennedy, Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 10 (ORC-158)
1200 Sixth Avenue, Suite 900
Seattle, Washington 98101
(206) 553-0242
Location of Facility: Simonson Estates/Pump Station 10 Marston/Foraker, 1949 Marston Anchorage, Alaska
Applicable Permit No.: AKR10C768/AKR10C749
Business/activity of Respondents: Construction
Comments Accepted: In accordance with 40 C.F.R. § 22.45, any person wishing to comment on or participate in this proceeding must notify the Regional Hearing Clerk within 30 days of this notice. The person must provide a name, complete mailing address, and any comments the person has on this action.
A copy of the administrative complaint is available for review and copying between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, at EPA’s Seattle Office (see address listed above).
For any additional information on this action, please contact Chris Gebhardt at (206) 553-0253.