EPA proposes Penalty Against Idaho Transportation Department and Parsons RCI, Inc. for Clean Water Act Violations
Public Notice Information
Date of Notice: October 14, 2009
Comment Period Ends: November 13, 2009
Case Name: Idaho Transportation Department and Parsons RCI, Inc.
Complaint Docket Number: CWA-10-2009-0247
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 action 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 the Idaho Transportation Department and Parsons RCI, Inc. (“Respondents”) for violations of the Clean Water Act (“CWA”). EPA alleges that the Respondents are in violation of the National Pollutant Discharge Elimination System (“NPDES”) Storm Water Construction General Permit authorized under Section 402 of CWA. Violations include incomplete stormwater pollution prevention plan, failure to initiate stabilization measures, and failure to implement sediment controls. EPA has proposed the assessment of a civil penalty in the amount not to exceed $177,500.
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: Idaho Transportation Department and Parsons RCI, Inc.
Docket Number of the Complaint: CWA-10-2009-0247
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 Respondents:
Scott Stokes, Acting Director
Idaho Transportation Department
3311 West State Street
Boise, Idaho 83707-1129
and
Andrew Albrecht, President
Parsons RCI, Inc.
1216 140th Avenue Court East
Sumner, Washington 98390
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
Seattle, Washington 98101
(206) 553-0242
Location of Facility: US-95 in Sandpoint, Idaho
Applicable Permit No.: IDR10BX99
Business/activity of Respondent: 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 Chae Park at (206) 553-1441.