David Cozad, US EPA Region 7, EPA Region 7 Clean Water Act Enforcement--2015/2016, Missouri Water Seminar, September 10-11, 2015, Columbia, MO

David Cozad, US EPA Region 7, EPA Region 7 Clean Water Act Enforcement--2015/2016, Missouri Water Seminar, September 10-11, 2015, Columbia, MO

• 1.
  EPA Region 7Clean Water Act Enforcement – 2015/2016 MISSOURI WATER SEMINAR, 9/11/15 DAVE COZAD, REGIONAL COUNSEL EPA REGION 7
• 2.
  Why Enforcement? #1: Respectfor Rule of Law #2: Stop pollution and stop noncompliance #3: Level playing field #4: Remedy the harm caused by the violation #5: Deterrence: Deter the violator and deter others
• 3.
  Stop the Pollution: BFBy-Products
• 4.
  Stop the Pollution/Fixthe Damage: Shine Bros. ◦ Revise SWPPP ◦ Construct wall between facility and park to stop runoff/debris from getting into park ◦ Reconfigure facility to move most operations and materials storage indoors/under roofs ◦ Enlarge stormwater retention pond, pipe stormwater away from park area ◦ $120,000 penalty ◦ Clean debris from the park and the banks of the pond, followed by laying sod in park.
• 5.
  Level Playing Fieldand Deterrence: U.S. v STABL ◦ Pretreatment case involving Lexington, NE meatpacker ◦ District Court: $1.15M economic benefit, $1.15M gravity ◦ “Stabl’s violations were serious . . .the Court concludes that a civil penalty in an amount twice Stabl’s economic benefit will serve the interests of justice and help deter others from engaging in similar non-compliance ◦ 8th Circuit affirmed
• 6.
  Summary of CWAEnforcement in MO 12 CWA enforcement actions in FY 2015 against facilities in Missouri: ◦ Four industrial stormwater ◦ Three wetlands ◦ Two munis for WWTP effluent violations ◦ One MS4 ◦ One SSO ◦ MODOT ($750k penalty, extensive injunctive relief program) ◦ Other than MODOT: All penalties less than $60k. Average penalty: $23k ◦ 5/12 settlements had SEPs
• 7.
  Coastal Energy Settlement Bulkstorage facility in Willow Springs Violations: ◦ No Facility Response Plan ◦ Inadequate secondary containment ◦ Stormwater violations Settlement: ◦ Five foot berm ◦ $25k cash penalty ◦ $180k of SEPs ◦ Leak detection w/remote notification ◦ Emergency response equipment for locals
• 8.
  SEPs Penalty offset Most commonprojects: Conservation land Stream restoration Green infrastructure Energy Efficiency Some limitations
• 9.
  FY16 CWA InspectionsState Inspection Type IA KS MO NE Tribal Total CAFO 9 5 16 14 39 CSI 11 15 14 3 2 45 IU-CSI 3 2 2 7 Pretreatment 3 3 4 10 SSO 2 2 4 SW Construction 1 6 2 9 SW Industrial 6 7 5 4 22 Total 35 30 49 23 4 141
• 10.
  Thank you!
• 11.
  MODOT Stormwater Settlement