Proposed settlement includes civil penalty of $166,914
The U.S. Environmental Protection Agency (EPA) Region 7 has reached a proposed settlement with Central Missouri AGRIService LLC concerning alleged Clean Water Act violations associated with construction of a railroad loop track and grain loading facility in Marshall, Mo. As part of the settlement, Central Missouri AGRIService has agreed to pay a civil penalty of $166,914 to the U.S.
The U.S. Army Corps of Engineers notified EPA Region 7 in July 2015 that Central Missouri AGRIService had discharged fill material into wetlands and streams without required authorization under the Clean Water Act.
Subsequently, EPA inspected the construction site in November 2015 to evaluate the company’s compliance with its storm water permit and found construction-related activities had occurred on nearly 60 acres of the 130-acre site.
EPA’s inspection identified several Clean Water Act violations, including failure to timely develop a Storm Water Pollution Prevention Plan (SWPPP), failure to develop an adequate SWPPP, failure to update the SWPPP, failure to implement the SWPPP, failure to install or implement adequate storm water control measures, failure to perform and document storm water self-inspections, and failure to notify on-site workers of the SWPPP. The violations resulted in sediment being discharged to unnamed tributaries to North Fork Finney Creek.
The Clean Water Act seeks to protect streams and wetlands that form the foundation of the nation’s water resources. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. The Clean Water Act requires construction sites to have controls in place to limit pollution discharged via storm water into nearby waterways.
Without proper on-site pollution controls, storm water runoff can carry pollutants into waterways and degrade water quality, threatening aquatic life and its habitat and impairing the public’s use and enjoyment of waterways. Protecting streams and wetlands is also part of adapting to climate change impacts like drought, sea level rise, stronger storms and warmer temperatures.
Following EPA inspection, Central Missouri AGRIService took actions to address the observed storm water violations. The company is also working with the Corps of Engineers to return the site to compliance with the Clean Water Act.
The proposed settlement with Central Missouri AGRIService is subject to a 40-day public comment period before it becomes final. Information on how to submit comments is available at www.epa.gov/ks/region-7-table-clean-water-act-public-notices.