U.S. EPA_Notice of Stipulated Penalty Demand rcvd 1-13-2014003 STgtFS
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UNITED STATES ENVIRONMENTAL PROTECTION
REGION 7
11201 Renner Boulevard
Lenexa, Kansas 66219
JAN 0 8 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable Roy D. Buol
Dubuque City Hall
1300 Main Street
Dubuque, Iowa 52001
Re: Notice of Stipulated Penalty Demand
Dear Mayor Buol:
AGENCY
RECEIVED
BY y' — I DATE 1 - 13. )44
�; ►� Garks
On June 27, 2011, the City of Dubuque, Iowa entered into a Consent Decree with the United
States concerning violations of the Clean Water Act. Paragraph 47 of the Consent Decree requires the
City to pay a stipulated penalty of $1,000 to the U.S. and to the State of Iowa for Sanitary Sewer
Overflows occurring after the effective date of the Consent Decree.
On September 12, 2013, The City of Dubuque issued a semi-annual report to EPA in accordance
with the Consent Decree. In the report, the City stated that, on April 18, 2013, approximately 534,000
gallons of untreated waste water from the City's sewer system discharged into the Mississippi River.
This discharge meets the definition of a "Sanitary Sewer Overflow," as defined by Paragraph 7(n) of the
Consent Decree.
Pursuant to Paragraphs 47 and 54 of the Consent Decree, the U.S. Environmental Protection
Agency demands the City of Dubuque to pay a stipulated penalty of $500 to the United States and $500
to the State of Iowa for the sanitary sewer overflow that occurred on or around April 18, 2013. In
accordance with paragraph 54, the stipulated penalty payment is due within thirty (30) days. Stipulated
penalties shall be paid to the United States and the State in accordance with the payment procedures
detailed in paragraphs 31 and 32 of the Consent Decree.
If you have any questions please contact Mr. Paul Marshall of my staff at 913-551-7419.
Sincerely,
Karen Flournoy
Director
Water, Wetlands and Pesticides Division
Printed on Recycled Paper
CC:
Kate Loyd
United States Department of Justice
Environment & Natural Resources Division
Environmental Enforcement Section
P.O. Box 7611
Ben Franklin Station
Washington, D.C. 20044-7611
Jane McAllister, Esq.
Ahlers & Cooney, P.C.
100 Court Avenue, Suite 600
Des Moines, Iowa 50309
Sue Miller
Environmental Specialist
Iowa Department of Natural Resources, Field Office 1
• 909 West Main Street, Suite 4
Manchester, Iowa 52057
David R. Sheridan
Environmental Law Division
Lucas State Office Bldg.
321 E. 12th Street, Room 018
Des Moines, IA 50319
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GENERAL COUNSEL (CNSL)
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