U.S. EPA_Notice of Stipulated Penalty Demand rcvd 1-3-2014it* tuia0
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY "fga,
REGION 7
11201 Renner Boulevard RECEIVED
Lenexa, Kansas 66219
DEC 3 0 2013
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:
14JAN--3 All 10:33
Cite Clerk's Office
Dubuque, IA
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 the U.S. Environmental
Protection Agency in accordance with the Consent Decree. In the report, the City stated that, on
April 14, 2013, approximately 540,000 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 14, 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
1
cc: Kate LQ �a
United' ates T1epartmenT off 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, Iowa 50319
REL.
14 JAN -3 AM 10: 33
City Clerk's Office
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