2008-08-28_ENFORCEMENT - M1983194

• Permit No: M1983194
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/28/2008
• Doc Name: EPA issues violation
• From: United States Environmental Protection Agency
• To: Natural Soda, Inc.
• Email Name: SSS
• Media Type: D
• Archive: No

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In the Matter of:
UNITED STATES
ENVIRONMENTAL PROTECTION Affll?,CYC26v
?.,4. t_ P?7
REGION 8
Docket No. SDWA-08-2008-069, ,
Natural Soda, Inc.
a Colorado company,
Respondent.
PENALTY COMPLAINT AND NOTICE
OF OPPORTUNITY FOR HEARING
(COMPLAINT)
Proceedings under Section 1423(c)
of the Safe Drinking Water Act
42 U.S.C. 300h-2(c)
INTRODUCTION
1. This civil administrative enforcement action is authorized by Congress in section
1423(c) of the Public Health Service Act, also known as the Safe Drinking Water
Act (SDWA or the Act). 42 U.S.C. § 300h-2(c). The Environmental Protection
Agency (EPA) regulations authorized by the statute are set out in title 40 of the
Code of Federal Regulations (C.F.R.), parts 144-148, and violations of the statute,
permits or EPA regulations constitute violations of the Act. The rules for this
proceeding are the "Consolidated Rules of Practice Governing the Administrative
Assessment of Civil Penalties, Issuance of Compliance or Corrective Action
Orders and the Revocation, Termination or Suspension of Permits" (Rules of
Practice), 40 C.F.R. part 22, a copy of which is enclosed.
2. The undersigned EPA official has been properly delegated the authority to issue
this action.
3. EPA alleges that Natural Soda, Inc. (hereinafter referred to as Respondent) has
violated the regulations, and therefore the Act, and proposes the assessment of a
civil penalty and the imposition of a compliance schedule, as more fully explained
below.
NOTICE OF OPPORTUNITY FOR A HEARING
4. Respondent has the right to a public hearing before a presiding officer within the
Agency to (1) disagree with any fact alleged by EPA in the complaint, (2) state
the grounds for any legal defense, or (3) disagree with the appropriateness of the
proposed penalty.
5. To disagree with the complaint and assert its right to a hearing, Respondent must
file a written answer (and one copy) with the Region 8 Hearing Clerk at the
following address within 30 calendar days of receiving this complaint:
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