Syllabus

This is an appeal by the U.S. EPA Region V and EPA's Office of Regulatory Enforcement (collectively the "Region") from an Initial Decision issued by Administrative Law Judge William B. Moran ("Presiding Officer") imposing upon Respondent, the City of Marshall, Minnesota ("Marshall"), a civil penalty of $ 6,000 for violations of section 309(g)(1)(A) of the Clean Water Act ("CWA"), 33 U.S.C. § 1319(g)(1)(A), arising from the alleged illegal application of sewage sludge on agricultural land in contravention of regulatory requirements codified at 40 C.F.R. part 503.

Before the Board is a petition seeking review of certain conditions of a prevention of significant deterioration ("PSD") permit, Permit No. 0067-01-C (the "Permit"), issued by the State of Hawaii's Department of Health ("DOH"). The Permit was issued to Maui Electric Company, Ltd. ("MECO"). The petitioner is Waimana Enterprises, Inc. ("Waimana").