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Pacific Southwest, Region 9

Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations

Notice of Issuance of Administrative Complaint, Assessment of Clean Water Act Class II Administrative Penalty, and Opportunity to Comment

Publish Date:  September 29, 2008
Public Comment Closes:  October 29, 2008

In the Matter of American Metals and Iron, Inc., Docket No. CWA-09-2008-0003

The United States Environmental Protection Agency, Region 9 (“EPA”), is authorized under Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), to assess civil penalties after providing the persons subject to the penalty notice of the proposed penalty and an opportunity for a hearing, and after providing interested persons public notice of the proposed penalty and a reasonable opportunity to comment on its issuance.

Under Section 309(g), any person who, without authorization, discharges a pollutant to a navigable water, as those terms are defined in Section 502 of the Act, 33 U.S.C. § 1362, may be administratively assessed a civil penalty of up to $157,500 for a Class II penalty by EPA.

Class II proceedings for Section 309(g) of the CWA are conducted in accordance with the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation /Termination or Suspension of Permits,” 40 C.F.R. Part 22, 64 Fed. Reg. 40176 (July 23, 1999).

EPA hereby gives notice that it has filed an “Administrative Complaint, Findings of Violation, Notice of Proposed Assessment of Civil Penalty, and Notice of Opportunity for a Hearing Thereon” (“Complaint”) in the following matter:  In the Matter American Metals and Iron, Inc., Docket No. CWA-09-2008-0003.

Respondent’s name and mailing address: American Metal & Iron, Inc., 11665 Berryessa Road, San Jose, California 95133. 

Proposed Penalty Pursuant to EPA’s Authority under Section 309(g) of the CWA, 33 U.S.C. § 1319(g): up to $157,500.

Date EPA Filed Complaint with Regional Hearing Clerk:  September 29, 2008

Allegations in the Complaint:  EPA alleges that Respondent discharged industrial storm water into waters of the United States in violation of Section 301(a) of the Clean Water Act, 33 U.S.C.  § 1311(a).  The discharges occurred at two scrap and waste material handling facilities owned and operated by Respondent, one at 11665 Berryessa Road, San Jose, CA 95133 and the other at 1045 Commercial Court, San Jose, CA 95133.  Because Respondent did not implement adequate pollution control measures, storm water run off at the facilities entered the City of San Jose's municipal separate storm sewer system and discharged into Coyote Creek before flowing into San Francisco Bay.  

Name, Mailing Address, Telephone Number, and email of Regional Hearing Clerk:

Danielle Carr
U.S. EPA, Region 9
75 Hawthorne Street ORC-1
San Francisco, CA 94105
(415) 972-3871

Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email, the Docket Number (CWA-9-2008-0003), and a concise statement of the basis for and relevant facts supporting any comment.

Persons wishing to comment on this proposal to assess a civil penalty, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address and email above), within 30 days of the date of this public notice.

All comments received within this 30 day period will be considered by EPA before it issues the final order assessing a penalty.  If the 30th day of the comment period falls on a Saturday, Sunday, or federal holiday, the deadline for commenting shall be extended to the next business day.  See 40 C.F.R. 22.7(a).  In order to provide opportunity for public comment and in accordance with 40 C.F.R. 22.45(b), EPA will not take final action in this proceeding prior to forty (40) days after issuance of this notice.

For More Information

Persons wishing to receive a copy of Part 22 or review the proposed Complaint may contact the Regional Hearing Clerk:  U.S. EPA, Region 9, 75 Hawthorne, ORC-1, San Francisco, CA 94105, (415) 972-3871, or by email at r9hearingclerk@epa.gov.  During the comment period, the Complaint may also be inspected during business hours at the office of the Regional Hearing Clerk.

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