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Pacific Southwest, Region 9

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

Notice of Proposed Administrative Penalty Assessment for Clean Water Act Violations and Opportunity to Comment in the Matter of the Alco Iron and Metal Company

Publish Date:  March 10, 2011
Public Comment Closes:  Monday, April 11, 2011

In the Matter of Alco Iron and Metal Company
Docket No. CWA- 09-2011-0002

EPA is authorized under Section 309(g) of the Clean Water Act (the "Act"), 33 U.S.C. 1319(g), to assess administrative civil penalties against 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 assessed a penalty in a ``Class II'' administrative penalty proceeding. Class II proceedings under section 309(g) 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" ("Consolidated Rules"), set forth at 40 C.F.R. Part 22.

In accordance with requirements of Section 309(g)(4) of the Act, 33 U.S.C. §1319(g)(4), and 40 C.F.R. §22.45(b), EPA is hereby providing public notice of and opportunity to comment on this proposed Consent Agreement in the following matter:

In the Matter of: Alco Iron and Metal Company, Docket No. CWA- 09-2011-0002

Complainant: Alexis Strauss, Director, Water Division, U.S. EPA, Region IX,
75 Hawthorne Street, San Francisco, CA 94105

Respondent: Alco Iron and Metal Company, 1091 Doolittle Drive, San Leandro, CA 94577

Description of Business or Activity Conducted by the Respondents: Scrap metal recycling and processing facility at the Port of Stockton, California.

Alleged Violations: In the proposed Consent Agreement, EPA alleges that Respondent failed to comply with the requirements of Sections 301(a) and 308(a) of the Clean Water Act, 33 U.S.C. 1311(a), 1318(a).

Proposed Order and Penalty: The proposed Consent Agreement assesses an administrative penalty of $50,000.
Date Filed with Regional Hearing Clerk: March 3, 2011

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

Steven Armsey
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919

Instructions for Submitting Comments:

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 address, the Docket Number (UIC-09-2010-0001), and a concise statement of the basis for and relevant facts supporting any comment for the case to which you are commenting.

Persons wishing to comment on this case, 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 above), within 30 days of the date of this public notice.

All comments received within this 30-day period will be considered prior to the issuance of the final order. See 40 C.F.R. § 22.45(b). If the 30th day of the comment period falls on a Saturday, Sunday or federal holiday, the deadline shall be extended to the next business day. See 40 C.F.R. 22.7(a).

For More Information:

Persons wishing to receive a copy of the Consolidated Rules, review the documents filed by the parties in this proceeding, comment upon the proposed order and penalty assessment, or participate in any hearing that may be held, may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at www.gpoaccess.gov/cfr. Unless otherwise noted, the public record for the proceeding is located at the office of the Regional Hearing Clerk (address above) and the file will be open for public inspection during normal business hours.

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