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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

Publication Date:  September 29, 2010
Public Comment Closes: October 28, 2010

In the Matter of Hawaii Stevedores, Inc.

Docket No. CWA-09-2010-0005

The United States Environmental Protection Agency, Region IX (“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 $177,500 for a Class II penalty by EPA. Class II proceedings for Section 309(g) of the Clean Water Act are conducted in accordance with the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, Revocation/Termination or Suspension of Permits,” (“Part 22”) 40 C.F.R. Part 22, 64 Fed. Reg. 40138 (July 23, 1999).

EPA hereby gives notice that it has filed an Administrative Complaint, Notice of Proposed Penalty, and Notice of Opportunity for a Hearing (“Complaint”) in the following matter:

In the Matter of Hawaii Stevedores, Inc. - Docket CWA-09-2010-0005

Respondents: Hawaii Stevedores, Inc. 965 North Nimitz Highway Honolulu, HI 96817-4572

Description of Business or Activity Conducted by the Respondents: Marine Cargo Handling Services

Allegations in the Complaint: EPA alleges that Respondent violated CWA Section 301(a), 33 U.S.C. Section 1311(a), by discharging pollutants to a water of the United States without a permit. In particular, EPA alleges that Respondent discharged stormwater associated with industrial activities into Honolulu Harbor without a National Pollutant Discharge Elimination System (NPDES) permit. In addition, EPA alleges that Respondent violated Section 308(a) of the CWA by failing to submit a Notice of Intent under the Hawaii NPDES General Permit Authorizing Discharges of Stormwater Associated with Industrial Activities or an individual permit application.

Proposed Penalty Pursuant to Section 309(g) of the CWA, 33 U.S.C. § 1319(g): Up to $177,500

Date Filed with Regional Hearing Clerk:  September 27, 2010

Name, Mailing Address, Telephone Number, and email 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, the Docket Number (CWA-09-2010-0005), and a concise statement of the basis for and relevant facts supporting any comment. Persons wishing to comment on this matter, 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 by EPA before it issues the final order. 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. Environmental Protection Agency, 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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