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: October 2, 2009
Public Comment Closes: November 2, 2009
In the Matter of San Pedro Forklift, Docket No. CWA-09-2009-0006
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)(2)(B), and the Debt Collection Improvement Act of 1996, 31 U.S.C. § 3701, 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 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 of San Pedro Forklift, Docket No. CWA-09-2009-0006
Respondent's name and mailing address:
San Pedro Forklift
2418 E. Sepulveda Boulevard
Long Beach, California 90810
Proposed Penalty Pursuant to EPA's Authority under Section 309(g) of the CWA, 33 U.S.C. § 1319(g): Up to One hundred seventy-seven thousand five hundred dollars ($177,500)
Date EPA Filed Complaint with Regional Hearing Clerk: September 29, 2009
Allegations in the Complaint: EPA alleges that Respondent failed to develop and implement an adequate Stormwater Pollution Prevention Plan, failed to submit a Notice of Intent to the State of California, and discharged stormwater to waters of the United States without a permit in violation of Section 301(a) of the Clean Water Act, 33 U.S.C. Section 1311(a). The discharges occurred at Respondent's facility located at 2418 E. Sepulveda Boulevard, Long Beach, California 90810.
Name, Mailing Address, Telephone Number, and email of Regional Hearing Clerk:
U.S. EPA, Region 9
75 Hawthorne Street ORC-1
San Francisco, CA 94105
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-9-2009-0005), 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.