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Pacific Southwest, Region 9

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

Notice of Proposed Settlement of Clean Water Act Class II Administrative Penalty Matter and Opportunity to Comment in the Matter of Tony’s Fine Foods.

Publication Date:  December 22, 2009
Public Comment Closes:  January 21, 2010

In the Matter of Tony’s Fine Foods, Docket No. CWA-09-2010-0001

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).

Tony’s Fine Foods (“Respondent”) agrees to the issuance of this Consent Agreement and Proposed Final Order (“settlement”). In accordance with Section 309(g) of the Act, 33 U.S.C. § 1319(g), EPA is hereby providing public notice of, and the opportunity to comment on, this proposed settlement in the following matter:

In the Matter of Tony’s Fine Foods, Docket No. CWA-09-2010-0001

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

Respondent’s name and mailing address: Tony’s Fine Foods, 3575 Reed Avenue, P.O. Box 1501, West Sacramento, California 95605-1501.

Description of Business or Activity Conducted by the Respondents: Cold Storage Warehouse

Alleged Violations: In the Consent Agreement, EPA alleges that Respondent discharged ammonia through the Yuba City storm drains into waters of the United States, the Gilsizer Slough, Sutter Bypass and Feather River, without authorization of a National Pollutant Discharge Elimination System (NPDES) permit in violation of Section 301(a) of the CWA, 33 U.S.C. § 1311(a).

Proposed Settlement Penalty: $11,000.

Date Filed with Regional Hearing Clerk: December 21, 2009

Name, Mailing Address, Telephone Number, and Email Address 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
r9hearingclerk@epa.gov

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 (Docket No. CWA-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 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. 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 40 C.F.R. Part 22 or review the Consent Agreement and Proposed Final Order (PDF) (11 pp, 87K) (also available on the EPA Region 9 website) may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at Government Printing Office, Code of Federal Regulations (CFR) Main Page Exiting EPA (disclaimer). During the comment period, the public record for the proceeding may also be inspected during business hours at the office of the Regional Hearing Clerk (address above).

Consent Agreement and Proposed Final Order (PDF) (11 pp, 87K)

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