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

Publish Date: September 21, 2009
Public Comment Closes: October 21, 2009

In the Matter of American Marine Corporation, Terminal Island, California, Docket No. CWA-09-2009-0003

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 American Marine Corporation
Docket No. CWA -09-2009-0003

Respondent’s name and mailing address:

American Marine Corporation
1500 S. Barracuda Street, Berth 270-271
Terminal Island, California 90731-7357

Description of Respondent’s Business:

Towing and Tug Boat Services; Water Transportation of Freight
Proposed Penalty Pursuant to EPA’s Authority under Section 309(g) of the CWA, 33 U.S.C. § 1319(g):
Up to $177,500

Date EPA Filed Complaint with Regional Hearing Clerk:
September 17, 2009

Allegations in the Complaint:

EPA intends to assess administrative penalties up to the statutory maximum of $177,500 under the authority of Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. Section 1319(g). The alleged violations cited are of Sections 301(a) and 308(a) of the CWA, 33 U.S.C. Sections 1311(a) and 1318(a). In the Complaint, EPA alleges that Respondent violated Section 308(a) of the CWA by failing to timely obtain coverage under California’s National Pollutant Discharge Elimination System (NPDES) permit for Storm Water Discharges Associated with Industrial Activity (No. CAS000001/Water Quality Order No. 97-03-DWQ) (“the General Permit”) for the discharge of pollutants in storm water from Respondent’s facility located at 1500 S. Barracuda Street, Berth 270-271, Terminal Island, at the Port of Los Angeles. EPA also alleges that after Respondent violated Section 301(a) of the CWA by failing to develop an adequate storm water pollution prevention plan and monitoring program after Respondent obtained coverage under California’s General Permit in 2008.

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, the Docket Number (CWA-09-2009-0003), 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.