Notice of Proposed Settlement of Clean Water Act Class II Administrative Penalty Matter and Opportunity to Comment

In the Matter of Cargill, Inc.

Comment Opens: August 5, 2015
Public Comment Closes: September 9, 2015

Docket No. OPA-09-2015-0002

The United States Environmental Protection Agency, Region IX ("EPA"), is authorized under Section 311(b)(6)(B)(ii) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(6)(B)(ii), 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 311(b)(6), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility who fails or refuses to comply with any regulation issued under subsection 311(j) to which that owner, operator, or person in charge is subject, may be assessed a civil penalty. Class II proceedings for Section 1321(b)(6)(B)(ii) 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).

Cargill, Inc. ("Respondent") agrees to the issuance of this Consent Agreement and Proposed Final Order ("settlement"). In accordance with Section 311(b)(6)(B)(ii) of the Act, 33 U.S.C. § 1321(b)(6)(B)(ii), EPA is hereby providing public notice of, and the opportunity to comment on, the CWA portion of this proposed settlement in the following matter:

In the Matter of Cargill, Inc., Docket No. OPA-09-2015-0002

Complainant:

Kathleen Johnson
Director, Enforcement Division
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105

Respondent's name and mailing address:

Cargill, Inc.
600 North Gilbert Street
Fullerton, California

Description of Business or Activity Conducted by the Respondent: Vegetable oil terminal and packaging facility.

Alleged Violations: In the Consent Agreement, EPA alleges that Respondent failed to amend and recertify its Spill Prevention Countermeasures and Control (“SPCC”) plan for its Fullerton facility following a change to its facility as required by 40 C.F.R § 112.5; Respondent failed to conduct and document a review and evaluation of the SPCC plan at least once every 5 years as required by 40 C.F.R. § 112.5(b); Respondent failed to provide adequate general containment and drainage controls as required by 40 C.F.R. § 112.7(c); Respondent failed to ensure that the secondary containment walls of the East Tank Farm were sufficiently impervious to contain spilled oil as required by 40 C.F.R. § 112.12(c)(2); and Respondent failed to remove accumulations of oil outside of primary containers such as tanks and piping, transfer areas and process area collection trenches, as required by 40 C.F.R. § 112.12(c)(10).

Proposed Settlement Penalty: $45,000.

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. OPA-9-2015-0002), 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 thirty (30) 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, 3.2MB) may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) Web site. 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).

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