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

In the Matter of Safety-Kleen Systems, Inc.

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

Docket No. OPA-09-2015-0001

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).

Safety-Kleen Systems, 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 proposed settlement.

In the Matter of Safety-Kleen Systems, Inc., Docket No. OPA-09-2015-0001

Complainant:

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

Respondent's name and mailing address:

Safety-Kleen Systems, Inc.
6880 Smith Street
Newark, California 94560

Description of Business or Activity Conducted by the Respondent: Oil Recycling and Storage.

Alleged Violation: In the Consent Agreement, EPA alleges that, as of EPA’s inspection on January 27, 2014, Respondent had failed to comply with the applicable Spill Prevention Countermeasures and Control requirements of the Oil Pollution Prevention regulations, specifically in: failing to provide for secondary containment around an oil storage area that is sufficient to contain the contents of the single largest tank plus sufficient freeboard to allow for precipitation, as required at 40 C.F.R. § 112.7(c); failing to provide secure and controlled access to oil handling, processing and storage areas, including loading/unloading connections, as required at 40 C.F.R. § 112.7(g); and failing to provide for all containers to be engineered or updated in accordance with good engineering practices to avoid discharges, which may include liquid level alarms, as required at 40 C.F.R. § 112.8(c)(8). EPA also alleges that Respondent also had failed to comply with the applicable Facility Response Plan requirements of the Oil Pollution Prevention regulations, specifically in failing to provide a complete FRP, as required by 40 C.F.R. § 112.20.

Proposed Settlement Penalty: $90,000.

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-09-2015-0001), 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 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) (7 pp, 2.2MB) 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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