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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 APM Terminals Pacific Ltd.

Publish Date: July 28, 2009 Public Comment Closes: August 29, 2009
In the Matter of APM Terminals Pacific Ltd., Docket No. CWA-09-2009-0001

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).

APM Terminals Pacific Ltd. (“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:

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

Respondent's name and mailing address: 
APM Terminals Pacific Ltd.
2500 Navy Way
Terminal Island, California 90731

Description of Business or Activity Conducted by the Respondent:  Marine Shipping Container Terminal.

Alleged Violation: In the Consent Agreement, EPA alleges that Respondent discharged storm water associated with industrial activity at its marine shipping container terminal facility located at the Port of Los Angeles, California, in violation of the California 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 “Permit”), and in violation of Section 301(a) of the CWA, 33 U.S.C. § 1311(a); (2) Respondent failed to implement best management practices at the facility in violation of the Permit and Section 301(a) of the CWA, 33 U.S.C. § 1311(a); and (3) Respondent failed to develop an adequate storm water pollution prevention plan for the facility in violation of the Permit and Section 301(a) of the CWA, 33 U.S.C. § 1311(a).

Proposed Settlement Penalty: $47,100.

Date Filed with Regional Hearing Clerk:  July 28, 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

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-09-2009-0001), 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 Part 22 or review the proposed Complaint may contact the Regional Hearing Clerk, U.S. EPA, 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.

Consent Agreement and Proposed Final Order (PDF) (16pp, 79K)

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