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Pacific Southwest, Region 9

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

Notice of Issuance of Administrative Complaint, Assessment of Clean Water Act Class II Administrative Penalty, and Opportunity to Comment in the Matter of Eagle Marine Ltd.

Publication Date:  October 7, 2009
Public Comment Closes:  November 9, 2009

In the Matter of Eagle Marine Ltd.
Terminal Island, California, Docket No. CWA-09-2009-0004

The United States Environmental Protection Agency, Region IX (“EPA”), is authorized under Section 309(g) of the Clean Water Act (“CWA” or “the Act”), 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) of the CWA, any person who discharges a pollutant to a navigable water in violation of a permit issued pursuant to Section 402 of the Act, 33 U.S.C. § 1342, 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 Eagle Marine Ltd.
Docket No. CWA-09-2009-0004

Respondent’s name and mailing address:

Eagle Marine Ltd.
614 Terminal Way
Terminal Island, California 90731

Description of Business or Activity Conducted by the Respondents:  Marine Cargo Handling  

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. § 1319(g). The alleged violations cited are of Section 301(a) of the CWA, 33 U.S.C. § 1311(a). In the Complaint, EPA alleges that Respondent violated Section 301(a) of the CWA by failing to comply with 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”) at its facility located at 614 Terminal Way, Terminal Island, at the Port of Los Angeles.  The General Permit was issued pursuant to Section 402 of the Act, 33 U.S.C. § 1342. EPA specifically alleges that Respondent violated Section 301(a) of the CWA by failing to comply with General Permit requirements to develop an adequate storm water pollution prevention plan, monitoring program, and implement best management practices to control the runoff of pollutants in storm water to the Los Angeles Harbor.

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 Filed with Regional Hearing Clerk:  September 28, 2009

Name, Mailing Address, Telephone Number, and email 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

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-09-2009-0004), 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.

Complaint, Notice of Proposed Penalty and Notice of Opportunity for Hearing (PDF) (16 pp, 87K)

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