Public Notice of Proposed Settlement of Clean Water Act Class I Administrative Penalty Matter and Opportunity to Comment: In the Matter of Direct Pack, Inc.
NPDES Permit No. CAS000001
Docket No. CWA-09-2017-0003
In accordance with Section 309(g) of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(g), and the Consolidated Rules of Practice at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Proposed Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and Direct Pack, Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).
On June 28, 2017, pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this CWA Class I civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States an administrative civil penalty of forty-two thousand, nine hundred dollars ($42,900.00).
Payment of this penalty will resolve EPA’s allegations that the Respondent violated Sections 301(a) and 402 of the CWA by failing to comply with the State of California’s National Pollutant Discharge Elimination System General Permit for Storm Discharges Associated with Industrial Activities at Direct Pack’s Sun Valley plastic manufacturing facility (“Facility”) from on or around July 1, 2015 through December 16, 2016.
In the Matter of Direct Pack, Inc., Docket No. CWA-09-2017-0003
Thanne Berg, Acting Assistant Director, Water & Pesticides Branch
U.S. EPA, Region 9
75 Hawthorne Street
San Francisco, CA 94105
Direct Pack, Inc., 12243 Branford Street, Sun Valley, CA 91352
Description of Business or Activity Conducted by the Respondent
Plastic products manufacturing.
During a December 2015 stormwater inspection, EPA found that Respondent had failed to implement adequate best management practices at its Facility and had also failed to comply with its stormwater pollution prevention plan. EPA inspectors observed Facility personnel rinsing plastic debris off floormats and observed soapy wastewater entering the Facility’s storm drain inlet, discharging pollutants into the local waterways. The inspectors also found leaked or spilled nurdles throughout the Facility’s materials handling area that could be mobilized during a storm event. These deficiencies likely resulted in nurdles polluting Tujunga Wash, a tributary to the Los Angeles River.
Proposed Order and Penalty