OPA-09-2023-0009: Penny Newman Grain Company; Consent Agreement and Proposed Final Order
In accordance with Clean Water Act (CWA) Sections 311(b)(6)(A) and (B)(ii), 33 U.S.C. § 1321(b)(6)(A) and (B)(ii), as amended by the Oil Pollution Act of 1990, 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 CA/FO), between EP Region 9 and Penny Newman Grain Company to resolve a CWA Class II civil administrative penalty proceeding.
In the Matter of Penny Newman Grain Company, Docket No. OPA-09-2023-0009
Complainant: Amy C. Miller-Bowen, Director, Enforcement Division, U.S. EPA, Region IX, 75 Hawthorne Street . San Francisco, CA 94105
Respondent's name and mailing address: Penny Newman Grain Company, 2691 S. Cedar Avenue, Fresno, CA 93725
Description of Business or Activity Conducted by the Respondent: Respondent is bulk cargo terminal facility for grain and agriculture byproduct storage and transloading incorporated in California. Respondent’s facility is located at 1805 Harbor Road in Stockton, California, and its principal place of business is at 2691 S. Cedar Avenue in Fresno, California.
Summary of Alleged Violations: In the Proposed CA/FO, EPA alleges that Respondent failed to develop a Spill Prevention Control and Countermeasure Plan and a Facility Response Plan in violation of regulations issued pursuant to 311(j) of the CWA, 33 U.S.C. 1321(j). Additionally, Respondent discharged oil in such quantities as “may be harmful,” as defined in 40 C.F.R. § 110.3(b), into or upon the Stockton Deep Water Channel, a navigable water of the United States, and adjoining shorelines in violation of Section 311(b)(3) of the CWA, 33 U.S.C. §1321(b)(3).
Proposed Settlement Penalty: $112,866