EPA is providing notice of a proposed administrative penalty assessment for alleged violations of the Clean Water Act. EPA is also providing notice of opportunity to comment on the proposed penalty assessment.
Under 33 U.S.C. §1319(G), EPA is authorized to issue orders assessing civil penalties for various violations of the act. EPA may issue such orders after the commencement of a Class I or Class II penalty proceeding. EPA provides public notice of the proposed assessment pursuant to 33 U.S.C. §1319(G)(4)(A).
Administrative civil penalty proceedings are conducted under EPA's “consolidated rules of practice governing the administrative assessment of civil penalties, issuance of compliance or corrective action orders and the revocation, Termination or suspension of permits”, 40 CFR Part 22. The procedures through which the public may submit written comment on a proposed administrative penalty action or participate in a Class I proceeding, and the procedures by which a respondent may request a hearing, are set forth in the consolidated rules. The deadline for submitting public comment on this administrative penalty proceeding is Thirty (30) days after issuance of Public Notice.
On the date identified below, EPA commenced the following administrative action for the assessment of Administrative civil penalties: in the matter of Ducommun Incorporated, D/B/S Ducommun Aerostructures New York, Inc., 2 Flint Mine Road, Coxsackie, New York, 12051, Docket No. CWA-02- 2016-3303; filed on October 19, 2015 with Regional Hearing Clerk Karen Maples, U.S. EPA, Region 2, 290 Broadway, 16 Floor, New York, New York 10007 (212) 637-3247; Proposed Penalty: $37,160, for failure to Comply with reporting requirements as required by the 40 CFR Part 403.12 (E) general pretreatment regulations since at least December 2010 and for failure to sample for parameters Regulated in the pretreatment regulations as required by the 40 CFR Part 403.12(B) and (E) since at least December 2010. EPA has provided the respondent with a settlement offer of $23,474 in an effort to promptly settle this matter.
Program/Statute: Clean Water Act (CWA)
Applicant/Respondent(s): Ducommun Incorporated, d/b/a Ducommun AeroStructures New York, Inc.
2 Flint Mine Road, Coxsackie, NY 12051
Proposed action: Notice of Proposed Administrative Penalty Assessment and Opportunity to
Permit or application number: N/A
Docket ID: CWA-02-2016-3303
Proposed Penalty: $37,160You may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more.