Public Notice: Proposed Settlement of Clean Water Act Class II Administrative Penalty; Engineering/Remediation Resources Group Inc; Martinez, CA
Summary
EPA is providing notice of a proposed administrative penalty settlement with Engineering/Remediation Resources Group Inc. (Respondent) for violations of the Clean Water Act (CWA) at its facility in the Village of Aua, on the island of Tutuila in American Samoa. EPA alleges the Respondent violated Section 402 of the CWA, 33 U.S.C. § 1342 by discharging pollutants from a point source into waters of the United States in violation of the terms and conditions of its National Pollutant Discharge Elimination System (NPDES) permit.
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, EPA and Respondent have entered into a Consent Agreement and Proposed Final Order (Proposed Consent Agreement) to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. Under the Proposed Consent Agreement, Respondent will pay the United States a civil penalty of $35,000 to resolve this matter.
In the Matter of Engineering/Remediation Resources Group Inc., CWA-09-2025-0119
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: Engineering/Remediation Resources Group Inc., 4585 Pacheco Blvd., Suite 200, Martinez, California 94553.
Description of Business or Activity Conducted by the Respondent: At all times relevant to this action, Respondent operated the Former Aua Fuel Farm Temporary Water Treatment System (Facility) located in the Village of Aua, on the island of Tutuila in American Samoa. The Facility was designed to treat petroleum-contaminated groundwater using oil water separation, bag filtration, granular activated carbon filtration, and clay filtration. Respondent was under contract with the U.S Army Corps of Engineers to operate the Facility to treat groundwater pumped from the American Samoa Power Authority’s excavation trench to install a new sanitary sewer line. Respondent’s discharges to Pago Pago Harbor of pollutants from the Facility were regulated under NPDES Permit No. AS0020048 (Permit) issued on July 12, 2024, by EPA to both U.S. Army Corps of Engineers and Respondent. The Permit became effective immediately upon issuance. Respondent began operating the Facility on August 21, 2024, and discharged to Pago Pago Harbor between August 22, 2024, and August 28, 2024. The Facility’s Outfall Number 001 was a “point source” within the meaning of Section 502(14) of the CWA, 33 U.S.C. § 1362(14), because it was a confined and discrete conveyance from which pollutants were discharged. The Facility was subject to the requirements of Section 402 of the CWA, 33 U.S.C. § 1342 and its NPDES permit.
Summary of Alleged Violations: During the Facility’s initial startup period between August 23, 2024, and August 28, 2024, Respondent: failed to meet effluent limitations as required by Part I.A and Part I.B-Table 1 of the Permit for multiple pollutant parameters; failed to meet the sampling and monitoring requirements, as required by Part I.B of the Permit; failed to meet the general monitoring and reporting requirements as required by Part I.D of the Permit; failed to provide EPA notice of noncompliance within 24 hours of becoming aware of exceedances of maximum daily discharge limits for TPH-DRO and TPH-RRO, and failed to provide EPA a written report of noncompliance within five days of it becoming aware as required by Parts II.B.1.c and II.B.3 of the Permit; failed to include or accurately describe in its Pollution Prevention Plan multiple minimum required pollution prevention measures, best management practices, and components as required by Parts III.A and III.B of the Permit; and, failed to properly operate and maintain bag filters which were installed or used to achieve compliance with the conditions of the permit as required by Parts III.A.2.(a), III.A.3.(4) and C.5 of the Permit.
Proposed Penalty: $35,000
Applicants or Respondents
Engineering/Remediation Resources Group,Inc.4585 Pacheco Blvd.
Suite 200
Martinez, CA 94553
United States
Docket Numbers
- CWA-09-2025-0119