Public Notice: 2016-01, In the matter of ProLogis


EPA is providing notice of a proposed administrative penalty assessment for alleged violations of the Clean Water Act (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 an administrative penalty 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 civil penalty proceeding is thirty (30) days after issuance of this Public Notice.

On October 5, 2015, EPA commenced the following administrative action for the assessment of administrative civil penalties: In the matter of ProLogis at One Capital Drive Suite 103, Cranbury, New Jersey 08512, Docket No.CWA-02-2016-3301 with a proposed penalty of $5000 for failure to comply with New Jersey Pollutant Discharge Elimination System (“NJPDES”) Construction Activity Storm Water General Permit at the ProLogis, Port Reading Business Park site located on and around 1115 West Middlesex Avenue, Woodbridge and Carteret, New Jersey as required by the storm water regulations.

Program/Statute:  Clean Water Act (CWA)

Applicant/Respondent(s): ProLogis, One Capital Drive Suite 103, Cranbury, New Jersey 08512

Proposed action:  CLASS I ADMINISTRATIVE PENALTY ORDER, Expedited Settlement Offer

Permit or application number: N/A

Docket ID: CWA-02-2016-3301

Proposed Penalty: $5000

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