Public Notice: Shasta-Siskiyou Transport; Proposed Settlement of Clean Water Act Class II Administrative Penalty
Summary
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 Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and Shasta-Siskiyou Transport (“Respondent”) to resolve this CWA Class II civil administrative penalty proceeding.
CWA Section 311(b)(3), 33 U.S.C. § 1321(b)(3), prohibits “[t]he discharge of oil or hazardous substances into or upon the navigable waters of the United States[and] adjoining shorelines…in such quantities as may be harmful….”. Pursuant to CWA Section 311(b)(6)(A), 33 U.S.C. § 1321(b)(6)(A), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility from which oil is discharged in violation of CWA Section 311(b)(3), 33 U.S.C. § 1321(b)(3), maybe assessed a Class I or Class II civil penalty. CWA Section 311(b)(6)(C), 33 U.S.C. § 1321(b)(6)(C), requires EPA to provide public notice of and a reasonable opportunity to comment on its proposed penalties. The specific procedures for conducting CWA Section 311(b)(6)(A), 33 U.S.C. § 1321(b)(6)(A), penalty proceedings are further set forth in the Consolidated Rules of Practice at 40 C.F.R. Part 22.
On April 4, 2024, 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 II civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States a civil administrative penalty of two hundred eight thousand and eight hundred forty dollars and forty-six cents ($208,840.46).
In the Matter of Shasta-Siskiyou Transport, EPA Docket Number CWA-09-2024-0042
Complainant
Amy Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA, 94105
Respondent
Shasta-Siskiyou Transport, Redding, California
Description of Business or Activity Conducted by the Respondent
Respondent owns and operates a commercial fueling transport company incorporated in California with an address at P.O. 990327, Redding, California 96099.
Summary of Alleged Violations
Respondent is or was the owner and operator of a tanker truck that was carrying a fuel product (TransMix, a mixture of gasoline, diesel fuel, and other petroleum distillates) at the intersection of Pine Street and East Street in downtown Redding, California on January 21, 2022, when it overturned. The tanker truck was damaged and discharged TransMix into nearby storm drains, including drains which led directly into Calaboose Creek and subsequently into the Sacramento River. Respondent’s overturned tanker truck discharged oil in such quantities as may be harmful into or upon the navigable waters of the United States and adjoining shorelines in violation of CWA Section 311(b)(3), 33 U.S.C. § 1321(b)(3).
Proposed Penalty
$208,840.46
Applicants or Respondents
Shasta-Siskiyou TransportP.O. Box 990327
Redding, CA 96099
United States
Docket Numbers
- CWA-09-2024-0042