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Public Notice: Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment: In the Matter of Detroit Diesel Corporation

Publish Date: 04/04/2019

Summary

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA” or “Act”), 42 U.S.C. § 300h-2(c)(3)(B), and the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (“Consolidated Rules”) 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 Detroit Diesel Corporation to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Detroit Diesel Corporation, Docket No. UIC-09-2019-0032

Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States a penalty of one hundred and twenty-nine thousand dollars ($129,000). Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating one (1) large-capacity cesspool (“LCC”) after the ban on existing LCCs took effect on April 5, 2005.

Complainant

Amy C. Miller, Acting Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent

Detroit Diesel Corporation

Facility

Freightliners of Hawaii, 91-265 Kalaeoloa Blvd., Kapolei, HI, 96707.

Description of Business or Activity Conducted by the Respondent

Heavy-duty truck dealership and service center.

Alleged Violations

EPA alleges that Respondent owns and/or operates one (1) LCC in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88. Respondent officially backfilled the LCC on January 17, 2019.

Proposed Order and Penalty

$129,000

Date Filed with Regional Hearing Clerk

April 04, 2019

Applicant or Respondent

Detroit Diesel Corporation: Freightliners of Hawaii
13400 Outer Drive West
Detroit,, MI 48239

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