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Public Notice: Precision Marine LLC, Mesa, Arizona; Proposed Settlement of Clean Water Act Class I Administrative Penalty Matter and Opportunity to Comment

How to Comment

Comments accepted through: 09/09/2019

Instructions for Submitting Comments
Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (CWA-09-2019-0056), and a concise statement of the basis for and relevant facts supporting any comment for the case to which you are commenting. Persons wishing to comment on this case, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within 30 days of the date of this public notice (40 C.F.R. § 22.45(b)). All comments received within this 30-day period will be considered in the issuance of the final order.

Name, Mailing Address, Telephone Number, and Email of Regional Hearing Clerk
Steven Armsey
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.gov

For More Information
Persons wishing to receive a copy of Part 22, or review the Consent Agreement and Proposed Final Order may contact the Regional Hearing Clerk identified above. Please note the Code of Federal Regulations is available online at www.ecfr.gov. Unless otherwise noted the public record for the proceeding is located in the EPA Regional Office at 75 Hawthorne Street, San Francisco, California 94105, and the file will be open for public inspection during normal business hours.

Publish Date: 08/09/2019

Summary

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, 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 Precision Marine LLC (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).

Ont August 9, 2019, 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 I civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States an administrative civil penalty of seven thousand two hundred dollars ($7,200.00).

Payment of this penalty will resolve EPA’s allegations that the Respondent violated Section 301(a) of the CWA by discharging industrial stormwater to waters of the United States without having filed for permit coverage and implement best management practices to comply with the State of Arizona’s Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activity from Non-Mining Facilities to Waters of the United States (the Permit) at Precision Marine LLC’s Saguaro Lake facility (“Facility”) from on or around October 18, 2017 through October 18, 2018.

In the Matter of Precision Marine LLC
Docket No. CWA-09-2019-0056

Complainant

Thanne Berg, Acting Assistant Director
Enforcement and Compliance Assurance Division
U.S. EPA, Region 9
75 Hawthorne Street, San Francisco, CA 94105

Respondent

Precision Marine LLC
14011 Bush Highway, Mesa, Arizona 85215

Description of Business or Activity Conducted by the Respondent: Respondent operates a boat maintenance and repair facility and engages in fiberglass repair, application of anti-fouling paint, and power washing of hulls, outside and in uncovered areas exposed to rain.

Alleged Violations

During a June 2018 stormwater inspection, EPA found that the Respondent had no CWA authorization for discharge of pollutants from its Facility. EPA inspectors also observed no stormwater best management practices (BMPs) and no functional equivalent of a stormwater pollution prevention plan (SWPPP) on site at the Facility. EPA inspectors also observed an unauthorized, non-stormwater discharge from an outdoor air cooler flowing through industrial equipment (e.g. boat engines and batteries) stored in the Facility’s outdoor boat maintenance area and into Saguaro Lake.

Proposed Order and Penalty

$7,200

Applicant or Respondent

Precision Marine LLC
14011 Bush Highway
Mesa, AZ 85215

Permit #: NPDES Permit No. AZMSG2010-002