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