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Public Notice: Proposed Settlement of Clean Water Act Class II Administrative Penalty; Golden Valley Transfer Inc., Bakersfield, CA

How to Comment

Comments accepted through: 03/19/2021

Please provide your full name and mailing address. Please submit your comment in writing stating that you are providing comments on the proposed assessment of a penalty pursuant to CWA Sections 311(b)(6)(A) and (B)(ii), 33 U.S.C. § 1321(b)(6)(A), and (B)(ii), and intend to participate in the proceeding. Please include the following Docket Number CWA-09-2021-0019 with your comments.

All comments must be submitted in writing, either by email or mail, to the Regional Hearing Clerk (e-mail and mailing addresses below), within 30 days of the date of this public notice (see 40 C.F.R. § 22.45(b)). If the 30th day of the comment period falls on a Saturday, Sunday, or federal holiday, the deadline shall be extended to the next business day. EPA will consider all comments received within this 30-day comment period before issuance of the final order. Please note that 40 C.F.R. Part 22, the federal regulations governing these proceedings, can be found online at www.ecfr.gov.

We encourage electronic submittals, including in addition to any required hard copy submissions, but if you are unable to submit electronically or need other assistance, please reach out to the contact listed in the notice or regulation or, if unavailable, the responsible EPA program’s general contact email or phone number.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to the listed contact by email or phone.

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

Consent Agreement and Final Order

Publish Date: 02/17/2021

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 CA/FO), between the U.S. Environmental Protection Agency, Region 9 (EPA or Complainant), and Golden Valley Transfer, Inc. (Respondent) to resolve this CWA Class II civil administrative penalty proceeding.

Under Section 311(b)(3), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility from which oil is discharged into or upon the navigable waters of the United States or adjoining shorelines in such quantities as may be harmful, may be assessed a 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 February 8, 2021, 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 the United States a civil administrative penalty of eighty thousand dollars ($80,000).

In the Matter of Golden Valley Transfer Inc., Docket No. CWA-09-2021-0019

Complainant

Amy C. Miller-Bowen
Director, Enforcement Divisio
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105

Respondent's Name and Mailing Address

Golden Valley Transfer Inc.
5502 S. Granite Road
Bakersfield, CA 93308

Description of Business or Activity Conducted by the Respondent

Respondent is a crude oil transportation company incorporated in California with a principal place of business at 5502 S. Granite Road in Bakersfield, California.

Summary of Alleged Violations

In the Proposed CA/FO, EPA alleges that Respondent’s overturned tank truck discharged crude oil in such quantities as “may be harmful,” as defined in 40 C.F.R. § 110.3(b), into or upon the Cuyama River, a navigable water of the United States, and adjoining shorelines in violation of Section 311(b)(3) of the CWA, 33 U.S.C. §1321(b)(3).

Proposed Settlement Penalty

$80,000

For More Information

Persons wishing to receive a copy of 40 C.F.R. Part 22 or review the Consent Agreement and Proposed Final Order may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at the Code of Federal Regulations Web site.

Applicant or Respondent

Golden Valley Transfer Inc.
5502 S. Granite Road
Bakersfield, CA 93308