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 Balboa Boatyard of California Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).

­­­­­­­­­­­­­­­­­­­On February 9, 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 to the United States an administrative civil penalty of fifty-nine thousand and nine hundred and eight dollars ($59,908).

Payment of this penalty will resolve EPA’s allegations that the Respondent violated Sections 301(a) and 402 of the CWA, 33 U.S.C. § 131l(a) and 1342, by discharging pollutants in stormwater to Newport Bay not in compliance with the California General Permit No. CAS000001 for Discharges of Stormwater Associated with Industrial Activities Excluding Construction Activities, Water Quality Order No. 97-03-DWQ (California General Permit or General Permit). Respondent did not follow the monitoring requirements of the General Permit and the Facility’s onsite storm water storage capacity was inadequate to contain the volume of runoff generated during routine, seasonal rain events. By discharging stormwater associated with industrial activity and failing to comply with the General Permit, Respondent has violated CWA §§ 30l (a) and 402, 33 U.S.C. §§ 131l (a) and 1342.

In the Matter of Balboa Boatyard of California Inc.,
Docket No. CWA-09-2021-0022

Complainant

Amy C. Miller-Bowen, Director
Enforcement and Compliance Assurance Division
U.S. EPA, Region 9
75 Hawthorne Street, San Francisco, CA 94105

Respondent

Balboa Boatyard of California Inc.
2414 Newport Boulevard
Newport Beach, CA 92663

Description of Business or Activity Conducted by the Respondent

Respondent has been engaged in boat building and repairing activities at the Facility since at least the 1980s. Activities associated with boat building and repairing include boat haulouts, bottom painting, fiberglass repair, prop and shaft repair, and various other boat maintenance services. The potential pollutants of concern are paint solids, heavy metals, spent solvents, suspended solids, fuel, and oil.

Alleged Violations

Respondent is alleged to have failed to comply with a condition or limitation in the California General Permit. On February 13, 2019, representatives of EPA Region 9 performed a wet weather stormwater inspection of the Facility to evaluate the Respondent’s compliance with the General Permit and observed the following: (1) the Facility did not follow the monitoring requirements of the General Permit; (2) the onsite storm water storage capacity (i.e. two 500-gallon storage tanks or 1,000 gallons) was inadequate to contain the volume of runoff generated during routine, seasonal rain events; (3) a copy of the Facility’s current SWPPP, dated February 2019, was not being maintained on-site and the Facility could not provide records of training or monitoring during the inspection as required by the General Permit; (4) the Facility’s site map lacked appropriate documentation of stormwater conveyances to control stormwater flows through planned discharge points during a rain event; (5) the Facility lacked appropriate minimum BMPs to control stormwater contact with pollutants associated with boat maintenance activities; and a (6) direct discharge of industrial stormwater entering Newport Bay through a gap between the Facility’s concrete production area and its wooden platform.

Proposed Order and Penalty

$59,908