Summary

Notice of Proposed Settlement of Clean Water Act Class II Administrative Penalty Matter and Opportunity to Comment in the Matter of SoCo Group Tanker Truck roll-over and fuel spill to San Diego River

Docket No. OPA-09-2017-0004

The United States Environmental Protection Agency, Region IX ("EPA"), is authorized under Section 311(b)(6)(B)(ii) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(6)(B)(ii), to assess civil penalties after providing the persons subject to the penalty notice of the proposed penalty and an opportunity for a hearing, and after providing interested persons public notice of the proposed penalty and a reasonable opportunity to comment on its issuance. Under Section 311(b)(3), EPA may assess a civil penalty against 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. Class II proceedings for Section 1321(b)(6)(B)(ii) of the Clean Water Act are conducted in accordance with the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits ("Part 22"), 40 C.F.R. Part 22.

The SoCo Group, Inc. ("Respondent") agrees to the issuance of this Consent Agreement and Proposed Final Order ("settlement"). In accordance with Section 311(b)(6)(B)(ii) of the Act, 33 U.S.C. § 1321(b)(6)(B)(ii), EPA is hereby providing public notice of, and the opportunity to comment on, this proposed settlement in the following matter:

In the Matter of The SoCo Group, Inc.
Docket No. OPA-09-2017-0004

Complainant

Kathleen Johnson
Director, Enforcement Division
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105

Respondent's Name and Mailing Address

The SoCo Group, Inc.
5962 Priestly Drive
Carlsbad, CA 92008

Description of Business or Activity Conducted by the Respondent

Petroleum marketing and distribution company.

Alleged Violations

In the Consent Agreement, EPA alleges that Respondent’s overturned fuel tank truck discharged oil in such quantities as “may be harmful,” as defined in 40 C.F.R. § 110.3(b), into or upon the San Diego 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

$59,386.92