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Public Notice: 2016-04, In the matter of Ducommun Incorporated

Summary

How to Comment

Comments due date :  December 14, 2015

How to comment: Persons wishing to receive a copy of EPA's Consolidated Rules, review the Expedited Settlement Agreement or other documents filed in these proceedings, comment upon the proposed assessments, or otherwise participate in any of the proceedings, should contact:

  • Karen Maples at EPA Region 2, 290 Broadway, 16th Floor, New York, NY 10007 - (212) 637-3247.
  • Any written correspondence about this matter. Unless otherwise noted, the administrative record for these proceedings is located in the EPA Regional Office identified above, and the files will be open for public inspection during normal business hours.
  • All information submitted by the Respondent is available as part of the administrative record, subject to provisions of law restricting public disclosure of confidential information.

EPA is providing notice of a proposed administrative penalty assessment for alleged violations of the Clean Water Act. EPA is also providing notice of opportunity to comment on the proposed penalty assessment.

Under 33 U.S.C. §1319(G), EPA is authorized to issue orders assessing civil penalties for various violations of the act. EPA may issue such orders after the commencement of a Class I or Class II penalty proceeding. EPA provides public notice of the proposed assessment pursuant to 33 U.S.C. §1319(G)(4)(A).

Administrative civil penalty proceedings are conducted under EPA's “consolidated rules of practice governing the administrative assessment of civil penalties, issuance of compliance or corrective action orders and the revocation, Termination or suspension of permits”, 40 CFR Part 22. The procedures through which the public may submit written comment on a proposed administrative penalty action or participate in a Class I proceeding, and the procedures by which a respondent may request a hearing, are set forth in the consolidated rules. The deadline for submitting public comment on this administrative penalty proceeding is Thirty (30) days after issuance of Public Notice.

On the date identified below, EPA commenced the following administrative action for the assessment of Administrative civil penalties: in the matter of Ducommun Incorporated, D/B/S Ducommun Aerostructures New York, Inc., 2 Flint Mine Road, Coxsackie, New York, 12051, Docket No. CWA-02- 2016-3303; filed on October 19, 2015 with Regional Hearing Clerk Karen Maples, U.S. EPA, Region 2, 290 Broadway, 16 Floor, New York, New York 10007 (212) 637-3247; Proposed Penalty: $37,160, for failure to Comply with reporting requirements as required by the 40 CFR Part 403.12 (E) general pretreatment regulations since at least December 2010 and for failure to sample for parameters Regulated in the pretreatment regulations as required by the 40 CFR Part 403.12(B) and (E) since at least December 2010. EPA has provided the respondent with a settlement offer of $23,474 in an effort to promptly settle this matter.          

Program/Statute: Clean Water Act (CWA)

Applicant/Respondent(s): Ducommun Incorporated, d/b/a Ducommun AeroStructures New York, Inc.
2 Flint Mine Road, Coxsackie, NY  12051

Proposed action:   Notice of Proposed Administrative Penalty Assessment and Opportunity to
comment

Permit or application number: N/A

Docket ID: CWA-02-2016-3303

Proposed Penalty: $37,160

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