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 Final Order (Proposed CA/FO), between the U.S. Environmental Protection Agency, Region 9 (EPA or Complainant), and American Cooling, Inc. (Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g).
On September 10, 2018, pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Proposed CA/FO to simultaneously commence and conclude this CWA Class I civil administrative penalty proceeding. The Proposed CA/FO requires Respondent to pay the United States a penalty of twenty-eight thousand, nine hundred dollars ($28,900). Payment of this penalty will resolve EPA’s allegations that Respondent violated CWA Section Sections 301(a) by discharging storm water associated with industrial activity without authorization under the State of California’s National Pollutant Discharge Elimination System General Permit for Discharges of Stormwater Associated with Industrial Activities at Respondent’s Salinas facility (Facility).
In the Matter of American Cooling Inc.
Docket No. CWA-09-2018-0015
Complainant: Elizabeth Berg, Acting Assistant Director, Enforcement Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: American Cooling, Inc., SEMCO Cooling Facility, 20 Harris Place, Salinas, CA 93901
Description of Business or Activity Conducted by the Respondent: American Cooling, Inc. is engaged in refrigerated warehousing and storage activities at its “SEMCO Cooling” facility located at 20 Harris Street, Salinas, California.
Summary of Alleged Violations: Respondent discharged pollutants in storm water from a point source into waters of the United States without authorization under the State of California’s NPDES General Permit for Discharges of Stormwater Associated with Industrial Activities on at least twenty-nine (29) days between August 31, 2013 and June 15, 2018, and discharged process wastewater from a point source without NPDES permit authorization on at least three (3) occasions on November 18, 2016, June 21, 2017 and April 18, 2018.
Proposed Penalty: $28,900