Summary

In the Matter of Argent Materials Inc

Docket No. CWA-09-2018-0003

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 Argent Materials Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).

­­­­­­­­­­­­­­­­­­­On March 23, 2018, 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 I civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States an administrative civil penalty of twenty-seven thousand dollars ($27,000.00).

Payment of this penalty will resolve EPA’s allegations that the Respondent violated Sections 301(a) and 402 of the CWA by failing to comply with the State of California’s National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Industrial Activities at Argent Material’s Oakland aggregate base material facility (“Facility”) from on or around November 12, 2013 through December 31, 2017.

Complainant

Thanne Berg, Acting Assistant Director
Enforcement Division
U.S. EPA, Region 9
75 Hawthorne Street, San Francisco, CA 94105

Respondent

Argent Materials Inc.
8300 Baldwin Street, Oakland, CA 94621

Description of Business or Activity Conducted by the Respondent

Respondent operates a concrete and asphalt recycling plant and engages in the crushing, grinding, pulverizing and preparation of miscellaneous nonmetallic minerals.

Alleged Violations

During a March 2017 stormwater inspection, EPA found that the Respondent had failed to implement adequate minimum stormwater best management practices at its Facility and had also failed to comply with its Stormwater Pollution Prevention Plan. EPA inspectors observed inadequate erosion and sediment controls, unsatisfactory material handling and waste management practices, and uncontained raw material stockpiles throughout the facility. The inspectors also found accumulated evidence at the Facility’s entrance and evidence of a release of sediment from the Facility onto Baldwin Street that flows to a drain inlet managed by the City of Oakland’s MS4. These deficiencies likely resulted in sediment polluting the San Leandro Bay, a tributary to the San Francisco Bay, which flows directly to the Pacific Ocean.

Proposed Order and Penalty

$27,000