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 Basin Marine Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).
On July 21, 2020, 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 one hundred thirty nine thousand seven hundred fifty three dollars ($139,753).
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 State Water Board General Permit for Discharges of Stormwater Associated with Industrial Activities Excluding Construction Activities (General Permit). Respondent had unaddressed leaks and spills of pollutants associated with boat painting, sanding and grinding in violation of Part X (H) (1)(a)(i) of the General Permit. Respondent also failed to sample stormwater from 2014-2019 in violation of Part XI (B)(2) of the General Permit, which requires Respondent to collect and analyze stormwater samples from two (2) Qualifying Storm Events (QSE) within the first half of the reporting year and two (2) QSEs within the second half of the reporting year. Respondent failed to conduct the required sampling 20 times. 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 Basin Marine Inc.
Docket No. CWA-09-2020-0048
Complainant: Amy C. Miller-Bowen, Director
Enforcement and Compliance Assurance Division
U.S. EPA, Region 9
75 Hawthorne Street, San Francisco, CA 94105
Respondent: Basin Marine Inc., 829 Harbor Island Drive, Newport Beach, CA 92660
Description of Business or Activity Conducted by the Respondent: Respondent has been engaged in boat building and repairing for over 60 years. 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 pollutants of concern are metals including copper, lead, and zinc.
Alleged Violations: During a July 20, 2018 stormwater inspection, representatives of EPA Region 9 inspected the Facility to evaluate compliance with the General Permit and observed the following: (1) paint staining and accumulated debris near the catch basins; (2) boat repair activities being conducted outdoors without any observable best management practices ("BMPs") to prevent stormwater discharges; (3) power-washing activities in the haul out area leading to non-stormwater discharges; (4) inadequate storage capacity for the treatment system; and (5) no stormwater sampling results. EPA conducted a second inspection of the Facility on February 14, 2019 during an active rain event and observed ineffective BMPs, and the active discharge of industrial stormwater to Newport Bay via the drilled holes in the perimeter wall. Stormwater samples were taken by the inspectors, which revealed levels of aluminum, copper and zinc in excess of the Numeric Action Limits ("NAL'') in Section XI (B)(Table 2) of the General Permit.
Proposed Order and Penalty: $139,753.