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Public Notice: Jaguar Heaven Auto Dismantler, Stockton, California: Proposed Settlement of Clean Water Act Class I Administrative Penalty

How to Comment

Comments accepted through: 11/19/2020

Please provide your full name and mailing address. Please submit your comment in writing stating that you are providing comments on the proposed assessment of a penalty pursuant to section 309(g) of the Clean Water Act, 33 U.S.C. § 139(g), and intend to participate in the proceeding. Please include the following Docket Number CWA-09-2021-0006 with your comments.

All comments must be submitted to the Regional Hearing Clerk (address below), within 30 days of the date of this public notice (see 40 C.F.R. § 22.45(b)). If the 30th day of the comment period falls on a Saturday, Sunday, or federal holiday, the deadline shall be extended to the next business day. EPA will consider all comments received within this 30-day period before issuance of the final order. Please note that 40 C.F.R. Part 22, the federal regulations governing these proceedings, can be found online at www.ecfr.gov.

We encourage electronic submittals, including in addition to any required hard copy submissions, but if you are unable to submit electronically or need other assistance, please reach out to the contact listed in the notice or regulation or, if unavailable, the responsible EPA program’s general contact email or phone number.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to the listed contact by email or phone.

Name, Mailing Address, Telephone Number, and Email of Regional Hearing Clerk
Steven Armsey (r9hearingclerk@epa.gov)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919

Proposed Settlement Agreement

Publish Date: 10/19/2020

Summary

EPA is providing notice of a proposed administrative penalty settlement with Jaguar Heaven Auto Dismantler (Respondent) for violations of the Clean Water Act (CWA) at its facility located in Stockton, California. EPA alleges the Respondent violated section 301(a) of the CWA, 33 U.S.C. § 1311(a), by failing to obtain National Pollutant Discharge Elimination System (NPDES) permit authorization under section 402 of the CWA, 33 U.S.C. § 1342, for discharges of stormwater from its Facility.

In accordance with section 309(g) of the CWA, 33 U.S.C. § 1319(g), and the Consolidated Rules of Practice at 40 C.F.R. Part 22, EPA and the Respondent have entered into a Proposed Expedited Settlement Agreemement (ESA) to simultaneously commence and conclude this CWA Class I civil administrative penalty proceeding. Under the Proposed ESA, the Respondent will pay the United States a civil administrative penalty of $10,000 to resolve this matter.

In the Matter of Jaguar Heaven Auto Dismantler, CWA-09-2021-0006

Complainant: Elizabeth Berg, Acting Assistant Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.

Respondent: Jaguar Heaven Auto Dismantler, 1433 Tillie Lewis Drive in Stockton, California 95206

Description of Business or Activity Conducted by the Respondent: Respondent primarily recycles and removes auto parts for wholesale and retail customers, activities classified under SIC Codes 5015 (Motor Vehicle Parts, Used) and 5093 (Scrap and Waste Materials), which are each considered an “industrial activity” for purposes of CWA § 402(p), 33 U.S.C. § 1342(p), and 40 C.F.R. § 122.26(b)(14)(vi).

Summary of Alleged Violations: Respondent is engaged in removing and recycling auto parts at its Facility, which is a regulated industrial activity under the CWA. The Respondent discharged pollutants associated with its industrial activites without NPDES permit coverage. The Respondent has since obtained CWA NPDES permit authorization for discharges of stormwater from its Facility.

Proposed Penalty: $10,000

Respondent: Jaguar Heaven Auto Dismantler, 1433 Tillie Lewis Drive in Stockton, California 95206

Applicant or Respondent

Jaguar Heaven Auto Dismantler
1433 Tillie Lewis Drive
Stockton, CA 95206