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 Modern Concepts Inc. (Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g).
On March 30, 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 twelve thousand dollars ($12,000.00). Payment of this penalty will resolve EPA’s allegations that Respondent violated Sections 301(a) of the CWA on at least sixteen days by discharging pollutants from a point source into waters of the United States while in violation of a National Pollutant Discharge Elimination System (NPDES) permit.
In the Matter of Modern Concepts Inc.
Docket No. CWA-09-2018-0007
Complainant: Elizabeth Berg, Acting Assistant Director, Enforcement Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
Respondent: Modern Concepts Inc., 3121 E. Ana Street, Compton, California, 90221.
Description of Business or Activity Conducted by the Respondent: a processing facility that compounds plastic resins.
Summary of Alleged Violations: The Facility failed to comply with NPDES permit requirements for industrial stormwater discharges. The Facility did not implement best management practices or have an adequate Stormwater Pollution Prevention Plan to reduce the discharge of pollutants to local waterways.
Proposed Penalty: $12,000.