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 IX (EPA or Complainant), and National Recycling Corporation (Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g) of the CWA.

On April 26, 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 II civil administrative penalty proceeding. The Proposed CA/FO requires Respondent to pay the United States an administrative civil penalty of twenty-three thousand one hundred six dollars ($23,106).

Payment of this penalty will resolve EPA’s allegations that 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 Discharges of Stormwater Associated with Industrial Activities at National Recycling Corporation’s Oakland facility (“Facility”) from on or around July 1, 2015 through December 4, 2017.

In the Matter of National Recycling Corporation

Docket No. CWA-09-2018-0009

Complainant: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, California 94105.

Respondent: National Recycling Corporation, 1312 Kirkham Street, Oakland, California

Description of Business or Activity Conducted by the Respondent: National Recycling Corporation operates a recycling center in West Oakland.

Summary of Alleged Violations: National Recycling Corporation violated CWA Sections 301(a), 33 U.S.C. § 1311(a) on at least ten (10) days by discharging storm water associated with industrial activity from a point source into waters of the United States while not in compliance with an NPDES permit. Further, National Recycling Corporation violated CWA Section 402, 33 U.S.C. § 1342, each day it failed to comply with the General Permit. Specifically, National Recycling Corporation failed to: develop a complete and accurate storm water pollution prevention plan; fully and properly implement all minimum storm water best management practices; and develop a complete and accurate Monitoring Implementation Plan.

Proposed Penalty: Twenty-three thousand one hundred six dollars ($23,106)