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Public Notice: Nor-Cal Rock Inc., Oakland, California: Proposed Settlement of Clean Water Act Class I Administrative Penalty and Opportunity to Comment

How to Comment

Comments accepted through: 08/27/2018

How to Comment

Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (CWA-09-2018-0013), and a concise statement of the basis for and relevant facts supporting any comment for the case to which you are commenting. Persons wishing to comment on this case, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below above), within 30 days of the date of this public notice (40 C.F.R. § 22.45(b)). All comments received within this 30-day period will be considered in the issuance of the final order.

Name, Mailing Address, Telephone Number, and Email of Regional Hearing Clerk:
Steven Armsey
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.gov

For More Information
Persons wishing to receive a copy of Part 22, or review the Consent Agreement and Proposed Final Order may contact the Regional Hearing Clerk identified above. Please note the Code of Federal Regulations is available online at https://www.ecfr.gov/. Unless otherwise noted the public record for the proceeding is located in the EPA Regional Office at 75 Hawthorne Street, San Francisco, California 94105, and the file will be open for public inspection during normal business hours.

Consent Agreement and Proposed Final Order

Publish Date: 07/26/2018

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 Nor-Cal Rock Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).

­­­­­­­­­­­­­­­­­­­On ­­­­­­­­­­­­July 24, 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 fifteen thousand dollars ($15,000.00).

Payment of this penalty will resolve EPA’s allegations that the Respondent violated Sections 301(a) of the CWA by failing to file for permit coverage and implement best management practices to comply with the State of California’s National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Industrial Activities (the Permit) at Nor-Cal Rock’s Oakland aggregate base material facility (“Facility”) from on or around July 15, 2015 through December 13, 2017.

In the Matter of Nor-Cal Rock Inc.

Docket No. CWA-09-2018-0013

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

Respondent: Nor-Cal Rock Inc., 477 Roland Way, 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 file a Notice of Intent for permit coverage and implement adequate minimum stormwater best management practices in accordance with the Permit at its Facility. 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 two discharge locations from the facility: (1) the northern part of the facility directly into Peralta Creek; and (2) from the facility entrance to a storm drain inlet located .08 miles away on 46th Avenue at Coliseum Way, which is connected to the Alameda County MS4 and flows directly to Peralta Creek. Stormwater from Peralta Creek discharge into the San Leandro Bay near 50th Avenue.

Proposed Order and Penalty: $15,000.

Applicant or Respondent

Nor-Cal Rock Inc.
477 Roland Way
Oakland, CA 94621