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Public Notice: Royal Wine Corporation d/b/a/ Royal Kedem (Herzog Wine Cellars), Oxnard, CA; Proposed Settlement of Clean Water Act Class II Administrative Penalty and Opportunity to Comment

How to Comment

Comments accepted through: 07/16/2018

How to Comment

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 CWA § 309(g)(4) and intend to participate in the proceeding. Please include the following Docket Number (CWA-09-2018-0004) 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.

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

Consent Agreement and Final Order

Publish Date: 06/14/2018

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 Final Order (Proposed CA/FO), between the U.S. Environmental Protection Agency, Region 9 (EPA or Complainant), and Royal Wine Corporation, d/b/a Royal Kedem (Herzog Wine Cellars or Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g).

On June 13, 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 I civil administrative penalty proceeding. The Proposed CA/FO requires Respondent to pay the United States a penalty of seventy thousand (70,000) dollars. Payment of this penalty will resolve EPA’s allegations that Respondent violated CWA Section 307(d) on at least ten (10) days by operating a source in violation of effluent standards and pretreatment standards established under CWA Section 307(b).

In the Matter of Royal Wine Corporation d/b/a/ Royal Kedem (Herzog Wine Cellars)

Docket Number CWA-09-2018-0004

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

Respondent: Royal Wine Corporation d/b/a/ Royal Kedem, (Herzog Wine Cellars) 3201 Camino Del Sol, Oxnard, California 93030.

Description of Business or Activity Conducted by the Respondent: Herzog Wine Cellars produces red and white wine from grape juice that is trucked to its facility.

Summary of Alleged Violations: Herzog Wine Cellar’s wastewater from cleaning and sterilizing production equipment exceeded the limits for total suspended solids in violation of pretreatment regulations promulgated under CWA Section 307(b). The Respondent also consistently exceeded the pH range requirement by discharging acidic wastewater to the City of Oxnard’s sanitary sewer, which enters the Pacific Ocean.

Applicant or Respondent

Royal Wine Corporation d/b/a/ Royal Kedem, (Herzog Wine Cellars)
3201 Camino Del Sol
Oxnard, CA 93030