Summary

In the Matter of Sierra Pacific Ready Mix Inc., Docket No. CWA-09-2018-0005

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 Sierra Pacific Ready Mix Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).

­­­­­­­­­­­­­­­­­­­On ­­­­­­­­­­­­March 20, 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 II civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States an administrative civil penalty of seventy-two thousand, one hundred sixty-nine dollars ($72,169.00).

Payment of this penalty will resolve EPA’s allegations that the 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 Storm Discharges Associated with Industrial Activities at Sierra Pacific Ready Mix’s Oakland facility (“Facility”) from on or around July 25, 2012 through July 10, 2017.

In the Matter of Sierra Pacific Ready Mix Inc., Docket No. CWA-09-2018-0005

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

Respondent: Sierra Pacific Ready Mix, P.O. Box 2104, Alameda, California 94105

Description of Business or Activity Conducted by the Respondent: Respondent operates a ready mix concrete facility and produces product for use in residential properties at 3211 Wood Street, Oakland, California 94608 (the “Facility”)

Alleged Violations: During EPA’s March 23, 2017 inspection of the Facility, EPA found that Respondent had not submitted and MOI to California seeking authorization to discharge industrial stormwater under the General Permit, EPA observed an uncovered material stockpiles and an unpermitted non-stormwater discharge from a leaking water storage tank.

Proposed Penalty: The proposed civil administrative penalty is $72,169.00