In accordance with Section 311(b)(6)(A) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(6)(A), as amended by the Oil Pollution Act of 1990, 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 Supreme Group Guam, LLC (“Respondent”) to resolve the following civil administrative penalty proceeding under section 311(b)(6)(A).
Under CWA section 311(b)(6), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility who fails or refuses to comply with any regulation issued under CWA section 311(j), to which that owner, operator, or person in charge is subject, may be assessed a civil penalty. CWA section 311(b)(6)(C) requires EPA to provide public notice of and a reasonable opportunity to comment on its proposed penalties. The specific procedures for conducting CWA section 311(b)(6)(A) penalty proceedings are further set forth in the Consolidated Rules of Practice at 40 C.F.R. Part 22.
On June 29, 2018, pursuant to 40 C.F.R. §22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Consent Agreements and Final Order to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. The Proposed Consent Agreements requires Respondent to pay to the United States an Administrative civil penalty of one-hundred and fifty thousand dollars ($150,000).
In the Matter of Supreme Group Guam, LLC
EPA Docket Number OPA-09-2018-0004
Complainant: Kathleen H. Johnson, EPA Region 9, Enforcement Division Director, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: Supreme Group LLC, Le Solarium, 8th Floor DSO, Dubai, UAE
Description of Business or Activity Conducted by the Respondent: Respondent operates bulk oil storage facility for Guam International Airport.
Summary of Alleged Violations: The Respondent failed to initially prepare an SPCC plan, and subsequently have a professional engineer certify the SPCC Plan with a complete facility diagram, and including written procedures for inspections and testing. Respondent also failed to prepare a Facility Response Plan.
Proposed Penalty: $150,000