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 Taylor Farms Retail Inc. (Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g) of the CWA.

On June 14, 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 sixty-seven thousand, six hundred forty dollars ($67,640).

Payment of this penalty will resolve EPA’s allegations that Respondent violated Sections 301(a) and 402 of the CWA by discharging storm water associated with industrial activity without authorization under the State of California’s National Pollutant Discharge Elimination System General Permit for Discharges of Stormwater Associated with Industrial Activities (General Permit) at Respondent’s Salinas facility (Facility) from on or around June 30, 2013 through March 14, 2017, and by violating the Storm Water Pollution Prevention Plan (SWPPP) requirements of the General Permit between March 14, 2017 and December 19, 2017. 

In the Matter of Taylor Farms Retail Inc.

Docket No. CWA-09-2018-0010

Complainant: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, California 94105
Respondent: Taylor Farms Retail Inc., 150 Main Street, Suite 400, Salinas, California
Description of Business or Activity Conducted by the Respondent: Taylor Farms Retail Inc. operates a refrigerated warehouse and food processing facility in Salinas, California.
Summary of Alleged Violations: Taylor Farms Retail Inc. violated CWA Sections 301(a), 33 U.S.C. § 1311(a) on at least twenty-five (25) days by discharging storm water associated with industrial activity from a point source into waters of the United States without a NPDES permit. Further, Taylor Farms Retail Inc. violated CWA Section 402, 33 U.S.C. § 1342, each day it failed to comply with the General Permit. Specifically, Taylor Farms Retail Inc. failed to comply with the Storm Water Pollution Prevention Plan requirements of the General Permit between March 14, 2017 and December 19, 2017.
Proposed Penalty: Sixty-seven thousand, six hundred forty dollars ($67,640).