Summary

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300h-2(c)(3)(B), and the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (“Consolidated Rules”) 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 Matheson Tri-Gas, Inc. to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the SDWA.

In the Matter of Matheson Tri-Gas, Inc. Docket No. UIC- 09-2017-0002. 

Pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into the Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. EPA alleged that Respondent violated 40 C.F.R. § 144.88 by operating two large capacity cesspools after a ban went into effect on April 5, 2005. Respondent has agreed to bring its facility into compliance with the SDWA by closing two large capacity cesspools; to pay to the United States a penalty of eighty-eight thousand three hundred and seventy-four dollars ($88,374); and to close a small capacity cesspool as a supplemental environmental project valued at $50,000. EPA has agreed that closure of the two large capacity cesspools, payment of the penalty, and completion of the supplemental environmental project will resolve the civil administrative proceeding.

Complainant: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Description of Business or Activity Conducted by the Respondent: Commercial

Alleged Violations:  EPA alleges that Respondent owned or operated two large capacity cesspools in violation of the large capacity cesspool ban that took effect on April 5, 2005. 40 C.F.R. § 144.88.

Proposed Order and Penalty: Closure of two large capacity cesspools, penalty payment of $88,374, and a supplemental environmental project.