EPA Proposes Penalty against Allen Marine, Inc. for a Clean Water Act Violation
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 10
1200 SIXTH AVENUE SUITE 900 (ORC-158)
SEATTLE, WA 98101
Date of Notice: October 31, 2008
Comment Period Open Until: December 2, 2008
Action: Proposal to Assess Penalty under the Clean Water Act
Description of Violation and Relief Sought: Pursuant to Section 309(g)(4) of the Clean Water Act, the Environmental Protection Agency, Region 10 (EPA) is providing public notice of the proposed issuance of a penalty as described below. In order to provide opportunity for public comment, EPA will not take final action in this proceeding prior to 40 days after publication of this notice.
EPA proposes to commence an administrative penalty action against Allen Marine, Inc. (Respondent) for violations of the Clean Water Act (CWA). EPA alleges that in 2005, Respondent discharged fill material below the High Tide Line (HTL) of Sitka Sound, navigable waters of the United States. The HTL was surveyed at 12.7 feet. EPA alleges that this material was discharged without a CWA permit in violation of Section 301(a) of the CWA. In 2008, the Respondent restored the site by removing the unauthorized fill material and regrading the area to natural contours. EPA proposes a penalty of $15,300.
Persons wishing to comment on EPA’s proposed action or to become participants in this action may do so by submitting their address and telephone number, along with written comments, to the Regional Hearing Clerk at the address above within 30 days of the date of this notice. This is a Class II administrative penalty proceeding, governed by Section 309(g)(2)(B) of the CWA and the procedural rules found at 40 C.F.R. Part 22. The requirements that apply to public comment and participation are set forth in 40 C.F.R. 22.45.
Name of Case: Allen Marine, Inc.
Docket Number of the Complaint: CWA-10-2009-0002
Name and address of Complainant:
Richard Parkin, Acting Director
Office of Ecosystems, Tribal And Public Affairs
U.S. Environmental Protection Agency
Region 10
1200 Sixth Avenue Suite 900 (ETPA-087)
Seattle, Washington 98101
Name, address, and telephone number of Regional Hearing Clerk:
Carol Kennedy, Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 10
1200 Sixth Avenue Suite 900 (ORC-158)
Seattle, Washington 98101
(206) 553-0242
Location of Property: Section 3, Township 55 South, Range 63 East, Copper River Meridian Sitka, Alaska.
Applicable Permit No.: none
Business/activity of Respondents: Property Owner, and Boat Manufacturing and Repair Company
Comments Accepted: In accordance with 40 C.F.R. 22.45, any person wishing to comment on or participate in this proceeding must notify the Regional Hearing Clerk within 30 days of this notice. The person must provide a name, complete mailing address, and any comments the person has on this action.
Further information regarding EPA’s proposal to assess a penalty in this matter is available for review and copying between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, at EPA’s Seattle Office (see address listed above).
For any additional information on this action, please contact Mark Jen at (907) 271-3411.
Consent Agreement and Final Order (PDF) (10 pp. 298K)