[Federal Register: December 19, 2000 (Volume 65, Number 244)]
[Notices]
[Page 79364-79365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de00-58]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6918-7; MM-HQ-2001-0005]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Saputo Cheese
USA, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has entered into a consent agreement with Saputo Cheese
USA, Inc. to resolve violations of the Clean Water Act (``CWA''), and
its implementing regulations. Saputo Cheese USA, Inc. failed to prepare
Spill Prevention Control and Countermeasure (``SPCC'') plans for four
facilities where they stored diesel oil in above ground tanks and
failed to prepare and implement Storm Water Pollution Prevention Plans
(``SWPPP'') as required by its National Pollutant Discharge Elimination
System (NPDES) permit for ten facilities. EPA, as authorized by CWA
section 311(b)(6), 33 U.S.C. 1321(b)(6), and CWA section 309(g), 33
U.S.C. 1319(g) has assessed a civil penalty for these violations. The
Administrator, as required by CWA section 311(b)(6)(C), 33 U.S.C.
1321(b)(6)(C), and CWA section 309(g)(4)(A), 33 U.S.C. 1319(g)(4)(A),
is hereby providing public notice of, and an opportunity for interested
persons to comment on, this consent agreement and proposed final order.
DATES: Comments are due on or before January 18, 2001.
ADDRESSES: Mail written comments to the Enforcement & Compliance Docket
and Information Center (2201A), Docket Number EC-2000-013, Office of
Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW, Mail Code 2201A, Washington, DC
20460. (Comments may be submitted on disk in WordPerfect 8.0 or earlier
versions.) Written comments may be delivered in person to: Enforcement
and Compliance Docket Information Center, U.S. Environmental Protection
Agency, Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Avenue, NW.,
Washington, DC. Submit comments electronically to docket.oeca@epa.gov.
Electronic comments may be filed online at many Federal Depository
Libraries.
The consent agreement, the proposed final order, and public
comments, if any, may be reviewed at the Enforcement and Compliance
Docket Information Center, U.S. Environmental Protection Agency, Rm.
4033, Ariel Rios Bldg., 1200 Pennsylvania Avenue, NW., Washington, DC.
Persons interested in reviewing these materials must make arrangements
in advance by calling the docket clerk at 202-564-2614. A reasonable
fee may be charged by EPA for copying docket materials.
FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Multimedia Enforcement
Division (2248-A), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
3271; fax: (202) 564-9001; e-mail: cavalier.beth@epa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Copies: Electronic copies of this document are available
from the EPA Home Page under the link ``Laws and Regulations'' at the
Federal Register--Environmental Documents entry (http://www.epa.gov/
fedrgstr).
I. Background
Saputo Cheese USA, Inc., a cheese manufacturing company
incorporated in the State of Delaware and located at 25 Tri-State
International Office Center, Suite 250, Lincolnshire, Illinois 60069
failed to prepare SPCC plans for four facilities. Saputo Cheese USA,
Inc. disclosed, pursuant to the EPA ``Incentives for Self-Policing:
Discovery, Disclosure, Correction and Prevention of Violations'
(``Audit Policy''), 60 FR 66,706 (December 22, 1995), that it failed to
prepare SPCC plans for four
[[Page 79365]]
facilities where it stored diesel oil in above ground storage tanks, in
violation of the CWA section 311(b)(3) and 40 CFR Part 112, and that it
failed to prepare and implement SWPPP plans for ten facilities, in
violation of the CWA section 301(a) and 40 CFR Part 122, and CWA
section 402(a) and 40 CFR Parts 122.1 and 122.26. EPA determined that
Saputo met the criteria set out in the Audit Policy for a 100% waiver
of the gravity component of the penalty. As a result, EPA waived the
gravity based penalty ($58,825.00) and proposed a settlement penalty
amount of nine thousand and eight hundred dollars ($9,800.00). This is
the amount of the economic benefit gained by Saputo, attributable to
their delayed compliance with the SPCC and NPDES/SWPPP regulations.
Saputo Cheese USA, Inc. has agreed to pay this amount in civil
penalties. EPA and Saputo negotiated and signed an administrative
consent agreement, following the Consolidated Rules of Procedure, 40
CFR section 22.13, on November 21, 2000 (In Re: Saputo Cheese USA,
Inc., Docket No. MM-HQ-2001-005). This consent agreement is subject to
public notice and comment under CWA section 311(b)(6), 33 U.S.C.
section 1321(b)(6) and CWA section 309(g)(4)(A), 33 U.S.C.
1319(g)(4)(A).
Under CWA section 311(b)(6)(A), 33 U.S.C. 1321 (b)(6)(A), any
owner, operator, or person in charge of a vessel, onshore facility, or
offshore facility from which oil is discharged in violation of the CWA
section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to
comply with any regulations that have been issued under CWA section
311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil
penalty of up to $137,500 by EPA. Class II proceedings under CWA
section 311(b)(6) are conducted in accordance with 40 CFR Part 22.
Under CWA section 309(g)(1)(A), 33 U.S.C. 1319 (g)(1)(A), any
person found in violation of any permit condition or limitation
implementing any of such sections in a permit issued under the CWA
section 402(a), 33 U.S.C. 1342, or the CWA section 301(a), 33 U.S.C.
1311(a), may be assessed an administrative civil penalty of up to
$125,000 by EPA. Class II proceedings under CWA section 309(g)(1)(A)
are conducted in accordance with 40 CFR Part 22.
The procedures by which the public may comment on a proposed Class
II penalty order, or participate in a Clean Water Act Class II penalty
proceeding, are set forth in 40 CFR 22.45. The deadline for submitting
public comment on this proposed final order is January 18, 2001. All
comments will be transferred to the Environmental Appeals Board
(``EAB'') of EPA for consideration. The powers and duties of the EAB
are outlined in 40 CFR 22.04(a).
Pursuant to CWA section 311(b)(6)(C) and CWA section 309(g)(4)(A),
EPA will not issue an order in this proceeding prior to the close of
the public comment period.
List of Subjects
Environmental protection.
Dated: December 12, 2000.
David A. Nielsen,
Director Multimedia Enforcement Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. 00-32242 Filed 12-18-00; 8:45 am]
BILLING CODE 6560-50-P