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Public Notice: Gills Onions, LLC, Oxnard, California: Proposed Settlement of Clean Water Act Class I Administrative Penalty and Opportunity to Comment

How to Comment

Comments accepted through: 12/03/2020

Please provide your full name and mailing address. Please submit your comment in writing stating that you are providing comments on the proposed assessment of a penalty pursuant to Section 309(g) of the Clean Water Act, 33 U.S.C. § 139(g), and intend to participate in the proceeding. Please include the following Docket Number CWA-09-2021-0002 with your comments.

All comments must be submitted to the Regional Hearing Clerk (address below), within 30 days of the date of this public notice (see 40 C.F.R. § 22.45(b)). If the 30th day of the comment period falls on a Saturday, Sunday, or federal holiday, the deadline shall be extended to the next business day. EPA will consider all comments received within this 30-day period before issuance of the final order. Please note that 40 C.F.R. Part 22, the federal regulations governing these proceedings, can be found online at www.ecfr.gov.

We encourage electronic submittals, including in addition to any required hard copy submissions, but if you are unable to submit electronically or need other assistance, please reach out to the contact listed in the notice or regulation or, if unavailable, the responsible EPA program’s general contact email or phone number.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to the listed contact by email or phone

Name, Mailing Address, Telephone Number, and Email of Regional Hearing Clerk
Steven Armsey (r9hearingclerk@epa.gov)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919

Proposed Administrative Penalty Settlement

Publish Date: 11/03/2020

Summary

EPA is providing notice of a proposed administrative penalty settlement with Gills Onions, LLC, (Respondent) for violations of the Clean Water Act (CWA) at its foods preparation and distributing facility located in Oxnard, California. EPA alleges the Respondent violated Section 301(a) of the CWA, 33 U.S.C. § 1311(a), by failing to obtain National Pollutant Discharge Elimination System (NPDES) permit authorization under Section 402 of the CWA, 33 U.S.C. § 1342, for discharges of stormwater from its Facility. On October 15, 2018, the Respondent obtained coverage under EPA’s 2015 NPDES Multi-Sector General Permit for its Facility’s stormwater discharges.

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, EPA and Respondent have entered into a Proposed Expedited Settlement Agreemement (ESA) to simultaneously commence and conclude this CWA Class I civil administrative penalty proceeding. Under the Proposed ESA, Respondent will pay the United States a civil penalty of $15,000 to resolve this matter .

In the Matter of Gills Onions, LLC, CWA-09-2021-0002

Complainant: Elizabeth Berg, Acting Assistant Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.

Respondent: Gills Onions, LLC, 1051 South Pacific Avenue, Oxnard, CA 93030

Description of Business or Activity Conducted by the Respondent: Gills Onions operates a food preparation and distributing facility that prepares fresh-cut onion products for the wholesale, industrial and retail markets. A list of specific industrial activities at the site include processing and packaging onion products, shipping packaged onion products, and related maintenance activities.

Summary of Alleged Violations: Respondent is engaged in foods preparation for wholesale and distribution which is a regulated industrial activity under the Clean Water Act. The Respondent has since obtained Clean Water Act NPDES permit authorization for discharges of stormwater from its Facility.

Proposed Penalty: $15,000

Applicant or Respondent: Gills Onions, LLC, 1051 South Pacific Avenue, Oxnard, CA 93030

Applicant or Respondent

Gills Onions, LLC
1051 South Pacific Avenue
Oxnard, CA 93030

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