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 9 (EPA or Complainant), and Guam Industrial Services Inc. doing business as “Guam Shipyard” (Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g) of the CWA.
On December 4, 2020, 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 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-eight thousand and three hundred and eighty-eight dollars ($68,388). Payment of this penalty will resolve EPA’s allegations that Respondent violated Sections 301(a) and 402, 33 U.S.C. §§ 1319(a) and 1342, of the CWA by discharging storm water associated with industrial activity without authorization under EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) from on or around May 4, 2017 through May 11, 2020.
In the Matter of Guam Industrial Services Inc. Docket No. CWA-09-2021-0015
Complainant: Amy C. Miller, Director, Enforcement & Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105
Respondent: Guam Industrial Services, 272 East Harmon Industrial Park Road, Suite 201-202, Tamuning, Guam 96913
Description of Business or Activity Conducted by the Respondent: Guam Industrial Services, dba “Guam Shipyard” operates a shipyard repair facility on Cabras Island “H Wharf” in Piti, Guam.
Summary of Alleged Violations: Guam Shipyard violated CWA Sections 301(a), 33 U.S.C. § 1311(a) on at least sixty-three (63) rain days by discharging storm water associated with industrial activity from a point source into waters of the United States without a NPDES permit. Specifically, violations included failure to contain sandblast grit, paint particles and debris from discharging to Apra Harbor; failure to maintain oil response equipment on-site; failure to contain leaks and spills of oil and grease; and failure to properly store drums and containers of used oil, sandblast grit and other waste materials without best management practice which allowed exposure to stormwater.
Proposed Penalty: Sixty-eight thousand and three hundred and eighty-eight dollars ($68,388).