Summary

In accordance with Clean Water Act (“CWA”) Sections 311(b)(6)(A) and (B)(ii), 33 U.S.C. § 1321(b)(6)(A), and (B)(ii), as amended by the Oil Pollution Act of 1990, 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 Proposed Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and VSS International Inc. (“Respondent”) to resolve this CWA Class II civil administrative penalty proceeding.

CWA Section 311(b)(3), 33 U.S.C. § 1321(b)(3), prohibits “[t]he discharge of oil or hazardous substances into or upon the navigable waters of the United States [and] adjoining shorelines…in such quantities as may be harmful….”. Pursuant to CWA Section 311(b)(6)(A), 33 U.S.C. § 1321(b)(6)(A), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility from which oil is discharged in violation of CWA Section 311(b)(3), 33 U.S.C. § 1321(b)(3), may be assessed a Class I or Class II civil penalty. CWA Section 311(b)(6)(C), 33 U.S.C. § 1321(b)(6)(C), requires EPA to provide public notice of and a reasonable opportunity to comment on its proposed penalties. The specific procedures for conducting CWA Section 311(b)(6)(A), 33 U.S.C. § 1321(b)(6)(A), penalty proceedings are further set forth in the Consolidated Rules of Practice at 40 C.F.R. Part 22.

On December 2, 2020, pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States a civil administrative penalty of sixty thousand dollars ($60,000).

In the Matter of VSS International Inc., EPA Docket Number CWA-09-2021-0008

Complainant: Amy Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.

Respondent: VSS International Inc., 3875 Channel Drive, West Sacramento, California 95691.

Description of Business or Activity Conducted by the Respondent: Respondent operates a road pavement maintenance and emulsion manufacturing company incorporated in California with a principal place of business at 3875 Channel Drive, West Sacramento, California.

Summary of Alleged Violations: Respondent is or was the owner or operator of a tanker truck that was carrying asphalt emulsion on Alpine Road in San Mateo County, California on September 30, 2019 when it overturned into a tributary of Alpine Creek. The tanker truck was damaged and released asphalt emulsion into the tributary of Alpine Creek. Respondent’s overturned tanker truck discharged oil in such quantities as may be harmful into or upon the navigable waters of the United States and adjoining shorelines in violation of CWA Section 311(b)(3), 33 U.S.C. § 1321(b)(3).

Proposed Penalty:  $60,000