EPA proposes Penalty Against Sal Gallucci, JJS Southwest LLC, and Whitehawk Land Development Corporation LLC for Clean Water Act Violations
Public Notice Information
Date of Notice: October 14, 2009
Comment Period Ends: November 13, 2009
Case Name: Sal Gallucci, JJS Southwest LLC, and Whitehawk Land Development Corporation LLC (Whitehawk Subdivision)
Complaint Docket Number: CWA-10-2009-0270
How to Submit Comments: In accordance with 40 C.F.R. § 22.45, anyone wishing to comment on or participate in this proceeding must notify the Regional Hearing Clerk within 30 days of this notice. Please provide your name, complete mailing address, and any comments you have on this action.
Action: Proposed Penalty Assessment under the Clean Water Act
Description of Violation and Relief Sought: Pursuant to Section 309(g(2) of the Clean Water Act (“Act”), the Environmental Protection Agency, Region 10 (“EPA”) is providing public notice of the proposed penalty 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 complaint action against Sal Gallucci, JJS Southwest LLC, and Whitehawk Land Development Corporation LLC (“Respondents”) for violations of the Clean Water Act (“CWA”). Violations for all Respondents include failure to apply for an applicable NPDES permit prior to commencement of construction activities and unauthorized discharges of construction storm water. EPA proposes to assess a penalty in the amount of $125,000.
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: Sal Gallucci, JJS Southwest LLC, and Whitehawk Land Development Corporation LLC (Whitehawk Subdivision)
Docket Number of the Complaint: CWA-10-2009-0270
Name and address of Complainant:
Edward J. Kowalski, Director
Office of Compliance and Enforcement
U.S. Environmental Protection Agency
Region 10 (OCE-164)
1200 Sixth Avenue, Suite 900
Seattle, Washington 98101
Name and address of Respondents:
Sal Gallucci
JJS Southwest LLC
Whitehawk Land Development Company
2041 San Elijo Avenue
Cardiff, CA 92007
Name, address, and telephone number of Regional Hearing Clerk:
Carol Kennedy, Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 10 (ORC-158)
1200 Sixth Avenue, Suite 900
Seattle, Washington 98101
(206) 553-0242
Location of Facility: Whitehawk Subdivision, Smiths Ferry Drive, Smiths Ferry, ID
Applicable Permit No.: Unpermitted (IDU000296)
Business/activity of Respondents: Construction
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.
A copy of the administrative complaint 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 Maria Lopez at (208) 378-5616.