CWA-09-2024-0076: Proposed Settlement of Clean Water Act Class II Administrative Penalty; OMG Partners Inc., Turlock, CA
Consent Agreement and Proposed Final Order (“Proposed Consent Agreement”), between EPA Region 9 and OMG Partners Inc. to resolve a Clean Water Act (CWA) Class II civil administrative penalty proceeding.
On July 8, 2024, 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 one hundred and forty thousand dollars ($140,000) based on a demonstrated ability to pay analysis.
In the Matter of OMG Partners Inc., EPA Docket Number CWA-09-2024-0076
Complainant: Amy Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: OMG Partners, Inc., Turlock, California
Description of Business or Activity Conducted by the Respondent: Respondent owns and operates a commercial fueling transport company incorporated in California with an address at 705 N. Tully Road, Turlock, California, 95380.
Summary of Alleged Violations: Respondent is or was the owner and operator of a tanker truck that was carrying unleaded gasoline on Interstate 680 northbound in Fremont, California on December 24, 2021, when it overturned. The tanker truck was damaged and discharged unleaded gasoline onto the roadway and into adjacent storm drains, including drains which led directly into Laguna Creek, and subsequently into Coyote Creek and the Don Edwards National Wildlife Refuge. 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: $140,000 based on a demonstrated ability to pay analysis.