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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 9 4 75 HAWTHORNE STREET, SAN FRANCISCO, CALIFORNIA 94105 N17 PAOzoep,01, EXPEDITED SPCC SETTLEMENT' AGREEMENT 'itAfter this Expedited Settlement becomes effective, EPA DOCKET NO.: SPCC-09-2019- will take no further action against the Respondent for the violations of the SPCC regulations described in the Form. On: May 31, 2018 However, EPA does not waive any rights to take any At: Union Point Marina Bar and Grill enforcement action for any other past, present, or future violations by the Respondent of the SPCC regulations or 14201 W Highway 4, Stockton, CA 95206 of any other federal statute or regulations, Owned & Operated by: Bradley E. Kent Upon signing and returning this Expedited Settlement to (Respondent) EPA, Respondent waives the opportunity for a hearing or N eal pursuant to Section 311 of the Act, and consents to EPA's approval of the Expedited Settlement without An authorized representative of the United States further notice. Environmental Protection Agency (EPA) conducted an inspection to determine compliance with the Oil Pollution This Expedited Settlement is binding, on the parties Prevention (SPCC) regulations promulgated at 40 CFRsigning below, and is effective immediately on the date Part 112 under Section 3110) of the Clean Water Act, 33 filed with the Regional Hearing Clerk. If Respondent U.S.C. §13210), (the Act), and found that Respondent had does not sign and return this 'Lxpedited Settlement as failed to comply with the SPCC regulations as noted on presented within 30 days of the date of its receipt, the the attached SPCC INSPECTION FINDINGS, ALLEGED proposed Expedited Settlement is withdrawn without VIOLATIONS AND PROPOSED PENALTY FORM (Form), prejudice to EPA's ability to file any other enforcement which is hereby incorporated by reference. By its first action for the noncompliance identified in the Form., signature below, EPA ratifies the Inspection findings and Alleged Violations set forth in the Form. EPA finds the Respondent is subject to the SPCC APPROVED BY EPA: regulations and has violated the SPCC regulations as further described in the Form. The Respondent admits to being subject to 40 CFR Part 112 and that EPA has Date: jurisdiction over the Respondent and the Respondent's Amy C. Miller, Acting Director conduct as described in the Form. Respondent does not Enforcement Division contest the Inspection Findings, and waives any objections Respondent may have to EPA's jurisdiction. EPA is authorized to enter into this Expedited Settlement APPROVED BY RESPONDENT: under the authority vested in the Administrator of EPA byy Section 311(b)(6)(B)(i) of the Act, 33 U.S.C. §1321(b)(6) (B)(i), as amended by the Oil Pollution Act of 1990, and Name (Print): by 40 CFR §22.13(b). The parties enter into this Expedited Settlement in order to settle the civil violations described Title (Print): in the Form for a penalty of $1,500.00. The Respondent consents to the assessment of this penalty. This Expedited Settlement also is subject to the following Signature Date: terms and conditions: Respondent certifies, subject to civi5 and criminal penalties for making a false submission to the United States Government, that the violations have been IT IS SO ORDERED: corrected and Respondent has sent a certified check in the amount of $1,500.00, payable to the Treasurer, United States of America with the notation "Spill Fund - 311". Date: This Expedited Settlement must be returned by certified Steven L. Jawgiel mail to: Janice Witul, U.S. Environmental Protection Regional Judicial Officer Agency, Reion 9 (ENF 3-2), 75 Hawthorne Street, ,San Francisco, Valifornia 94105-3901. The certified check for payment must be sent by certified-mail to: U. S. Environmental Protection Agency, Fines and Penalties, incinnati Finance Center, P.O. Box 979077 St. Louis, MO 63197-9000.