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,auto sr�rF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br /> s <br /> REGION IX <br /> 75 Hawthorne Street <br /> �,,q1 PRO <br /> -ttpll San Francisco, CA 94105-3901 <br /> NOV 2 1 2018 <br /> Certified Mail No.: 7015 3010 0000 3583 9657 <br /> Return Receipt Requested <br /> David Ressa, Owner <br /> Bullfrog Landing Marina <br /> 1085 Happy Valley Ave. <br /> San Jose, CA 95129 <br /> Re: SPCC Inspection, Expedited Settlement Agreement <br /> Dear Mr. Ressa, <br /> On May 31, 2018, a representative of the United States Environmental Protection Agency <br /> (EPA) conducted an inspection of the Bullfrog Landing Marina, located at 17251 Bacon Island <br /> Road in Stockton, California. During the inspection, EPA observed violations of the Spill <br /> Prevention, Control and Countermeasure (SPCC) regulations. The violations identified on the <br /> enclosed SPCC Inspection Findings, Alleged Violations and Proposed Penalty Form (Penalty <br /> Form) include the lack of secondary containment, containers that were not compatible with the <br /> conditions of storage, and testing not performed as specified in the SPCC Plan, among others. <br /> EPA has authority under Section 311 of the Clean Water Act, 33 U.S.C. § 1321, to pursue civil <br /> penalties for violations of the SPCC regulations. However, EPA encourages you to consider <br /> resolving the matter more quickly through the use of our Expedited Settlement Agreement <br /> (Settlement Agreement) process. <br /> You may resolve the case quickly by correcting the noted violation and mailing a check <br /> in the amount of$1675.00 for the penalty as described below and signing and returning the <br /> enclosed Settlement Agreement within thirty (30) days of your receipt of this letter. As a <br /> condition of the Settlement Agreement, you must certify that you have corrected the violation. <br /> EPA, at its discretion, may grant one 30-day extension to come into compliance if you <br /> demonstrate that it is technically infeasible or impracticable to achieve compliance within 30 <br /> days. <br /> This Settlement Agreement will become effective after you return the signed Settlement <br /> Agreement. EPA will sign and execute the agreement according to the procedural regulations <br /> that govern administrative penalties. These regulations can be found in the Code of Federal <br /> Regulations, Title 40 Part 22. Once the Settlement Agreement is effective, EPA will take no <br /> further action against Bullfrog Landing Marina for the violations cited in the Settlement <br /> Agreement. EPA will neither accept nor approve the Settlement Agreement if returned more <br /> than 30 days after the date of your receipt of this letter unless you have requested, and EPA has <br /> Printed on 100".Pn.rtcarrsunrer Recrcfed Paper:Process Chlorine Free. <br />