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Spill Prevention Control and Countermeasure Plan Food Express, Inc. 1250 Madruga Road FOOD EXPRESS, INC. Lathrop, California 95330 dEb du May 2020 Page 3 ii. (From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or iii. Which are used or could be used for industrial purposes by industries in interstate commerce; 4. All impoundments of waters otherwise defined as waters of the United States under this definition; 5. Tributaries of waters identified above; 6. The territorial sea; 7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified above. Additionally, waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act (CWA) (other than cooling ponds, which also meet the criteria of this definition)are not waters of the United States. Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other Federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with the U.S. Environmental Protection Agency (USEPA). In accordance with 40 CFR §112.3(a), if the facility was in operation prior to August 16, 2002 and had an existing Plan, an amended Plan must be implemented by November 10, 2011. If the facility was subject to these regulations prior to August 16, 2002 and did not have an existing Plan, this Plan must be implemented as soon as possible. If the facility became operational after August 16, 2002, this Plan must be implemented by November 10, 2011 or upon operation. A complete copy of the SPCC Plan must remain on file at the facility if the facility is normally attended at least 4 hours per day or at the nearest field office if the facility is not so attended in accordance with 40 CFR §112.3(e). Whenever the facility experiences a single discharge of more than 1,000 gallons of oil into or upon navigable waters or two or more discharges of more than 42 gallons of oil into or upon navigable waters within any 12-month period, the facility will submit the following information to the USEPA within 60 days [40 CFR §112.4]: • Name of the facility and the person submitting the information; • Location of the facility; • Maximum storage or handling capacity of the facility and normal daily throughput; • Corrective action and countermeasures taken, including a description of equipment repairs and replacements; • An adequate description of the facility, including maps, flow diagrams, and topographical maps, as necessary; • The cause of the discharge(s) including a failure analysis of the system or subsystem in which the failure(s) occurred; =�Te Page 3