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and 311 of the CWA, 33 U.S.C. §§ 1318 and 1321. Your responses to this Information Request <br /> must be made by a letter, signed by a person or persons duly authorized to represent Community <br /> Fuels. Please send your responses via certified mail, return receipt requested, or email, so that <br /> they are received within thirty(30) days of your receipt of this letter. Address your submittal to <br /> Mr. Pete Reich at the address specified above. <br /> Please note that, pursuant to regulations located at 40 C.F.R. Part 2, Subpart B, you are <br /> entitled to assert a business confidentiality claim covering any part of the submitted information <br /> as defined in 40 C.F.R. § 2.201(c). Asserting a business confidentiality claim does not relieve <br /> you from the obligation to fully respond to this letter. Failure to assert such a claim makes the <br /> submitted information subject to public disclosure upon request and without further notice to <br /> you, pursuant to the Freedom of Information Act, 5 U.S.C. § 552. Information subject to a <br /> business confidentiality claim may be available to the public only to the extent set forth in the <br /> above-cited regulation. EPA has the authority to use the information requested herein in an <br /> administrative, civil, or criminal action. In addition, EPA has not waived any rights to take <br /> enforcement action for past or future violations. <br /> Community Fuels' compliance with this Information Request is mandatory. Failure to <br /> respond fully and truthfully may result in an enforcement action being taken in accordance with <br /> Section 309 of the CWA, 33 U.S.C. § 1319. This may include civil penalties of up to $44,414.00 <br /> per day of noncompliance. In addition, the submission of knowingly false or misleading <br /> statements may be punished by a fine pursuant to Title 18 of the U.S. Code, or by imprisonment <br /> for not more than two years, or both. <br /> Additionally, EPA has created a number of helpful resources for small businesses. EPA <br /> has established the National Compliance Assistance Clearinghouse as well as Compliance <br /> Assistance Centers which offer various forms of resources to small businesses. You may inquire <br /> about these resources at http://www.epa.gov. In addition, the EPA Small Business Ombudsman <br /> may be contacted at http://www.epa.gov/sbo. Finally, EPA developed a fact sheet about the <br /> Small Business Regulatory Enforcement Fairness Act, which is enclosed with this letter. <br /> Thank you for your prompt attention to this matter. If you have any questions, please feel <br /> free to contact Pete Reich at 415-972-3052 or reich.peter@epa.gov, or have your counsel contact <br /> Rebekah Reynolds at 415-972-3916 or reynolds.rebekah@epa.gov. <br /> S'n rely, <br /> Thanne Berg, Acting Assist nt Director <br /> Enforcement Division <br /> Enclosures EC E I V E D <br /> FEB 21 2017 <br /> cc: Michelle Henry, San Joaquin County <br /> ENVIRONMENTAL <br /> HFAI TH OEPARTkAFN'j <br /> 4 <br />