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NANCY J. MARVEL 

Regional Counsel 

CAROL BUSSEY 

Assistant Regional Counsel 

KARINA LALLANDE 

Law Clerk 

U.S. Environmental Protection Agency 

Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

(415)972-3950 

UNITED STATES 


ENVIRONMENTAL PROTECTION AGENCY 


REGION IX 


75 HAWTHORNE STREET 


SAN FRANCISCO, CA 94105 


In the Matter of: 

Docket No. CAA-09-200S-00 3 8. 

LOS ANGELES DEPARTMENT OF 

WATER AND POWER, 

CONSENT AGREEMENT AND FINAL 

Respondent. ORDER PURSUANT TO 40 C.F.R. 

§§ 22.13 and 22.1S 

I. CONSENT AGREEMENT 

The United States Environmental Protection Agency, Region IX 

("EPA"), and Los Angeles Department of Water and Power 

("Respondent") agree to settle this matter and consent to the 

entry of this Consent Agreement and Final Order ("CAFO"), which 

simultaneously commences and concludes this matter in accordance 

with 40 C.F.R. §§ 22.13(b) and 22.1S(b). 

A. AUTHORITY AND PARTIES 

1. This is a civil administrative penalty action instituted 

against Respondent pursuant to Section 113(d) of the Clean Air 

Act ("CAA" or the "Act"), as amended, 42 U.S.C. § 7413(d), for 

violation of Sections 112 and 114 of the Act, 42 U.S.C. §§ 7412 

and 7414, and implementing federal regulations at 40 C.F.R. Part 
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61, Subpart M. 

2. Complainant is the Director of the Air Division, EPA, 

Region IX, who has been duly delegated the authority to initiate 

this action and to sign a consent agreement settling this action. 

3. Respondent is a department of a municipality with 

offices located at 111 North Hope Street in Los Angeles, 

California. 

B. APPLICABLE STATUTORY AND REGULATORY SECTIONS 

4. Pursuant to Sections 112 and 114 of the Act, 42 U.S.C. 

§§ 7412 and 7414, the EPA Administrator promulgated regulations 

that govern the emission, handling, and disposal of asbestos and 

associated record-keeping and notification requirements, which 

are known as the National Emission Standards for Hazardous Air 

Pollutants ("NESHAP") for asbestos and codified at 40 C.F.R. Part 

61, Subpart M. 

5. Section 302(e) of CAA, 42 U.S.C. § 7602(e), defines 

~person" as an individual, corporation, partnership, association, 

state, municipality, political subdivision of a State, and any 

agency, department, and instrumentality of the United States and 

any officer, agent, or employee thereof. 

6. ~ Facility" means any institutional, commercial, public, 

industrial, or residential structure, installation, or building 

(including any structure, installation, or building containing 

condominiums or individual dwelling units operated as a 

residential cooperative, but excluding residential buildings 

having four or fewer dwelling units). 40 C.F.R. § 61.141. 

7. ~Installation" means any building or structure or any 

group of buildings or structures at a single demolition or 

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renovation site that are under the control of the same owner or 

operator (or owner or operator under common control). 40 C.F.R. 

§ 61.141. 

8. "Demolition" means the wrecking or taking out of any 

load-supporting structural member of a facility together with any 

related handling operations or the intentional burning of any 

facility. 40 C.F.R. § 61.141. 

9. "Owner or operator of a demolition or renovation 

activity" means any person who owns, l~ases, operates, controls, 

or supervises the facility being demolished or renovated or any 

person who owns, leases, operates, controls, or supervises the 

demolition or renovation, or both. 40 C.F.R. § 61.141. 

10. An owner or operator of a demolition activity must 

provide EPA with a written notice of intention to demolish at 

least ten working days before demolition begins. 40 C.F.R. § 

61.145(b)(l)(I). 

11. In a facility being demolished, the notification 

requirements of § 61.145(b) apply even if there is no asbestos. 

40 C.F.R. §§ 61.145(a) (1) and (2). 

C. ALLEGATIONS 

12. Respondent is a "person" as that term is defined in 

Section 302(e) of the Act, 42 U.S.C. § 7602(e). 

13. At all times relevant to this CAFO, Respondent owned 

three structures consisting of a store/pub, a storage building 

and a small restroom located at 9596 US highway 111 near Niland, 

California (the "site"). 

14. The site is an "installation" and therefore a 

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"facility" as defined at 40 C.F.R. §61.141. 

15. In or around March 2007, Respondent began and completed 

"demolition" of the structures at the site, as that term is 

defined at 40 C.F.R. § 61.141. 

16. On or about August 3, 2007, inspectors from the 

Imperial County Air Pollution Control District, the California 

Air Resources Board and EPA conducted an inspection at the site 

and verified that the structures had been demolished. 

17. Respondent is "an owner or operator of a demolition 

activity" as defined at 40 C.F.R. §61.141. 

18. Respondent did not submit a written notice of its 

intention to demolish the structures at the site to EPA before 

demolition began. 

19. Respondent's failure to submit a written notice of its 

intention to demolish the structures at the site to EPA before 

demolition began constitutes a violation of 40 C.F.R. 

§61.145(b) (1) (i). 

D. RESPONDENT'S ADMISSIONS 

20. In accordance with 40 C.F.R. § 22.18(b) (2) and for the 

purpose of this proceeding, Respondent (I) admits that EPA has 

jurisdiction over the subject matter of this CAFO and over 

Respondenti (ii) neither admits nor denies the specific factual 

allegations contained in Section I.C of this CAFOi (iii) consents 

to any and all conditions specified in this CAFO and to the 

assessment of the civil administrative penalty under Section I.E 

of this CAFOi (iv) waives any right to contest the allegations 

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1 contained in Section I.C of this CAFO; and (v) waives the right 


2 to appeal the proposed final order contained in this CAFO. 


3 E. CIVIL ADMINISTRATIVE PENALTY 


4 21. Respondent agrees to the assessment of a penalty in the 

amount of NINE THOUSAND, THIRTY DOLLARS ($9,030) as final 


6 settlement of the civil claims against Respondent arising under 


7 the Act as alleged in Section I.C of this CAFO. 


8 22. Respondent shall pay the assessed penalty no later than 

9 thirty (30) days from the effective date of this CAFO. Payment 

shall be made by cashier's or certified check payable to the 

11 "Treasurer, United States of America," and shall be sent by 

12 certified mail, return receipt requested, to the following 

13 address: 

14 US Environmental Protection Agency 

Fines and Penalties 

Cincinnati Finance Center 

P.O. Box 979078 

16 St. Louis, MO 63197-9000 

17 The payment shall be accompanied by a transmittal letter 

18 identifying the case name, the case docket number, and this CAFO. 

19 Concurrent with delivery of the payment of the penalty, 

Respondent shall send a copy of the check and transmittal letter 

21 to the following addressees: 

22 Regional Hearing Clerk 

Office of Regional Counsel (ORC-l) 

23 U.S. Environmental Protection Agency, Region IX 

75 Hawthorne Street 

24San Francisco, CA 94105 

Chief, Air Enforcement Office 

Air Division (AIR-5) 

26 U.S. Environmental Protection Agency, Region IX

75 Hawthorne Street 

San Francisco, CA 94105 27 

Carol Bussey 28 

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Assistant Regional Counsel 


Office of Regional Counsel (ORC-2) 


u.s. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

San Francisco, California 94105 

23. Payment of the above civil administrative penalty shall 

not be used by Respondent or any other person as a tax deduction 

from Respondent's federal, state, or local taxes. 

24. If Respondent fails to pay the assessed civil 

administrative penalty specified in Paragraph 21 by the deadline 

specified in Paragraph 22, then Respondent shall pay to EPA the 

stipulated penalty of TWELVE THOUSAND, NINE HUNDRED DOLLARS 

($12,900) rather than the assessed penalty, which shall become 

due and payable upon EPA's written request. Such failure by 

Respondent may also subject Respondent to a civil action to 

collect any unpaid portion of the assessed penalty, together with 

interest, handling charges, and nonpayment penalties as set forth 

in Paragraph 25 below. In any such collection action, the 

validity, amount, and appropriateness of this CAFO or the penalty 

assessed hereunder are not subject to review. 

25. Pursuant to 42 U.S.C. § 7413(d) (5) and 31 U.S.C. 

§ 3731, Respondent shall pay the following amounts: 

a. Interest: Any unpaid portion of the assessed penalty 

shall bear interest at the rate established pursuant to 26 U.S.C. 

§ 6621(a) (2) from the effective date of this CAFO, provided, 

however, that no interest shall be payable on any portion of the 

assessed penalty that is paid within thirty (30) days of the 

effective date of this CAFO. 

b. Handling Charge: Pursuant to 31 U.S.C. § 3717(e) (1), a 

monthly handling charge of $15 shall be paid for any month in 

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which any portion of the assessed penalties is more than 30 days 

past due. 

c. Attorney Fees, Collection Costs, Nonpayment Penalty: 

Pursuant to 42 U.S.C. § 7413(d) (5), if Respondent fails to pay on 

a timely basis the full amount of the assessed penalty, interest, 

and handling charges, it shall be liable for the United States' 

enforcement and collection expenses, including, but not limited 

to, attorney fees and costs incurred by the United States for 

collection proceedings, and a quarterly nonpayment penalty for 

each quarter during which such failure to pay persists. Such 

nonpayment penalty shall be ten percent (10%) of the aggregate 

amount of Respondent's outstanding or overdue penalties and 

nonpayment penalties accrued from the beginning of such quarter. 

F. RETENTION OF RIGHTS 

26. In accordance with 40 C.F.R. § 22.18(c), this CAFO only 

resolves Respondent's liability for federal civil penalties for 

the violations and facts specifically alleged in Section I.C of 

this CAFO. Nothing in this CAFO is intended to or shall be 

construed to resolve (I) any civil liability for violations of 

any provision of any federal, state, or local law, statute, 

regulation, rule, ordinance, or permit not specifically alleged 

in Section I.C of this CAFO; or (ii) any criminal liability. EPA 

specifically reserves any and all authorities, rights, and 

remedies available to it (including, but not limited to, 

injunctive or other equitable relief or criminal sanctions) to 

address any violation of this CAFO or any violation not 

specifically alleged in Section I.C of this CAFO. 

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LI. ~nlS CAtU aoes not exempt, relieve, modify, or affect 

in any way Respondent's duty to comply with all applicable 

federal, state, and local laws, regulations, rules, ordinances, 

and permits. 

G. ATTORNEYS' FEES AND COSTS 

28. Except as set forth in Paragraph 25(c) above, each 

party shall bear its own attorneys' fees, costs, and 

disbursements incurred in this proceeding. 

H. EFFECTIVE DATE 

29. In accordance with 40 C.F.R. §§ 22.18(b) (3) and 

22.31(b), this CAFO shall be effective on the date that the final 

order contained in this CAFO, having been approved and issued by 

either the Regional Judicial Officer or Regional Administrator, 

is filed. 

I. BINDING EFFECT 

30. The undersigned representative of Complainant and the 

undersigned representative of Respondent each certifies that he 

or she is fully authorized to enter into the terms and conditions 

of this CAFO and to bind the party he or she represents to this 

CAFO. 

31. The provisions of this CAFO shall apply to and be 

binding upon Respondent and its officers, directors, employees, 

agents, trustees, servants, authorized representatives, 

successors, and assigns. 

32. This Consent Agreement constitutes the entire 

agreement between the parties resolving this matter arising under 

the CAA. 

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Date: ~?~ ~ By: 

Power 

OF WATER 

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33. This document constitutes an "enforcement response" as 

that term is used in EPA's Penalty Policy for t~e purposes of 

determining Respondent's "full compliance history" as provided in 

Section 113(e) of the Act, 42 U.S.C. § 7413(e}. 

FOR RESPONDENT, LOS ANGELES DEPARTMENT OF WATER AND POWER 

FOR COMPLAINANT, EPA REGION IX 


Date: qt2fJtJ~ By: 

Director, Air Division 

U.S. 	ENVIRONMENTAL PROTECTION 

AGENCY, REGION IX 

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II. FINAL ORDER 

Complainant and Respondent, having entered into the 

foregoing 	Consent Agreement, 

IT IS HEREBY ORDERED that this CAFO (Docket No. CAA-09-2008­

o3 8)' be entered, and that Respondent shall pay a civil 

administrative penalty in the amount of NINE THOUSAND, THIRTY 

DOLLARS ($9,030) and comply with the terms and conditions set 

forth in the Consent Agreement. 

oq 1.:?9 10$ 

DATE 

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..,-" . 

CERTIFICATE OF SERVICE 


I certify that the original copy of the foregoing Consent Agreement and Final Order for 

The Los Angeles Department of Water and Power was filed with the Regional Hearing Clerk, 

Region IX and that a copy was sent by U.S. Certified Mail, Return Receipt Requested, to: 

Aram Benyamin 

Senior Assistant General Manager 

Los Angeles Department of Water and Power 

111 N. Hope Street 

Los Angeles, CA 90012 

Certified Mail No. 7003 3110 0006 2982 

Date: 

Regional Hearing Clerk