Public Notice: Proposed Settlement of CWA Section 309(g) Class I Administrative Penalty; RTA Construction Inc., Redding, CA
Summary
EPA is providing notice of a proposed administrative penalty settlement with RTA Construction Inc. of Redding, California (Respondent) for violation of the Clean Water Act (CWA). EPA alleges that Respondent violated CWA Section 301(a), 33 U.S.C. § 1311(a), by discharging fill material into waters of the United States without obtaining from the U.S. Army Corps of Engineers a permit issued under CWA Section 404, 33 U.S.C. § 1344. Specifically, the EPA alleges that between at least January 2022 and March 2022, Respondent or persons acting on behalf of Respondent, used earthmoving equipment at a property located in Anderson, CA (Property) to place rocks below the ordinary high-water mark of the Sacramento River. The rocks that the Respondent placed or caused to be placed at the Property filled approximately 0.27 acres or 128 linear feet of the Sacramento River.
Pursuant to Section 309(g) of the CWA, 33 U.S.C. § 1319(g), and in accordance with 40 C.F.R. Part 22 (rules of practice for assessing administrative civil penalties), EPA proposes entering into a Consent Agreement and Final Order (CA/FO) with Respondent to simultaneously commence and conclude this CWA Class I civil administrative penalty proceeding. Under the proposed CA/FO, Respondent will pay the United States a civil penalty of $21,738 to resolve this matter.
In the Matter of RTA Construction Inc., EPA Docket Number CWA-09-2026-0058
Complainant: Amy Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
Respondent: RTA Construction Inc.
Description of Business or Activity Conducted by the Respondent: between at least January 2022 and March 2022, Respondent or persons acting on behalf of Respondent, used earthmoving equipment at a property located in Anderson, CA (Property) to place rocks below the ordinary high-water mark of the Sacramento River. The rocks that the Respondent placed or caused to be placed at the Property filled approximately 0.27 acres or 128 linear feet of the Sacramento River.
Summary of Alleged Violation: Respondent discharged fill materials into waters of the United States without obtaining a permit from the U.S. Army Corps of Engineers.
Proposed Penalty: $21,738
Applicants or Respondents
RTA Construction Inc.Redding, CA 96003
United States