Public Notice: MI Metals Inc., Prescott Valley, Arizona: Proposed Settlement of Clean Water Act Class I Administrative Penalty

Summary

EPA is providing notice of a proposed administrative penalty settlement with MI Metals Inc., (Respondent) for violations of the Clean Water Act (CWA) at its facility located in Prescott Valley, Arizona. EPA alleges the Respondent violated the Pretreatment Regulations by failing to submit semi-annual compliance reports to the Control Authority, as required by 40 CFR § 403.12(e)(1).

In accordance with Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), and the Consolidated Rules of Practice at 40 C.F.R. Part 22, EPA and Respondent have entered into a Proposed Expedited Settlement Agreement (ESA) to simultaneously commence and conclude this CWA Class I civil administrative penalty proceeding. Under the Proposed ESA, Respondent will pay the United States a civil administrative penalty of $2,000 to resolve this matter.

In the Matter of MI Metals Inc., Prescott Valley, Arizona. Docket No. CWA-09-2025-0004

Complainant: Roberto Rodriguez, Assistant Director, Water Branch, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.

Respondent: MI Metals, Inc., 7555 State Route 69, Suite B, Prescott Valley, AZ 86314.

Description of Business or Activity Conducted by the Respondent: Respondent is a job shop aluminum extruder. The facility receives aluminum billets and then cuts, heats, and extrudes the metal before air cooling and then baking the metal. The facility also performs electrostatic painting.

Summary of Alleged Violations: Respondent is a categorical industrial user (CIU) under the CWA pretreatment regulations, specifically 40 CFR § 467.35 Subpart C – Aluminum Forming Extrusion Subcategory. As required by 40 CFR § 403.12(e)(1), a CIU must submit semi-annual compliance reports to the Control Authority. Because the Prescott Valley Treatment Plant, a publicly owned treatment works, does not have an approved pretreatment program, the Control Authority is the Arizona Department of Environmental Quality. For the past five years, Respondent did not submit any semi-annual compliance reports to the Control Authority, which constitutes ten violations of the CWA.   

Proposed Penalty: $2,000

For More Information

Persons wishing to receive a copy of Part 22 or review the Expedited Settlement Agreement may contact the Regional Hearing Clerk at R9HearingClerk@epa.gov. Please note the Code of Federal Regulations is available online at www.ecfr.gov.

Applicants or Respondents

Docket Numbers

• CWA-09-2025-0004

Related Documents

• Expedited Settlement Agreement: MI Metals Inc., Prescott, AZ (pdf) (103.5 KB, October 27, 2024)
  The United States Environmental Protection Agency (EPA) and MI Metals, Inc., a Florida corporation enter into this Expedited Settlement Agreement to resolve Respondent’s federal civil penalty liability for alleged violations of the Clean Water Act Pretreatment Regulations for wastewater discharges to the Prescott Valley (AZ) Treatment Plant. Docket No. CWA-09-2025-0004.