This is a Class II civil administrative penalty proceeding under Section 309(g)(l)(A) and 2(8) of the Clean Water Act (CWA), 33 U.S.C. Section 1319(g)(l)(A) and 2(8), and 40 C.F.R. Part 22 (Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits). Pursuant to Section 309(g) of the CWA, 33 U.S.C. Section 1319(g), the Administrator of the United States Environmental Protection Agency (EPA) is authorized to assess administrative penalties against persons who violate Section 301(a) of the CWA, 33 U.S.C. Section 1311(a). The Administrator has delegated this authority to the Regional Administrator of the EPA Region 9, who in turn has delegated this authority to the Director of the Enforcement and Compliance Assurance Division, hereinafter, Complainant. Respondents are International Industrial Park, Inc., and SD Commercial, LLC, both located at 5440 Morehouse Drive, Suite 4000, San Diego, CA. This Consent Agreement and Final Order (CA/FO), which contains the elements of a complaint required by 40 C.F.R. Section 22.14(a), simultaneously commences and concludes this
penalty proceeding, as authorized by 40 C.F.R. Sections 22.13(b) and 22.18(b)(2) and (3).