OCWAP Enforcement Action Summary:
Gary Foglio Trucking, Inc.
Oregon Clean Water Action Project sent Gary Foglio Trucking, Inc. a Clean Water Act notice of intent to sue letter on behalf of Sierra Club on October 28, 2005. (A Clean Water Act notice of intent to sue letter notifies a party of how it has violated the Clean Water Act and gives them sixty days to come into compliance with the Clean Water Act. If the recipient of the letter does not come into compliance within sixty days, the sender of the letter may then file suit in federal district court in a further attempt to get the violator to comply. The Clean Water Act allows a court to impose penalties of up to $32,500 per day for each violation, which usually give a violator a strong incentive to come into compliance.)
OCWAP’s notice letter to Gary Foglio Trucking, Inc. mainly concerned Gary Foglio Trucking, Inc.’s failure to conduct required grab sampling and visual monitoring under Oregon's statewide general industrial stormwater permit. Gary Foglio (president of Gary Foglio Trucking, Inc.) responded to our October 28 notice letter with a November 3 letter explaining that visual monitoring had been taking place but that he did not realize that visual monitoring results need to be submitted to the Oregon Department of Environmental Quality regardless the results. Mr. Foglio attached the missing monitoring data to his November 3 letter. With regard to grab sampling, Mr. Foglio outlined various controls that have been implemented to ensure that required grab sampling takes place in the future.
