# VEPCO AND CURTIS TOWING
> **Judicial** · FY1986 · — · Final Order With Penalty
## Case
- **Activity ID:** `10853`
- **Case Number:** 03-1986-0689
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $18K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CURTIS BAY TOWING COMPANY OF VA (complaint) (settlement)
- VIRGINIA ELECTRIC & POWER COMPANY (complaint) (settlement)
## Summary

ON 9/18 & 20/85, THE CEDAR POINT & CAPE CHARLES, TWO TUG- BOATS OWNED & OPERATED BY THE CURTIS BAY TOWING CO. OF VA    (CURTIS BAY), DREDGED THE BARGE SLIP AT THE VA ELECTRIC &    POWER CO.(VEPCO) CHESTERFIELD POWER STATION, DISCHARGING AP- PROXIMATELY 4,000 CUBIC YARDS OF DREDGED MATERIAL INTO THE   JAMES RIVER WITHOUT A CWA PERMIT. THIS DREDGING WAS PERFORM- ED AT THE REQUEST OF THE VEPCO IN ORDER TO PREPARE THE BARGE SLIP, WHICH HAD ACCUMULATED A QUANITY OF SEDIMENT, FOR IN-   COMING COAL BARGES SCHEDULED TO COMMENCE DELIVERY ON         10/1/85.                                                        THE DISCHARGES OF DREDGED SEDIMENT INTO THE JAMES RIVER,  A NAVIGABLE WATER OF THE U.S.,WERE UNLAWFUL BECAUSE NO CWA   PERMIT WAS ISSUED PRIOR TO THE DISCHARGES. SEC 301(A) OF THE CWA, 33 USC SEC 1311(A), PROHIBITS SUCH UNAUTHORIZED DIS-    CHARGES, & THEY ARE ACTIONABLE UNDER SECS 309(B) & (D), 33   USC SEC 1319(B),(D). EPA CANNOT PROVE THE DISCHARGES CAUSED  SIGNIFICANT ENVIRONMENTAL HARM BECAUSE HIGH FLOWS IN THE     JAMES RIVER SUBSEQUENT TO THE DISCHARGES HAVE PROBABLY       ELIMINATED ALL TRACES OF THE DISCHARGES.                        REG 3 RECOMMENDS INITIATION OF A CIVIL ACTION TO ASSESS   CIVIL PENALTIES & TO RESTRAIN THE DEFENDANTS FROM FURTHER    CWA VIOLATIONS OF THIS KIND. REG 3 HAS COMMENCED NEGOTIATION S W/THE DEFENDANTS & ANTICIPATES HAVING A PROPOSED CD ASSES- SING A CIVIL PENALTY & PROHIBITING FUTURE SIMILAR CWA VIOLA- TIONS BY THE TIME A COMPLAINT IS READY 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*