9/9/09 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $20,000 DUE WITHIN 30 DAYS.
BASED ON ELECTRONIC DISPOSAL MONITORING DATA, SUBMITTED TO EPA ON APR 18, 2008 AND APR 25, 2008, AND THE U.S. ARMY CORPS OF ENGINEERS REPORT, JACKSONVILLE ODMDS POST DISPOSAL SUMMARY REPORT FOR MAINTENANCE DREDGING OF U.S. NAVAL STATION, MAYPORT ENTRANCE CHANNEL, TURNING BASIN, DESTROYER SLIP, CARRIER BASIN AND PIER C-2 [CONTRACT NUMBER W912EP-08-C-0004] , DATED JUL 18, 2008, EPA ALLEGES THAT RESPONDENT VIOLATED MPRSA SEC 101(a)(1), BY DISPOSING OF DREDGED MATERIAL IN THE ATLANTIC OCEAN OUTSIDE OF THE LOCATION SPECIFIED IN THE PERMIT. THE SPECIFIC VIOLATIONS VIOLATIONS ARE AS FOLLOWS:
1. ON APRIL 11, 2008, RESPONDENT, OPERATING THE TUG CALUSA COAST, SCOW N4002, DEPARTED THE DREDGING SITE AT MAYPORT NAVAL BASE, ON TRIP 87 OF THE PROJECT, LOADED WITH DREDGED MATERIAL. AT APPROX 2130 HOURS, PERSONNEL OPERATING THE TUG AND SCOW DISPOSED OF AN ESTIMATED 4483 CUBIC YARDS OF DREDGED MATERIAL APPROX 275 METERS SOUTH OF THE PERMITTED DISPOSAL ZONE.
2. ON APR 19, 2008, RESPONDENT, OPERATING THE TUG CALUSA COAST, SCOW BR-8, DEPARTED THE DREDGING SITE AT MAYPORT NAVAL BASE, ON TRIP 109 OF THE PROJECT, LOADED WITH DREDGED MATERIAL. AT APPROX 0525, PERSONNEL OPERATING THE TUG AND SCOW DISPOSED OF AN ESTIMATED 4417 CUBIC YARDS OF DREDGED MATERIAL APPROX 460 METERS EAST OF THE PERMITTED DISPOSAL ZONE AND 150 METERS EAST OF THE EASTERN BOUNDARY OF THE ODMDS.