# HOMER SMITH SEAFOOD
> **Judicial** · FY1984 · — · Final Order With Penalty
## Case
- **Activity ID:** `20202`
- **Case Number:** 04-1984-0015
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $20K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- HOMER SMITH SEAFOOD COMPANY (complaint) (settlement)
- SMITH, HOMER (complaint) (settlement)
## Summary

NATURE OF THE CASE:  HOMER SMITH, AN INDIVIDUAL, OWNS AND  OPERATES THE HOMER SMITH SEAFOOD CO, A SCALLOP PROCESSING    AND PACKAGING PLANT IN ST. JOHNS COUNTY, FLORIDA. THIS FACIL ITY DISCHARGES ITS VIRTUALLY UNTREATED WASTEWATER TO TROUT   CREEK, A TIDAL CREEK WHICH IS A TRIBUTARY TO THE ST. JOHNS   RIVER.                                                         A REVIEW OF THIS COMPANYS' COMPLIANCE HISTORY INDICATES    THAT ADMINISTRATIVE REMEDIES ARE NOT VIABLE IN THIS CASE.    HOMER SMITH'S DISCHARGE IS CAPABLE OF CAUSING ENVIRONMENTAL  DAMAGE, INCLUDING LOW DISSOLVED OXYGEN LEVELS. NEITHER EPA'S NPDES PERMIT, NOR THE PROPOSED STATE CONSTRUCTION PERMIT,    ALLOWS HOMER SMITH TO DISCHARGE TO TROUT CREEK BECAUSE OF    ITS ENVIRONMENTAL SENSITIVITY. THOSE PERMITS PROVIDE FOR A   DISCHARGE TO THE LESS ENVIRONMENTALLY SENSITIVE ST. JOHNS    RIVER.                                                         RECOMMENDED ACTION:  THIS SUIT SHOULD SEEK CIVIL PENALTIES AND INJUNCTIVE RELIEF PURSUANT TO SECTION 309 OF THE CWA     WHICH WOULD ADDRESS THE UNPERMITTED DISCHARGE AND VIOLATIONS OF THE ADMINISTRATIVE ORDER.

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