1/2/14 - CONSENT AGMT ISSUED, ASSESSING A PENALY OF $37,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT OCT 11, 2012, EPA RECEIVED A CITIZEN'S COMPLAINT OF AN INCIDENT THAT OCCURRED ON OR ABOUT OCT 7, 2012, INVOLVING THE OBSERVATION OF A VISIBLE SHEEN OF ANTI-FOULING PAINT RESIDUE FLOATING ON THE WATERS OF PORT CANAVERAL THAT ALLEGEDLY ORGINATED FROM THE FREEDOM OF THE SEAS DURING HULL CLEANING OPERATIONS. ON DEC 20, 2012, EPA SENT AN INFO REQUEST LETTER PURSUANT TO CWA 308 TO RESPONDENT REQUESTING INFO REGARDING, IN PART, COMPLIANCE WITH REQUIREMENTS OF THE NPDES VESSEL GENERAL PERMIT (VGP). AS A RESULT OF THE INVESTIGATION CONDUCTED BY EPA, INCLUDING A REVIEW OF RESPONDENT'S RESPONSE TO THE INFO REQUEST, EPA MADE THE FOLLOWING OBSERVATIONS AND DETERMINATIONS:
A. A VISIBLE CLOUD AND PLUME FULL OF ANTI-FOULING PAINT WERE OBSERVED BY PORT AUTHORITY OFFICIALS IN PORT CANAVERAL, A NAVIGABLE WATER OF THE U.S., DURING AND AFTER THE CLEANING OF THE POINT SOURCE, FREEDOM OF THE SEAS, IN OCT 2012. THE OBSERVATIONS MADE BY PORT AUTHORITY OFFICIALS DEMONSTRATE THAT RESPONDENT ALLOWED EXCESSIVE UNDERWATER SHIP HUSBANDRY DISCHARGES OF POLLUTANTS, IN THE FORM OF ANTI-FOULING PAINT CONTAINING COPPER AND OTHER DEBRIS LOOSED FROM THE HULL OF THE FREEDOM OF THE SEAS DURING HULL CLEANING OPERATING, WITHOUT UTILIZING METHODS TO REDUCE THE DISCHARGES INTO WATERS OF THE U.S. ON OR ABOUT OCT 7, 2012, IN VIOLATION OF PART 2.2.23 OF THE VGP.
B. RESPONDENT NOTIFIED TEH NATIONAL RESPONSE C