6/21/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $38,397, DUE WITHIN 30 DAYS.
ALLEGATIONS:
AT ALL TIMES RELEVANT TO THIS CONSENT AGREEMENT AND FINAL ORDER, THE RESPONDENT OWNED AND/OR OPERATED A TOTAL OF 200 COMMERCIAL VESSELS OF VARIOUS CONFIGURATIONS THAT ARE GREATER THAN OR EQUAL TO 79 FEET IN LENGTH AND SUBJECT TO TERMS AND CONDITIONS OF THE NPDES VESSEL GENERAL PERMIT FOR DISCHARGES INCIDENTAL TO THE NORMAL OPERATIONS OF VESSELS (VGP) IN NAVIGABLE WATERS OF THE U.S.
ON NOV 13, 2015, EPA SENT AN INFO REQUEST LETTER (308 LETTER) TO RESPONDENT REQUESTING INFORMATION REGARDING VESSELS OWNED AND OPERATED BY RESPONDENT TO DETERMINE COMPLIANCE WITH REQUIREMENTS OF THE VGP.
AS A RESULT OF EPA'S REVIEW OF RESPONDENT'S RESPONSE TO THE INFO REQUEST, EPA MADE THE FOLLOWING OBSERVATIONS AND DETERMINATIONS:
A. DURING THE PERIOD OF DEC 19, 2008 THRU DEC 23, 2015, RESPONDENT OWNED AND/OR OPERATED THE VESSELS LISTED IN THIS ORDER THAT ARE GREATER THAN OR EQUAL TO 300 GROSS TONS OR HAVE THE CAPACITY TO HOLD OR DISCHARGE MORE THAN 8 CUBIC METERS (2113 GALLONS) OF BALLAST WATER AND WHICH DISCHARGED POLLUTANTS INCIDENTAL TO THE NORMAL OPERATION OF THE VESSELS INTO NAVIGABLE WATERS OF THE U.S. W/OUT OBTAINING A VGP, AND IS THEREFORE IN VIOLATION OF CWA 301(a).
B. DURING THE PERIOD OF DEC 19, 2008, THRU DEC 23, 2015, RESPONDENT OWNED AND/OR OPERATED TWO VESSELS THAT ARE GREATER THAN OR EQUAL TO 79 FEET AND LESS THAN 300 GROSS TONS AND NOT CAPABLE OF HOLDING OR DISCHAR