9/29/16 - ADMINISTRATIVE CONSENT AGREEMENT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $450,000.
ALLEGATIONS:
ON JULY 19 2014, THE EPA AND RESPONDENT MET TO DISCUSS THE ALLEGATIONS. IN RESPONSES TO THAT MEETING, THE RESPONDENT PROVIDED ADD'L WRITTEN MATERIAL TO EPA ON JULY 23, 2014. IN ADDITION, ON NOVEMBER 3, 2014, THE RESPONDENT SENT EPA AN EMAIL WITH ATTACHMENT WITH THIS PROJECT, INCLUDING JULY 23, 2014, RESPONSE FROM THE RESPONDENT AND THE NOV 3, 2014, SUBMITTAL.
AS A RESULT OF THAT MEETING AND FURTHER DISCUSSIONS, EPA ALLEGES THE FOLLOWING VIOLATIONS OF MPRSA:
A. ON 5 OCCASIONS, RESPONDENT DISPOSED DREDGED MATERIAL IN THE ATLANTIC OCEAN OUTSIDE OF THE JACKSONVILLE ODMDS RELEASE ZONE SPECIFIED FOR DISPOSAL BY SPECIAL CONDITION 12 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFICATION 1.4.2.1). BASED ON MODELING ANALYSIS CONDUCTED BY USACE STAFF IN SEPT 2013 THE REQUIRED LEVEL OF DILUATION SERVING AS THE BASIS FOR PERMIT REQUIREMENTS WAS NOT ACHIEVED ON THESE FIVE OCCASION;
B. ON 7 OCCASIONS, THE RESPONDENT DISPOSED DREDGED MATERIAL IN THE ATLANTIC OCEAN OUTSIDE OF THE JACKSONVILLE ODMDS RELEASE ZONE SPECIFIED FOR DISPOSAL BY SPECIAL CONDITION 12 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFICATION 1.4.2.1 AND 3.3.1;
C. ON 12 OCCASIONS, THE RESPONDENT LEFT THE HULL OPEN OUTSIDE THE DESIGNATED ODMDS, A VIOLATION OF SPECIAL CONDITION 14 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFICATION 3.3.3);
D. ON 2 OCCASIONS, THE RESPONDENT CAUSED EXCESSIVE LE