9/27/19 - COMPLAINT FILED.
7/15/2021 - ADMINISTRATIVE CONSENT AGREEMENT AND FINAL ORDER ISSUED
ALLEGED VIOLATIONS:
EXCEPT AS AUTHORIZED BY SECTION 101(a) OF THE MPRSA, RESPONDENT WAS PROHIBITED FROM TRANSPORTING ANY MATERIAL FROM THE PHASE 3 FEDERAL PROJECT FOR THE PURPOSE OF DUMPING INTO OCEAN WATERS.
THROUGH THE FOLLOWING ACTIONS BETWEEN THE DATES OF DEC 16, 2013 AND JULY 12, 2015, RESPONDENT TRANSPORTED DREDGED MATERIAL FROM PHASE 3 FOR THE PURPOSE OF DUMPING SUCH MATERIAL AT THE MIAMI ODMDS 95 TIMES IN A MANNER INCONSISTENT WITH THE MIAMI ODMDS SMMP AND IN VIOLATION OF THE DREDGED MATERIAL PERMIT, 40 CFR 228.15(h)(19) AND SECTION 101(a) OF MPRSA.
A. ON 37 OCCASIONS, VESSELS USED BY RESPONDENT TO PERFORM PHASE 3 EXPERIENCE LEAKAGE DURING TRANSIT FROM THE DREDGE PROJECT AREA TO THE MIAMI ODMDS IN VIOLATION OF SMMP SECTION 2.8;
B.ON 36 OCCASIONS, VESSELS USED BY RESPONDENT TO PERFORM PHASE 3 EXITED THE MIAMI ODMDS WITH OPEN DOORS IN VIOLATION OF SMMP SECTION 2.8;
C. ON 2 OCCASIONS, VESSELS USED BY RESPONDETN TO PERFORM PHASE 3 DISPOSED OF DREDGED MATERIAL OUTSIDE OF THE MIAMMI ODMDS RELEASE ZONE IN VIOLATION OF SMMP SECTION 2.8;
D. ON 11 OCCASIONS, RESPONDENT FAILED TO COMPLY WITH REPORTING REQUIREMENTS IN VIOLATION OF SMMP SECTION 3.6.1; AND
E. ON 9 OCCASIONS, VESSELS USED BY RESPONDENT TO PERFORM PHASE 3 TRANSITED THE FLORIDA KEYS PARTICULARLY SENSITIVE SEA AREA DURING TRANSIT TO AND/OR FROM THE MIAMI ODMDS IN VIOLATION OF SMMP SECTION 2.7.