EPA v. FAIRHAVEN SHIPYARD

Case summary

On October 18, 2012, the District Court for the District of Massachusetts entered a consent decree settling claims for violations of Sections 301 and 311 of the Clean Water Act against Fairhaven Shipyard Companies, Inc. (FSY). FSY owns and operates two boat building/repair and marina facilities on New Bedford Harbor in Massachusetts. The claims arose out of FSY?s unpermitted discharges of process water between December 2005 and July 2009, its failure to obtain and comply with conditions of the Multi-Sector General Permit for discharges of stormwater associated with industrial activities, and failure to prepare and implement a Spill Prevention, Control and Countermeasure plan. The company eliminated its process water discharge and began to comply with EPA?s stormwater and SPCC requirements under an Administrative Compliance Order issued in 2009. The consent decree requires Fairhaven to comply with its stormwater permit including installing additional measures to reduce and minimize the discharge of pollutants to New Bedford Harbor. Fairhaven will also improve site cleanup measures, and will undertake a Copper Reduction Study/Evaluation Report to identify technologies and best management practices to further reduce loadings of pollutants in stormwater. The consent decree requires FSY to pay a civil penalty of $175,000 based on its ability to pay.

Defendants (1)

• FAIRHAVEN SHIPYARDNamed in complaintNamed in settlement

Facilities (1)

• FAIRHAVEN SHIPYARD COMPANIES INC (NORTH YARD)

  32 WATER STREET, FAIRHAVEN, MA, 02719

  Registry ID: 110047387497

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• FAIRHAVEN SHIPYARDentered 2012-10-18

  Primary law: CWA

  Federal penalty: $175,000

Timeline (9 milestones)

• 2010-10-18Enforcement Action Data Entered
• 2010-12-23Referred To Dept Of Justice
• 2010-12-23Referred To Headquarters
• 2012-07-02Complaint Filed With Court
• 2012-07-02Final Order Lodged
• 2012-10-18Final Order Entered
• 2012-10-18Concluded
• 2016-08-12NPDES Closed
• 2016-08-12Enforcement Action Closed