EPA v. CASHMAN DREDGING & MARINE CONTRACTING CI LLC

Case summary

EPA is filing a civil administrative penalty action against Cashman Dredging & Marine Contracting Co LLC for violations of the Marine Protection, Research and Sanctuaries Act ( MPRSA ) relating to the dredging of Portland, ME Harbor and New Bedford, MA Harbor in a manner inconsistent with an authorization and permit issued by the U S Army Corps of Engineers ( USACE ), Specifically, the Region alleges that the company dumped dredged material at locations within Portland Disposal Site and Rhode Island Sound Disposal Site outside the disposal point coordinates authorized by the USACE. In the Portland dredging project, it was disposed of 1.4 miles from the designated coordinates: In New Bedford dredging projects, it was over 3 miles. Region filed a consent agreement and final order settling its administrative penalty action against Cashman Dredging & Marine Contracting Co., LLC / Cashman-Weeks NB, JV, for violations of the Marine Protection, Research and Sanctuaries Act (?MPRSA?) relating to the dredging of Portland, ME Harbor and New Bedford, MA Harbor in a manner inconsistent with an authorization and permit issued by the U.S. Army Corps of Engineers (?USACE?). Based on information subsequently provided showing that it was the joint venture, Cashman-Weeks, that was responsible for the New Bedford ?misdump,? the Region amended its complaint to include this joint venture as a respondent. Under the terms of the settlement, Cashman agrees to pay a penalty of $42,000 and to implement an ?Innovative Technology? Supplemental Environmental Project (?SEP?). Under the SEP, Cashman will (1) purchase and install a GPS Interlock for Scow Barge Dumping (hereinafter referred to as the ?GeoFence?) on each of its five scows; (2) subsequently collect data on the operation and performance of the GeoFence; (3) draft a technical paper based on the collected data; (4) give a presentation on the GeoFence at an industry conference or symposium; and (5) generally share information on its operation within the dredging industry. The cost of the GeoFence, per scow, is $26,024.77, for a total cost of $130,123.86. Region filed a consent agreement and final order settling its administrative penalty action against Cashman Dredging & Marine Contracting Co., LLC / Cashman-Weeks NB, JV, for violations of the Marine Protection, Research and Sanctuaries Act (?MPRSA?) relating to the dredging of Portland, ME Harbor and New Bedford, MA Harbor in a manner inconsistent with an authorization and permit issued by the U.S. Army Corps of Engineers (?USACE?). Based on information subsequently provided showing that it was the joint venture, Cashman-Weeks, that was responsible for the New Bedford ?misdump,? the Region amended its complaint to include this joint venture as a respondent. Under the terms of the settlement, Cashman agrees to pay a penalty of $42,000 and to implement an ?Innovative Technology? Supplemental Environmental Project (?SEP?). Under the SEP, Cashman will (1) purchase and install a GPS Interlock for Scow Barge Dumping (hereinafter referred to as the ?GeoFence?) on each of its five scows; (2) subsequently collect data on the operation and performance of the GeoFence; (3) draft a technical paper based on the collected data; (4) give a presentation on the GeoFence at an industry conference or symposium; and (5) generally share information on its operation within the dredging industry. The cost of the GeoFence, per scow, is $26,024.77, for a total cost of $130,123.86.

Defendants (1)

• Cashman Dredging & Marine Contracting Co LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• CASHMAN DREDGING AND MARINE CONTRACTING COMPANY LLC

  549 SOUTH STREET, QUINCY, MA, 02169

  Registry ID: 110042353048

Statutes cited

• MPRSA 101A — Mar. Prot, Res & Sanc Act

Enforcement conclusions (1)

• CASHMAN DREDGING & MARINE CONTRACTING CI LLCentered 2015-10-13

  Primary law: MPRSA

  Federal penalty: $42,000 · SEP: $130,123

Timeline (3 milestones)

• 2015-04-02Complaint Filed/Proposed Order
• 2015-04-08Enforcement Action Data Entered
• 2015-10-13Final Order Issued