EPA v. CAPT. JOSEPH J. O'CONNELL CO. INC.

Case summary

On June 21, 2023, the Regional Judicial Officer approved an expedited settlement agreement with Captain Joseph J. O'Connell Co., Inc. ( Captain Joseph ) of Fall River, Massachusetts resolving violations of the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity ( MSGP ). On December 16, 2022, the Region conducted an inspection of Captain Joseph, which operates a marina boat yard and repair business, and found that it failed to develop, maintain, or get approval for an adequate Stormwater Pollution Prevention Plan ( SWPPP ) (including failure to develop the SWPPP in accordance with good engineering practices and to industry standards by a qualified person) and failed to properly install, initiate, or fully implement industrial stormwater controls as required by the MSGP. Captain Joseph's facility was also subject to Spill Prevention, Control, and Countermeasure ( SPCC ) rule requirements but did not have an SPCC Plan in place. Captain Joseph promptly corrected the violations. The settlement requires that the company pay a $16,875 penalty. The facility is located in an area impacted by Environmental Justice issues. The Region worked in coordination with the Massachusetts Department of Environmental Protection on this case.

Defendants (1)

• Captain Joseph J. O'Connell Co., Inc.Named in complaintNamed in settlement

Facilities (1)

• CAPT JOSEPH J O'CONNELL CO INC

  180 RIVER STREET, FALL RIVER, MA, 02720

  Registry ID: 110064870965

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CAPT. JOSEPH J. O'CONNELL CO. INC.entered 2023-06-21

  Primary law: CWA

  Federal penalty: $16,875

Timeline (3 milestones)

• 2023-06-21Complaint Filed/Proposed Order
• 2023-06-21Final Order Issued
• 2023-06-26Enforcement Action Data Entered