EPA v. FITZGERALD SHIPYARD

Case summary

On November 27, 2023, the Regional Judicial Officer approved an expedited settlement agreement with Capstan Management Inc. (aka Fitzgerald Shipyard) (Fitzgerald) of Chelsea, Massachusetts resolving alleged violations of Section 301 of the Clean Water Act. An EPA inspection of the facility revealed that the facility was discharging boat bottom wash water to the Mystic River after passing it through a filter fabric. These discharges were neither authorized by an individual National Pollutant Discharge Elimination System (NPDES) permit nor the NPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP). The company promptly worked towards eliminating the discharge of bottom wash water and obtaining MSGP coverage. The settlement requires that the company pay a $8,789 penalty. Fitzgerald is located in a neighborhood impacted by Environmental Justice issues. The Region worked in coordination with the Massachusetts Department of Environmental Protection on this case.

Defendants (1)

• Capstan Management Inc.Named in complaintNamed in settlement

Facilities (1)

• FITZGERALD SHIPYARD

  1 WINNISIMMET STREET, CHELSEA, MA, 02150

  Registry ID: 110070837402

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• FITZGERALD SHIPYARDentered 2023-11-27

  Primary law: CWA

  Federal penalty: $8,789

Timeline (3 milestones)

• 2023-11-27Final Order Issued
• 2023-11-27Complaint Filed/Proposed Order
• 2023-11-29Enforcement Action Data Entered