EPA v. CARIBE TUNA, INC.

Case summary

CARIBE TUNA IS IN VIOLATION OF CWA/301 AND NPDES PERMIT. THIS IS AN ACTION AGAINST CARIBE TUNA PURSUANT TO CWA/309. CARIBA TUNA, INC., A COMPANY OWNED BY MITSUBISHI FOODS (MC), INC., IS ENGAGED IN THE PROCESSING AND PACKING OF TUNA FISH AT A FACILITY LOCATED AT PLAYA DE PONCE, PR. A NPDES PERMIT WAS ISSUED CONTAINING EFFLUENT DISCHARGE LIMITATIONS REFLECTING BEST PROFESSIONAL JUDGEMENT TECHNOLOGY LIMITS AND WATER QUALITY STANDARDS OF THE COMMONWEALTH OF PR. CARIBE TUNA IS PERMITTED TO DISCHARGE PROCESS AND SANITARY WASTEWATERS THROUGH OUTFALL 001, AND STORM WATER THROUGH OUTFALLS 002 AND 003 INTO PONCE BAY, A WATER OF THE U.S. CARIBE TUNA HAS BEEN, AND REMAINS, IN SUBSTANTIAL AND CONTINUOUS NONCOMPLIANCE WITH PERMIT LIMITS. EVIDENCE OF THIS NONCOMPLIANCE IS BASED PRIMARILY ON ADMISSIONS FILED BY CARIBE TUNA IN THE FORM OF SELF-REPORTING DISCHARGE MONITORING REPORTS, WHICH WERE SUBMITTED UNDER THE TERMS OF THE PERMIT. THE RELIEF SOUGHT IS INJUNCTIVE RELIEF PURSUANT TO CWA/309(B) AND CIVIL PENALTIES PURSUANT TO CWA/309(B) BECAUSE CARIBE TUNA HAS BEEN RESPONSIVE TO ADMINISTRATIVE EFFORTS OF THIS AGENCY TO SECURE COMPLIANCE, INCLUDING THE ISSUANCE OF ADMINISTRATIVE ORDERS. * FACILITY ADDRESS: CARIBE TUNA INC AVE SANTIAGO DE LOS CABLLEROS KM 3.7 PONCE, PR 00731 * PERMIT#: PR0021105

Defendants (1)

• CARIBE TUNA, INC.Named in complaintNamed in settlement

Facilities (1)

• CARIBE TUNA INC

  AVE SANTIAGO DE LOS CABLLEROS, PONCE, PR, 00731

  Registry ID: 110007809586

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CARIBE TUNA, INCentered 1996-04-30

  Primary law: CWA

  Federal penalty: $300,000

Timeline (7 milestones)

• 1990-06-05Enforcement Action Data Entered
• 1990-09-26Referred To Dept Of Justice
• 1991-07-31Complaint Filed With Court
• 1996-04-30Final Order Lodged
• 1996-04-30Final Order Entered
• 1996-04-30Concluded
• 1996-09-09Enforcement Action Closed