EPA v. FIRST MARINE SHIPYARD, INC.

Case summary

THIS IS A REFERRAL UNDER THE CLEAN WATER ACT, SECTION 311. THE DEFENDANTS HAVE VIOLATED THE OIL POLLUTION PREVENTION REGULATIONS TO THE CLEAN WATER ACT WHICH GOVERN THE PREPARATION AND IMPLEMENTATION OF SPILL PREVENTION CONTROL A ND COUNTERMEASURE PLANS. FIRST MARINE SHIPYARD INC. HAD NO SPCC PLAN AVAILABLE ON-SITE AT THE TIME OF INSPECTION AND DID NOT HAVE ADEQUATE CONTAINMENT AROUND ITS OIL TANKS. A POSSIBLE JUDICIAL ORDER DIRECTING FIRST MARINE TO COMPLY WITH THE SPCC REQUIREMENTS OF 40 C.F.R. PART 112, AND THE IMPOSITION OF A CIVIL PENALTY. THE REGION HAS BEEN IN CONSTANT CONTACT WITH THE DEFENDANTS SINCE THE INITIATION OF A MULTIMEDIA ACTION AGAINST ALL ENTITIES UNDER THE OWNERSHIP AND CONTROL OF THE FRANK FAMILY, WHICH OWNS A CONTROLLING INTEREST IN STANDARD TANK, D/B/A FIRST MARINE. THIS CASE IS IMPORTANT BECAUSE IT IS PART OF A MULTIMEDIA EFFORT AGAINST THE CORPORATE ENTITIES IN THE REGION CONTROLLED BY THE FRANK FAMILY, A GROUP THAT HAS LONG BEEN A SOURCE OF ENVIRONMENTAL PROBLEMS IN THE REGION. FIRST MARINE WAS INSPECTED ON OCTOBER 9, 1990 AS PART OF A MULTIMEDIA INSPECTION. IN 08/91, THE REGION DECIDED TO INITIATE A MULTIMEDIA REFERRAL TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR CIVIL ENFORCEMENT. * FIRST MARINE SHIPYARD, INC. 2945 RICHMOND TERRACE STATEN ISLAND, NEW YORK 10303 * OWNERSHIP: PRIVATE

Defendants (1)

• FIRST MARINE SHIPYARD, INC.Named in complaint

Facilities (1)

• FIRST ASSOCIATED MARINE ENTERPRISES INC

  2945 RICHMOND TERR, STATEN ISLAND, NY, 10303

  Registry ID: 110004393745

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Timeline (5 milestones)

• 1990-10-15Enforcement Action Data Entered
• 1991-09-30Referred To Dept Of Justice
• 1992-01-24Complaint Filed With Court
• 1994-03-31Concluded
• 1994-03-31Enforcement Action Closed