EPA v. MONTGOMERY AREA SCHOOL DISTRICT

Case summary

ON 9/18 & 20/85, THE CEDAR POINT & CAPE CHARLES, 2 TUG- BOATS OWNED & OPERATED BY THE CURTIS BAY TOWING COMPANY OF VIRGINIA(CURTIS BAY), DREDGED THE BARGE SLIP AT THE VIRGINIA ELECTRIC & POWER COMPANY (VEPCO) CHESTERFIELD POWER STATION, DISCHARGING APPROXIMATELY 4,000 CUBIC YARDS OF DREDGED MA- TERIAL INTO THE JAMES RIVER W/OUT A CWA PERMIT.THIS DREDG- ING WAS PERFORMED AT THE REQUEST OF VEPCO IN ORDER TO PRE- PARE THE BARGE SLIP, WHICH HAD ACCUMULATED A QUANITY OF SED- IMENT, FOR INCOMING COAL BARGES SCHEDULED TO COMMENCE DELIV- ERY ON 10/1/85. THE DISCHARGES OF DREDGED SEDIMENT INTO THE JAMES RIVER, A NAVIGABLE WATER OF THE U.S., WERE UNLAWFUL BECAUSE NO CWA PERMIT WAS ISSUED PRIOR TO THE DISCHARGES. EPA CANNOT PROVE THE DISCHARGES CAUSED SIGNIFICANT ENVIRONMENTAL HARM BECAUSE HIGH FLOWS IN THE JAMES RIVER SUBSEQUENT TO THE DIS- CHARGES HAVE PROBABLY ELIMINATED ALL TRACES OF THE DISCHAR- GES. REG 3 RECOMMENDS INITIATION OF A CIVIL ACTION TO ASSESS CIVIL PENALTIES & TO RESTRAIN THE DEFENDANTS FROM FURTHER CWA VIOLATIONS OF THIS KIND. REG 3 HAS COMMENCED NEGOTIA- TIONS W/THE DEFS & ANTICIPATES HAVING A PROPOSED CD ASSES- SING A CIVIL PENALTY & PROHIBITING FUTURE SIMILAR CWA VIOLA- TIONS BY THE TIME A COMPLAINT IS READY FOR FILING. BOTH THE WATER ENFORCEMENT DIVISION IN EPA'S OFFICE OF ENFORCEMENT & COMPLIANCE MONITORING & THE ENVIRONMENT DEFENSE SECTION IN DOJ'S LAND & NATURAL RESOURCES DIVISION HAVE BEEN APPRISED OF THE FACTS OF THE CASE & THESE NEGOTIATIONS.

Defendants (1)

• MONTGOMERY AREA SCHOOL DISTRICT

Facilities (1)

• MONTGOMERY AREA SCHOOL DISTRIC

  PENN ST, MONTGOMERY, PA, 17752

  Registry ID: 110010713317

Statutes cited

• TSCA TSCA — Toxic Sub Control Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: TSCA

Timeline (3 milestones)

• 1986-05-13Enforcement Action Data Entered
• 1986-05-13Complaint Filed/Proposed Order
• 1986-05-13Enforcement Action Closed