EPA v. VEPCO AND CURTIS TOWING

Case summary

ON 9/18 & 20/85, THE CEDAR POINT & CAPE CHARLES, TWO TUG- BOATS OWNED & OPERATED BY THE CURTIS BAY TOWING CO. OF VA (CURTIS BAY), DREDGED THE BARGE SLIP AT THE VA ELECTRIC & POWER CO.(VEPCO) CHESTERFIELD POWER STATION, DISCHARGING AP- PROXIMATELY 4,000 CUBIC YARDS OF DREDGED MATERIAL INTO THE JAMES RIVER WITHOUT A CWA PERMIT. THIS DREDGING WAS PERFORM- ED AT THE REQUEST OF THE VEPCO IN ORDER TO PREPARE THE BARGE SLIP, WHICH HAD ACCUMULATED A QUANITY OF SEDIMENT, FOR IN- COMING COAL BARGES SCHEDULED TO COMMENCE DELIVERY 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. SEC 301(A) OF THE CWA, 33 USC SEC 1311(A), PROHIBITS SUCH UNAUTHORIZED DIS- CHARGES, & THEY ARE ACTIONABLE UNDER SECS 309(B) & (D), 33 USC SEC 1319(B),(D). EPA CANNOT PROVE THE DISCHARGES CAUSED SIGNIFICANT ENVIRONMENTAL HARM BECAUSE HIGH FLOWS IN THE JAMES RIVER SUBSEQUENT TO THE DISCHARGES HAVE PROBABLY ELIMINATED ALL TRACES OF THE DISCHARGES. 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 NEGOTIATION S W/THE DEFENDANTS & 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 OECM & THE ENVIRONMENTAL DE- FENSE SECTION IN DOJ'S LAND & NATURAL RESOURCES DIVISION HAVE BEEN APPRISED OF THE FACTS OF THE CASE & THESE NEGOTIA- TIONS.

Defendants (2)

• CURTIS BAY TOWING COMPANY OF VANamed in complaintNamed in settlement
• VIRGINIA ELECTRIC & POWER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• VIRGINIA ELECTRIC POWER COMPANY CHESTERFIELD POWER STATION

  500 COXENDALE ROAD, CHESTER, VA, 23836

  Registry ID: 110000342530

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• VEPCO AND CURTIS TOWINGentered 1986-12-29

  Primary law: CWA

  Federal penalty: $17,500

Timeline (7 milestones)

• 1986-06-16Referred To Headquarters
• 1986-07-14Referred To Dept Of Justice
• 1986-12-24Complaint Filed With Court
• 1986-12-29Final Order Lodged
• 1986-12-29Final Order Entered
• 1986-12-29Concluded
• 1987-01-14Enforcement Action Closed