EPA v. TUG MARINE VENTURE (EX TRED)

Case summary

THIS REFERRAL IS BROUGHT AS A RESULT OF AN INCIDENT WHICH OCCURRED IN APRIL, 1993 FOR VIOLATION OF SECTION 301(A) OF THE CWA, 33 USC SECTION 1311 (A). TUG TRED AND BARGE M-835, WHICH WAS BEING TOWED BY THE TUGBOAT, WERE UNDERWAY IN THE CHESAPEAKE BAY. THE BARGE WAS CARRYING A LOAD OF REINFORCED CONCRETE WHICH FELL OFF THE BARGE INTO THE CHESAPEAKE BAY APPROXIMATELY ONE TO TWO MILES NORTH OF A LIQUIFIED NATURAL GAS PIER AT COVE POINT, MARYLAND. THE CONCRETE WAS BEING TOW ED TO REINFORCE A BRIDGE CONSTRUCTION SITE ON THE MARYLAND MAINLAND. SINCE THE DISCHARGE, THE CONCRETE HAS REMAINED IN THE SAME UNDERWATER LOCATION. THE DEPTH OF THE WATER AT THE LOCATION OF TH DISCHARGE IS 50 FT. IT HAS BEEN ESTIMATED THAT FROM 20 TO 28 FEET OF WATER IS OVER THE CONCRETE. COMMERCIAL VESSELS WOULD NEED 38 FEET OF DRAW TO PASS OVER THIS AREA WHICH IS PRESENTLY NOT MARKED WITH A BUOY OR BEACON OR LIGHTED LANTERN TO WARN VESSELS OF ITS EXISTENCE AND LOCATION. THIS REFERRAL WILL ADD A CWA COUNT TO THIS ACTION WHICH IS ALSO BEING BROUGHT UNDER THE COURT'S ADMIRAL TY AND MARITIME JURISDICTION UNDER 28 USC SECTION 1333 AND WILL SEEK REMOVAL OT THE CONCRETE.

Defendants (7)

• BARGE M-835Named in complaint
• CHRISTIANSEN CHERAMIE MARINE, INC.Named in complaint
• CHRISTIANSEN MARINE SERVICES, INC.Named in complaint
• JON R CHRISTIANSENNamed in complaint
• MARMAC CORPORATIONNamed in complaint
• RECCHI AMERICA, INC.Named in complaint
• TUG MARINE VENTURE (EX TRED)Named in complaint

Facilities (1)

• TUG MARINE VENTURE

  915 JEFFERSON AVE, NEWPORT NEWS, VA, 23607

  Registry ID: 110010767562

Statutes cited

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

Timeline (5 milestones)

• 1996-03-11Enforcement Action Data Entered
• 1996-03-15Referred To Dept Of Justice
• 1996-04-09Complaint Filed With Court
• 1997-07-30Concluded
• 1997-07-30Enforcement Action Closed