EPA v. HOMER SMITH SEAFOOD

Case summary

NATURE OF THE CASE: HOMER SMITH, AN INDIVIDUAL, OWNS AND OPERATES THE HOMER SMITH SEAFOOD CO, A SCALLOP PROCESSING AND PACKAGING PLANT IN ST. JOHNS COUNTY, FLORIDA. THIS FACIL ITY DISCHARGES ITS VIRTUALLY UNTREATED WASTEWATER TO TROUT CREEK, A TIDAL CREEK WHICH IS A TRIBUTARY TO THE ST. JOHNS RIVER. A REVIEW OF THIS COMPANYS' COMPLIANCE HISTORY INDICATES THAT ADMINISTRATIVE REMEDIES ARE NOT VIABLE IN THIS CASE. HOMER SMITH'S DISCHARGE IS CAPABLE OF CAUSING ENVIRONMENTAL DAMAGE, INCLUDING LOW DISSOLVED OXYGEN LEVELS. NEITHER EPA'S NPDES PERMIT, NOR THE PROPOSED STATE CONSTRUCTION PERMIT, ALLOWS HOMER SMITH TO DISCHARGE TO TROUT CREEK BECAUSE OF ITS ENVIRONMENTAL SENSITIVITY. THOSE PERMITS PROVIDE FOR A DISCHARGE TO THE LESS ENVIRONMENTALLY SENSITIVE ST. JOHNS RIVER. RECOMMENDED ACTION: THIS SUIT SHOULD SEEK CIVIL PENALTIES AND INJUNCTIVE RELIEF PURSUANT TO SECTION 309 OF THE CWA WHICH WOULD ADDRESS THE UNPERMITTED DISCHARGE AND VIOLATIONS OF THE ADMINISTRATIVE ORDER.

Defendants (2)

• SMITH, HOMERNamed in complaintNamed in settlement
• HOMER SMITH SEAFOOD COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SMITH HOMER SEAFOOD CO

  SR 13, GREEN COVE SPRINGS, FL, 32043

  Registry ID: 110010619679

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HOMER SMITH SEAFOOD COMPANYentered 1986-09-19

  Primary law: CWA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1984-08-17Enforcement Action Data Entered
• 1984-08-17Referred To Dept Of Justice
• 1984-09-28Returned To Region
• 1986-04-25Complaint Filed With Court
• 1986-09-19Final Order Lodged
• 1986-09-19Final Order Entered
• 1986-09-19Concluded
• 1989-11-03Enforcement Action Closed