EPA v. PINE BLUFF SAND AND GRAVEL COMPANY

Case summary

6/21/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $38,397, DUE WITHIN 30 DAYS. ALLEGATIONS: AT ALL TIMES RELEVANT TO THIS CONSENT AGREEMENT AND FINAL ORDER, THE RESPONDENT OWNED AND/OR OPERATED A TOTAL OF 200 COMMERCIAL VESSELS OF VARIOUS CONFIGURATIONS THAT ARE GREATER THAN OR EQUAL TO 79 FEET IN LENGTH AND SUBJECT TO TERMS AND CONDITIONS OF THE NPDES VESSEL GENERAL PERMIT FOR DISCHARGES INCIDENTAL TO THE NORMAL OPERATIONS OF VESSELS (VGP) IN NAVIGABLE WATERS OF THE U.S. ON NOV 13, 2015, EPA SENT AN INFO REQUEST LETTER (308 LETTER) TO RESPONDENT REQUESTING INFORMATION REGARDING VESSELS OWNED AND OPERATED BY RESPONDENT TO DETERMINE COMPLIANCE WITH REQUIREMENTS OF THE VGP. AS A RESULT OF EPA'S REVIEW OF RESPONDENT'S RESPONSE TO THE INFO REQUEST, EPA MADE THE FOLLOWING OBSERVATIONS AND DETERMINATIONS: A. DURING THE PERIOD OF DEC 19, 2008 THRU DEC 23, 2015, RESPONDENT OWNED AND/OR OPERATED THE VESSELS LISTED IN THIS ORDER THAT ARE GREATER THAN OR EQUAL TO 300 GROSS TONS OR HAVE THE CAPACITY TO HOLD OR DISCHARGE MORE THAN 8 CUBIC METERS (2113 GALLONS) OF BALLAST WATER AND WHICH DISCHARGED POLLUTANTS INCIDENTAL TO THE NORMAL OPERATION OF THE VESSELS INTO NAVIGABLE WATERS OF THE U.S. W/OUT OBTAINING A VGP, AND IS THEREFORE IN VIOLATION OF CWA 301(a). B. DURING THE PERIOD OF DEC 19, 2008, THRU DEC 23, 2015, RESPONDENT OWNED AND/OR OPERATED TWO VESSELS THAT ARE GREATER THAN OR EQUAL TO 79 FEET AND LESS THAN 300 GROSS TONS AND NOT CAPABLE OF HOLDING OR DISCHARGING MORE THAN 8 CUBIC METERS (2113 GALLONS) OF BALLAST WATER, W/OUT MAINTAINING A PERMIT AUTHORIZATION AND INSPECTION FORM (PARI) AS REQUIED FOR THOSE VESSELS UNDER PAR 1.5.1.2 OF THE VGP AND IS THERE IN VIOLATION OF SECTION 301(a) OF THE CWA.

Defendants (1)

• PINE BLUFF SAND AND GRAVEL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• PINE BLUFF SAND AND GRAVEL COMPANY PORT OF GREENVILLE, MS

  2701 HARBOR FRONT ROAD, GREENVILLE, MS, 38701

  Registry ID: 110069343268

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PINE BLUFF SAND AND GRAVEL COMPANYentered 2016-06-14

  Primary law: CWA

  Federal penalty: $38,397

Timeline (5 milestones)

• 2016-06-14Final Order Issued
• 2016-06-14Complaint Filed/Proposed Order
• 2016-06-23Enforcement Action Data Entered
• 2016-07-21NPDES Closed
• 2016-07-21Enforcement Action Closed