EPA v. GREAT LAKES DREDGE AND DOCK CO. LLC

Case summary

9/29/16 - ADMINISTRATIVE CONSENT AGREEMENT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $450,000. ALLEGATIONS: ON JULY 19 2014, THE EPA AND RESPONDENT MET TO DISCUSS THE ALLEGATIONS. IN RESPONSES TO THAT MEETING, THE RESPONDENT PROVIDED ADD'L WRITTEN MATERIAL TO EPA ON JULY 23, 2014. IN ADDITION, ON NOVEMBER 3, 2014, THE RESPONDENT SENT EPA AN EMAIL WITH ATTACHMENT WITH THIS PROJECT, INCLUDING JULY 23, 2014, RESPONSE FROM THE RESPONDENT AND THE NOV 3, 2014, SUBMITTAL. AS A RESULT OF THAT MEETING AND FURTHER DISCUSSIONS, EPA ALLEGES THE FOLLOWING VIOLATIONS OF MPRSA: A. ON 5 OCCASIONS, RESPONDENT DISPOSED DREDGED MATERIAL IN THE ATLANTIC OCEAN OUTSIDE OF THE JACKSONVILLE ODMDS RELEASE ZONE SPECIFIED FOR DISPOSAL BY SPECIAL CONDITION 12 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFICATION 1.4.2.1). BASED ON MODELING ANALYSIS CONDUCTED BY USACE STAFF IN SEPT 2013 THE REQUIRED LEVEL OF DILUATION SERVING AS THE BASIS FOR PERMIT REQUIREMENTS WAS NOT ACHIEVED ON THESE FIVE OCCASION; B. ON 7 OCCASIONS, THE RESPONDENT DISPOSED DREDGED MATERIAL IN THE ATLANTIC OCEAN OUTSIDE OF THE JACKSONVILLE ODMDS RELEASE ZONE SPECIFIED FOR DISPOSAL BY SPECIAL CONDITION 12 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFICATION 1.4.2.1 AND 3.3.1; C. ON 12 OCCASIONS, THE RESPONDENT LEFT THE HULL OPEN OUTSIDE THE DESIGNATED ODMDS, A VIOLATION OF SPECIAL CONDITION 14 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFICATION 3.3.3); D. ON 2 OCCASIONS, THE RESPONDENT CAUSED EXCESSIVE LEAKAGE OF DREDGED MATERIAL TO OCCUR EN ROUTE TO THE ODMDS, A VIOLATION OF SPECIAL CONDITION 10 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFICATIONS 1.4.3 AND 3.3.2); E. ON 52 OCCASIONS, RESPONDENT EXCEEDED SPEED LIMITS SET FORTH IN THE PERMIT (SEE SPECIAL CONDITION 6 AND ALSO CONSTRUCTION SPECIFICATION 1.4.2.2) ; AND F. ON 11 OCCASIONS, RESPONDENT DID NOT REPORT TO EPA OR THE USACE WITHIN 24 HOURS MISPLACED MATERIALS, A VIOLATION OF SPECIAL CONDITION 15 IN THE PERMIT (SEE ALSO CONSTRUCTION SPECIFIED 3.3.8).

Defendants (1)

• GREAT LAKES DREDGE AND DOCK CO., LLCNamed in complaintNamed in settlement

Facilities (1)

• GREAT LAKES DREDGE & DOCK

  2122 YORK RD, OAK BROOK, IL, 60521

  Registry ID: 110018232991

Statutes cited

• MPRSA 101A — Mar. Prot, Res & Sanc Act

Enforcement conclusions (1)

• GREAT LAKES DREDGE AND DOCK CO. LLCentered 2016-09-29

  Primary law: MPRSA

  Federal penalty: $450,000

Timeline (4 milestones)

• 2016-09-29Final Order Issued
• 2016-09-29Complaint Filed/Proposed Order
• 2016-09-30Enforcement Action Data Entered
• 2016-10-27Enforcement Action Closed