EPA v. STOCKTON PORT DISTRICT

Case summary

THIS ACTION CONCERNS CLEAN WATER ACT VIOLA- TIONS BY THE STOCKTON PORT DISTRICT (PORT). THIS ACTION IS FOR INJUNCTIVE RELIEF TO PRE- VENT THE PORT FROM DISCHARGING FERTILIZER OR OTHER POLLU- TANTS INTO THE STOCKTON SHIP CHANNEL DURING SHIP UNLOADING OPERATIONS. ADDITIONALLY, CIVILPENALTIES OF TEN THOUSAND DOLLARS PER DAY FOR DOCUMENTED VIOLATIONS ARE CLAIMED. THIS ACTION IS BEING PURSUED AS A DETERENT TO LAX OPERATING PROCEDURES OF THE PORT DURING TRANSFER OPERA- TIONS AND TO ENGENDER A SENCE OF RESPONSIBILITY TO IMPLEMENT ENVIRONMENTAL CONTROL MEASURES. THE PORT, DURING SHIP TO SHORE FERTILIZER UNLOADING OPERATIONS, USES EQUIPMENT THAT TENDS TO CONTINUOUSLY DISCHARGE QUANTITIES OF FERTILIZER INTO THE SHIPPING CHANNEL. THIS DISCHARGE COULD BE SUBSTANTIALLY MITIGATED BY INSTALLING A APRON-LIKE DEVICE BETWEEN THE SHIP AND THE DOCK WHEN TRANSFERRING MATERIAL. THE STOCKTON SHIP CHANNEL IS A LOCATION OF HIGH ALGAE BLOOMS. THE AMOUNT OF FERTILIZER LOST DURING THE TRANSFER OPERATION MAY BE MINIMAL IN TERMS OF THE TOTAL AMOUNT TRANSFERRED; HOWEVER, THE NITROGEN CONTENT COULD IN REALITY AGGRAVATE THE SERIOUS ALGAL WATER POLLUTION PROBLEM THAT NOW EXISTS IN THE AREA.

Defendants (1)

• PORT DISTRICT OF STOCKTONNamed in complaintNamed in settlement

Facilities (3)

• PORT OF STOCKTON

  2201 W WASHINGTON, STOCKTON, CA, 95203

  Registry ID: 110037070861

• PORT OF STOCKTON

  2201 W WASHINGTON, STOCKTON, CA, 95203

  Registry ID: 110037070861

• PORT OF STOCKTON

  2201 W WASHINGTON, STOCKTON, CA, 95203

  Registry ID: 110037070861

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• STOCKTON PORT DISTRICTentered 1986-03-21

  Primary law: CWA

  Federal penalty: $6,000

Timeline (9 milestones)

• 1984-02-17Enforcement Action Data Entered
• 1984-03-29Referred To Headquarters
• 1984-04-24Referred To Dept Of Justice
• 1984-09-25Referred TO U.S. Attorney
• 1984-09-27Complaint Filed With Court
• 1986-03-21Final Order Lodged
• 1986-03-21Final Order Entered
• 1986-03-21Concluded
• 1988-06-28Enforcement Action Closed