EPA v. Marisco Ltd. (including Lil Perris)

Case summary

U.S. EPA, Hawaii Department of Health fine ship repair co. more than $700,000 for water pollution violations Release Date: 03/28/2013 Contact Information: David Yogi, 415-972-3350, yogi.david@epa.gov HONOLULU ? The U.S. Environmental Protection Agency and the Hawaii State Department of Health announced today their settlement with Marisco Ltd. including civil penalties of $710,000 for water pollution control violations at its ship repair and drydock facilities at Kalaeloa Barbers Point Harbor on Oahu. This is the largest Clean Water Act civil penalty against a ship repair facility nationwide. The settlement, a consent decree, was lodged with the U.S. District Court for the District of Hawaii and is subject to a 30-day public comment period and court approval. ?To protect Hawaii?s precious coastal waters and coral reefs, ship repair facilities must have pollution controls in place,? said Jared Blumenfeld, EPA?s Regional Administrator for the Pacific Southwest. ?Our action will help improve Oahu?s water quality by having Marisco redesign its operations to comply with federal law. Our Clean Water team is committed to guarding the quality of Hawaii's waters, said Gary Gill, Deputy Director, Environmental Health Administration, Hawaii State Department of Health. We work hand-in-hand with EPA to perform the tough field work necessary to protect Hawaii's people and the island environment from pollution. EPA?s complaint against Marisco finds that the company failed to implement water pollution controls required by its Clean Water Act discharge permit at its main ship repair facility and at its separate 3,500 metric ton ?Lil? Perris? floating drydock. During an inspection in 2008, EPA and Hawaii DOH observed storage of leaking equipment, workers washing down work areas directly into the harbor, and sandblast material from Marisco?s operations discharged into the harbor. In addition to the civil penalties, the settlement requires Marisco to use clean water to wash the drydock after paint removal and sandblasting, collect the water used for washing, and treat it to ensure that it is not discharged when the drydock is lowered into the harbor. EPA and DOH?s actions will ensure that Marisco?s discharges meet the Clean Water Act permit effluent limits, particularly for copper and zinc. Marisco must treat and dispose the water used for washing the drydock in accordance with federal, state and local laws and ordinances. These actions should result in the reduction of about 295 pounds per year of copper, 94 pounds per year of zinc, 14 pounds of solids and 8 pounds of oil and grease to the harbor waters. The consent decree may be viewed at: www.justice.gov/enrd/Consent_Decrees.html. For more information, please visit: http://www.epa.gov/region9/water/npdes/compliance.html, http://www.epa.gov/region9/water/npdes/index.html

Defendants (1)

• Marisco Ltd.Named in complaintNamed in settlement

Facilities (6)

• MARISCO SHIPYARD

  91 607 MALAKOLE ROAD, KAPOLEI, HI, 96707

  Registry ID: 110050297676

• MARISCO, LTD.

  91-607 MALAKOLE STREET, KAPOLEI, HI, 96707

  Registry ID: 110050297676

• MARISCO SHIPYARD

  91 607 MALAKOLE ROAD, KAPOLEI, HI, 96707

  Registry ID: 110050297676

• MARISCO LTD

  91-607 MALAKOLE ST, KAPOLEI, HI, 96707

  Registry ID: 110050297676

• MARISCO LTD

  91-607 MALAKOLE ST, KAPOLEI, HI, 96707

  Registry ID: 110050297676

• MARISCO, LTD.

  91-607 MALAKOLE STREET, KAPOLEI, HI, 96707

  Registry ID: 110050297676

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Marisco Ltd. (including Lil Perris)entered 2013-05-15

  Primary law: CWA

  Federal penalty: $355,000 · State/local: $355,000

Timeline (7 milestones)

• 2009-09-28Referred To Dept Of Justice
• 2009-09-30Enforcement Action Data Entered
• 2013-03-28Final Order Lodged
• 2013-03-28Complaint Filed With Court
• 2013-05-15Final Order Entered
• 2014-05-15Enforcement Action Closed
• 2014-05-15NPDES Closed