EPA v. American Samoa Terminal Pacific Energy

Case summary

The United States Environmental Protection Agency ( EPA ), has filed a Complaint in this action concurrently with this Consent Decree, alleging that Defendant, Pacific Energy South West Pacific, Ltd. ( Pacific Energy ), violated Sections 301(a) and 309 of the federal Clean Water Act, 33 U.S.C. Sections 1311(a) and 1319. The Complaint alleges that Pacific Energy discharged pollutants in industrial wastewater from the American Samoa Terminal in Pago Pago (the Terminal ) to American Samoa's coastal waters in violation of Pacific Energy's National Pollutant Discharge Elimination System permit ('NPDES Permit ), violated other provisions of its NPDES Permit, discharged pollutants without authorization after its NPDES Permit expired, and violated the terms of a 2016 administrative compliance order issued by EPA. Pacific Energy now intends to modify its wastewater capture and treatment practices at the Terminal to eliminate co-mingling of industrial wastewater and storm water. This Consent Decree sets forth a timeline on which Pacific Energy will change its wastewater handling practices, and seek modification of its current NPDES Permit to address those changes.

Defendants (1)

• PACIFIC ENERGY SOUTH WEST PACIFIC, LTDNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN SAMOA TERMINAL

  488 TANK FARM ROAD, PAGO PAGO, AS, 96799

  Registry ID: 110008253763

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• American Samoa Terminal Pacific Energyentered 2020-11-02

  Primary law: CWA

  Federal penalty: $300,000

Timeline (7 milestones)

• 2018-09-30Referred To Dept Of Justice
• 2020-07-21Complaint Filed With Court
• 2020-07-28Final Order Lodged
• 2020-09-10Enforcement Action Data Entered
• 2020-11-02Final Order Entered
• 2023-12-19Enforcement Action Closed
• 2023-12-19NPDES Closed