EPA v. TRIDENT SEAFOODS CORP - CIC

Case summary

LITIGATION REFERRAL FOR MODIFICATIONS TO A CLEAN WATER ACT CONSENT DECREE: THE DECREE WAS ENTERED BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF ALASKA ON AUGUST 1, 1984 IN SETTLEMENT OF THE CLEAN WATER ACT ENFORCEMENT ACTION OF THE UNITED STATES V. TRIDENT SEAFOODS CORP. THAT ENFORCEMENT ACTION WAS COMMENCED BY A COMPLAINT FILED ON JUNE 29, 1983 TO ADDRESS TRIDENT'S DISCHARGE OF WASTES WITHOUT AN NPDES PERMIT FROM ITS SEAFOOD PROCESSING PLANT LOCATED IN AKUTAN, AK (PART OF THE ALEUTIAN ISLANDS). EPA FILED AN AMENDED COMPLAINT ON MARCH 15, 1984 IN RESPONSE TO TRIDENT'S DEPOSIT OF FILL MATERIAL IN THE INTERTIDAL AND SUBTIDAL AREA NEXT TO TRIDENT'S PROCESSING PLANT WITHOUT A PERMIT ISSUED UNDER SECTION 404 OF THE CLEAN WATER ACT. THE DECREE, WHICH REMAINS IN EFFECT, SPECIFIED A NUMBER OF REQUIREMENTS FOR OPERATION OF THE PROCESSING PLANT AS WELL AS REQUIRING TRIDENT TO EITHER ENCLOSE OR REMOVE THE FILL BY OCTOBER 31, 1984; THE COMPANY FAILED TO MEET THE OCTOBER 31 DEADLINE. THE GOVERNMENT CAN SEEK AN ORDER OF CIVIL CONTEMPT, DIRECTING TRIDENT TO COMPLY WITH THE TERMS OF THE PRIOR DECREE AND PAY STIPULATED MONETARY PENALTIES, IN RESPONSE TO THE CONSENT DECREE VIOLATIONS THAT HAVE OCCURRED. THE PRESENCE OF AFFIRMATIVE DEFENSES TO TRIDENT'S VIOLATIONS OF THE DECREE SHOULD NOT DISSUADE THE GOVERNMENT FROM MOVING FOR AN ORDER OF CONTEMPT. NEVERTHELESS, THE PRIMARY PURPOSE OF EPA REGION 10 IN THIS ENFORCEMENT ACTION IS TO NEGOTIATE A MODIFICATION TO THE DECREE (PARTICULARLY AN EXTENSION OF TIME FOR EITHER REMOVING OR ENCLOSING THE FILL MATERIAL, AS WELL AS AN APPROPRIATE STIPULATED PENALTY), AND PRESENT A STIPULATED AMENDMENT TO THE COURT THAT WOULD PUT SUCH MODIFICATION INTO PLACE. CIVIL CONTEMPT AND PENALTIES WOULD BE SOUGHT IF AN ACCEPTABLE MODIFICATION COULD NOT BE NEGOTIATED WITH TRIDENT.

Defendants (1)

• TRIDENT SEAFOODS CORPNamed in complaintNamed in settlement

Facilities (2)

• TRIDENT SEAFOODS CORPORATION KETCHIKAN FACILITY

  5011 JEWEL LAKE RD STE203, ANCHORAGE, AK, 99502

  Registry ID: 110002003153

• TRIDENT SEAFOODS CORPORATION KETCHIKAN FACILITY

  5011 JEWEL LAKE RD STE203, ANCHORAGE, AK, 99502

  Registry ID: 110002003153

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TRIDENT SEAFOODS CORP - CICentered 1985-08-21

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1985-01-28Referred To Headquarters
• 1985-03-01Referred To Dept Of Justice
• 1985-08-15Referred TO U.S. Attorney
• 1985-08-20Complaint Filed With Court
• 1985-08-21Concluded
• 1985-08-21Final Order Lodged
• 1985-08-21Final Order Entered
• 1987-06-12Enforcement Action Closed