EPA v. TRIDENT SEAFOODS CORP - CIA

Case summary

THIS PROPOSED AMENDMENT FOR THE CONSENT DECREE OF TRIDENT SEAFOODS CORP REQUESTS PAYMENT OF $80,000. IN STIPUALTED PENALTIES FOR VIOLATIONS OF THE DECREE. CONSENT DECREE WAS ENTERED 5/7/84, AND MODIFIED 8/21/85. THE DECREE REQUIRED TRIDENT TO PAY PENALTY OF $50,000. AND COMPLY WITH SPECIFIED EFFLUENT LIMITATIONS AND MONITORING, REPORTING AND RESTORATION REQUIREMENTS. THE DECREE ALSO PROVIDED FOR STIPULATED PENALTIES OF $5,000/DAY FOR EACH DAY TRIDENT DOES NOT COMPLY WITH REQUIREMENTS OF DECREE. THE DECREE ALSO CONTAINS A SCHEDULE FOR COMPLIANCE (APPENDIX A), WHICH REQUIRED TRIDENT TO COMPLY WITH SPECIFIED LIMITA- TIONS FOR 3 YEARS FOLLOWING LODGING OF DECREE. THE COMPLIANCE SCHEDULE ALLOWED TRIDENT TO COMPLY ONLY WITH PARTICULAR PROVISIONS OF THE PERMIT FOR THAT 3 YEAR PERIOD. AT THE END OF THAT TIME, THE ENTIRE PERMIT WOULD BE FULLY ENFORCEABLE. THE PROPOSED AMENDMENT EXTENDS THE COMPLIANCE SCHEDULE CONTAINED IN APPENDIX A TO ALLOW EPA SUFFICIENT TIME TO REVIEW TRIDENT'S APPLICATION FOR PERMIT MODIFICATION. SECTION 2 OF CURRENT DECREE PERMITS TRIDENT TO REQUEST MODIFICATION OF SPECIFIED SECTIONS OF PERMIT. ON 8/28/86 TRIDENT REQUESTED MODIFICATION OF ITS PERMIT TO ELIMINATE THE REQURIEMENT THAT IT SCREEN AND BARGE ITS WASTES. TECHNICAL DATA SUPPORTING THE MODIFICATION WERE SUBMITTED ALONG WITH THE REQUEST, THE IMPACT AREA OF THE WASTE BEING LESS THAN EPA'S STUDIES HAD PROJECTED. THE PROPOSED PERMIT MODIFICATION WILL DELETE THOSE PERMIT REQUIREMENTS. ON 2/24/87 THE DRAFT PERMIT MODIFICATION WAS SENT TO ADEC FOR STATE CERTIFICATION. THE STATE REVIEWED THE TECHNICAL DATA, BUT FELT IT DID NOT SUPPORT WAIVER OF THE SCREEN AND BARGE REQUIREMENT. IN 2/28/87 LETTER TO EPA, ADEC INDICATED STATE WOULD NOT CERTIFY PERMIT MODIFICATION. TRIDENT REQUESTED EXTENSION OF DECREE COMPLIANCE SCHEDULE UNTIL FINAL DECISION ON PERMIT MODIFICATION WAS REACHED. VIOLATIONS IDENTIFIED ARE ALL REPORTING VIOLATIONS. REGION 10 DOES NOT INTEND TO SUBMIT PROPOSED DECREE AMENDMENT TO COURT UNTIL TRIDENT HAS AGREED TO PAY ASSESSED STIPULATED PENALTY.

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 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TRIDENT SEAFOODS CORP - CIAentered 1988-08-10

  Primary law: CWA

  Federal penalty: $30,000

Timeline (8 milestones)

• 1983-07-12Enforcement Action Data Entered
• 1987-06-12Referred To Headquarters
• 1987-07-30Referred To Dept Of Justice
• 1988-04-20Complaint Filed With Court
• 1988-08-10Final Order Lodged
• 1988-08-10Final Order Entered
• 1988-08-10Concluded
• 1992-06-03Enforcement Action Closed