EPA v. PORT OF PORTLAND

Case summary

THIS REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF CWA AS AMENDED, WHERE APPLICABLE, BY THE WATER QUALITY ACT OF 1987, PL-100-4 (2/4/87) BY DEFENDANT PORT OF PORT- LAND. THESE VIOLATIONS WERE ORIGINALLY REFERRED AS A CRIMINAL MATTER TO THE ENVIRONMENTAL CRIMES SECTION OF DOJ AND TO THE U S ATTORNEY FOR DISTRICT OF OREGON ON 12/14/87. AFTER EVALUATION BY THE EVIRONMENTAL CRIMES SECTION AND U S ATTORNEY'S OFFICE, IT WAS RECOMMENDED THAT THIS MATTER WOULD BE MORE APPROPRIATELY PURSUED IN A CIVIL ACTION. PURSUANT TO THIS RECOMMENDATION, THE MATTER WAS REFERRED ON 4/18/88 TO DAVID BUENTE, CHIEF OF ENVIRONMENTAL ENFORCEMENT SECTION BY JUDD STARR, CHIEF OF ENVIRONMENTAL CRIMES SECTION FOR CIVIL ENFORCEMENT. EPA, REGION 10, CONCURS IN THAT RECOMMENDATION AND REQUESTS THAT THIS MATTER BE PURSUED CIVILLY. EPA REQUESTS CIVIL JUDICIAL RELIEF REQUIRING BOTH A PENALTY AND INJUNCTIVE RELIEF. THE MAXIMUM PENALTY FOR THE PRESENT VIOLATIONS IS $45,000. HOWEVER, WE ANTICIPATE THAT THIS AMOUNT WILL INCREASE SUBSTANTIALLY AFTER THE INITIATION OF DISCOVERY BECAUSE THE UNPERMITTED DISCHARGES BY THE PORT OF PORTLAND APPEAR TO HAVE BEEN A REGULAR PRACTICE FOR A NUMBER OF YEARS. EPA SEEKS THE MAXIMUM PENALTY FROM THE PORT OF PORTLAND BASED ON THE SERIOUS RISK OF ENVIRONMENTAL HARM POSED BY ITS DISCHARGES OF TOXIC POLLUTANTS INTO THE WILLAMETTE RIVER. HOWEVER, THIS PENALTY COULD BE MITIGATED IN A CONSENT DECREE BY THE PORT'S AGREEMENT TO PERFORM EPA'S REQUESTED INJUNCTIVE RELIEF. THE TOXIC SUBSTANCES DISCHARED BY THE PORT OF PORTLAND PRESENT POTENTIAL HAZARD TO BOTH HUMAN HEALTH AND THE MARINE ECOSYSTEM. THEREFORE, EPA REQUESTS INJUNCTIVE RELIEF REQUIRING THAT THE PORT CEASE ANY FURTHER ILLEGAL DISCHARGES. FURTHERMORE, EPA REQUESTS THAT THE PORT PERFORM A STUDY TO DETERMINE THE EXTENT OF THE ENVIRONMENTAL HAZARD CREATED BY THEIR DISCHARGES AND PERFORM A CLEANUP SHOULD EPA DETERMINE THAT THE DISCHARGED POLLUTANTS POSE A CONTINUING THREAT TO THE ENVIRONMENT. THE ENVIRONMENTAL HAZARD STUDY AND ANY CLEANUP PROPOSAL MUST BE EVALUATED AND APPROVED BY EPA.

Defendants (1)

• PORT OF PORTLANDNamed in complaintNamed in settlement

Facilities (1)

• PORTLAND PORT OF TERM 4

  TERMINAL 4 PIERS 4 & 5, PORTLAND, OR, 97203

  Registry ID: 110010679774

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• PORT OF PORTLANDentered 1993-05-12

  Primary law: CWA

  Federal penalty: $92,000

Timeline (7 milestones)

• 1986-03-26Enforcement Action Data Entered
• 1988-08-04Referred To Dept Of Justice
• 1993-03-05Complaint Filed With Court
• 1993-05-12Final Order Lodged
• 1993-05-12Final Order Entered
• 1993-05-12Concluded
• 1999-02-12Enforcement Action Closed