EPA v. ARCTIC ALASKA FISHERIES INC

Case summary

DIRECT REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF CWA SECTION 301 BY AN ALASKAN SEAFOOD PROCESSOR. THE VIOLATIONS INCLUDE DISCHARGES OF FISH WASTE INTO LOST HARBOR, AK IN VIOLATION OF NPDES GENERAL SEAFOOD PERMIT AK-G520075, UNPERMITTED DISCHARGES OF UNWANTED FISH CATCH, AND VIOLATION OF REPORTING REQUIREMENTS OF THE GENERAL SEAFOOD PERMIT. THE DEFENDANT, ARCTIC FISHERIES INC, A WHOLLY OWNED SUBSIDIARY OF DEFENDANT ARCTIC ALASKA FISHERIES CORP, OWNS AND OPERATES COMMERCIAL FISHING AND OFFSHORE SEAFOOD PROCESSING VESSELS. THESE VESSELS OPERATE IN LOST HARBOR, AK AND OTHER HEADQUARTERS ARE IN SEATTLE, WA. ON 5/11/87 AND 11/28/89 DEFENDANTS SUBMITTED A NOTICE OF INTENT TO BE COVERED UNDER NPDES GENERAL SEAFOOD PERMIT #AK-G520075. IN THE 1987 NOTICE, THE VESSEL LISTED FOR COVERAGE WAS THE ARCTIC ENTERPRISE AND THE VOLUME OF RAW PRODUCE TO BE PROCESSED WAS 200,000 POUNDS PER DAY. ON 5/23/89 EPA INSPECTORS OBSERVED VIOLATIONS OF VARIOUS REQUIREMENTS OF THE 1984 GENERAL SEAFOOD PERMIT, INCLUDING THE DISCHARGE OF UNGROUND FISH WASTES AND VIOLATION OF AK WATER QUALITY STANDARDS. FURTHERMORE, INSPECTORS OBSERVED THE DUMPING OF UNWANTED FISH CATCH FROM A SUPPLY VESSEL OWNED BY DEFENDANTS WHICH WAS NOT COVERED UNDER THE NPDES GENERAL PERMIT. ADDITIONALLY, DEFENDANTS PRESENTED PROCESSING DATA TO THE INSPECTORS WHICH INDICATED VIOLATIONS DURING 1987 AND 1988 OF THE MONTHLY AVERAGE LIMIT FOR THE WEIGHT AND VOLUME OF SEAFOOD WASTE DISCHARGES. DEFENDANTS ALSO VIOLATED REPORTING REQUIREMENTS OF THE PERMIT BY FAILING TO SUBMIT THEIR ANNUAL REPORTS FOR 1987, 1988 AND 1989. IN 9/89 EPA ISSUED A PROPOSAL TO ASSESS AN ADMINISTRATIVE PENALTY UNDER SECTION 309G OF THE CWA TO ADDRESS THE CWA VIOLATIONS. SUBSEQUENT INSPECTIONS IN 12/89 AND 2/90 REVEALED CONTINUING VIOLATIONS OF THE 1989 GENERAL SEAFOOD PERMIT, INCLUDING IMPROPER DISCHARGE OF FISH WASTES AND ACCUMULATION OF WASTES ON NEARBY BEACHES. BASED ON THE RECALCITRANCE OF THE DEFENDANTS TO COMPLY WITH THE PERMIT REQUIREMENTS EVEN WHILE NEGOTIATING RESOLUTION OF AN ADMINISTRATIVE ENFORCEMENT ACTION, EPA WITHDREW ITS ADMINISTRATIVE COMPLAINT AND COMMENCED A CIVIL REFERRAL PROCESS.

Defendants (2)

• ARCTIC ALASKA FISHERIES CORPNamed in complaintNamed in settlement
• ARCTIC FISHERIES INCNamed in complaintNamed in settlement

Facilities (2)

• ARCTIC ALASKA FISHERIES INC

  SEAFOOD VESSEL ARCTIC ENTERPRISE, AKUTAN, AK, 99553

  Registry ID: 110002003153

• ARCTIC ALASKA FISHERIES INC

  SEAFOOD VESSEL ARCTIC ENTERPRISE, AKUTAN, AK, 99553

  Registry ID: 110002003153

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ARCTIC FISHERIES, INC.entered 1994-01-31

  Primary law: CWA

  Federal penalty: $725,000

Timeline (7 milestones)

• 1989-05-01Enforcement Action Data Entered
• 1990-05-18Referred To Dept Of Justice
• 1991-04-22Complaint Filed With Court
• 1994-01-31Final Order Lodged
• 1994-01-31Final Order Entered
• 1994-01-31Concluded
• 1997-03-18Enforcement Action Closed