EPA v. PETER PANSEAFOODS COMPANY LLC

Case summary

On July 11, 2024, the United States District Court for the District of Alaska entered a consent decree resolving claims dating back to 2017 that Defendants PSF, Inc. and Peter Pan Seafood Company, LLC violated their NPDES permits and therefore Section 301 of the CWA at two seafood processing facilities in King Cove, Alaska and Valdez, Alaska. The violations include discharging noncontact cooling water from an outfall located 10 feet above the water, rather than 20 feet below water; failure to collect representative samples; discharging seafood processing waste from a broken outfall; failure to report noncompliance; discharging seafood processing waste from a relocated outfall without agency approval; failure to have a sufficient best management practices plans; and discharging seafood processing waste to a zone of deposit greater than one acre. The proposed consent decree also resolves claims against Defendant Silver Bay Seafoods ? Valdez LLC related to the continued discharge of seafood processing waste to a zone of deposit greater than one acre at the facility in Valdez, which Silver Bay Seafoods purchased in April 2024. Under the terms of the proposed consent decree, Defendant Peter Pan Seafood Company will audit its Alaska seafood processing facilities and correct any identified deficiencies. Defendant Silver Bay Seafoods will use source control measures to ensure that the oversized seafood waste pile at the Valdez Facility decreases in size and remediate the waste pile if necessary. PSF, Inc. and Peter Pan Seafood also agreed to pay a $750,000 penalty. This case resulted in a reduction of 4 degrees from the effluent temperature in King Cove and a reduction of more than 1,000,000 pounds of seafood processing waste from Valdez.

Defendants (3)

• PETER PAN SEAFOODS COMPANY LLCNamed in complaintNamed in settlement
• PSF, Inc.Named in complaintNamed in settlement
• Silver Bay Seafoods - Valdez LLC.Named in complaintNamed in settlement

Facilities (3)

• PETER PAN SEAFOOD COMPANY LLC - KING COVE PLANT

  500 CANNERY ROW, KING COVE, AK, 99612

  Registry ID: 110032881059

• PETER PAN SEAFOOD COMPANY LLC - KING COVE PLANT

  500 CANNERY ROW, KING COVE, AK, 99612

  Registry ID: 110032881059

• SILVER BAY SEAFOODS – VALDEZ NORTH PLANT

  219 SOUTH HARBOR DRIVE, VALDEZ, AK, 99686

  Registry ID: 110071710510

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PETER PANSEAFOODS COMPANY LLCentered 2024-05-24

  Primary law: CWA

  Federal penalty: $750,000

Timeline (5 milestones)

• 2021-03-29Enforcement Action Data Entered
• 2021-03-31Referred To Dept Of Justice
• 2024-05-24Complaint Filed With Court
• 2024-05-24Final Order Lodged
• 2024-05-24Final Order Entered