EPA v. Metlakatla Tamgas Creek Hatchery (ACO)

Case summary

On August 21, 2023, Region 10 issued an administrative order on consent (?Order?) to the Metlakatla Indian Community (MIC) for its Tamgas Creek Hatchery located in the Metlakatla Indian Reserve on Annette Island, Alaska. MIC failed to perform effluent and surface water monitoring from December 2018 through February 2023; failed to develop and implement a quality assurance plan (QAP); failed to develop and implement a best management practices (BMP) plan; and failed to complete annual reporting. The facility discharges effluent to Tamgas Creek just upstream of Tamgas Harbor, beneficial uses of the receiving waters are water supply, recreation, and both freshwater and marine aquatic life. To return to compliance, the Respondent has agreed to develop and implement a QAP and BMP plan, to conduct effluent and surface water monitoring, and complete any additional corrective actions needed to achieve compliance with permit limits. The terms of the Order also require that staff and senior leaders from both MIC and EPA meet quarterly to discuss the status of MIC's progress in achieving compliance with the Order and their NPDES permit. This settlement is one of three Orders issued to MIC to address longstanding significant noncompliance (SNC) and it furthers EPA?s National Enforcement and Compliance Initiative to improve surface water quality by assuring dischargers comply with their Clean Water Act permits. This facility is owned, operated, and located within the Metlakatla Indian Reservation and is considered to be a location with potential Environmental Justice concerns.

Defendants (1)

• Metlakatla Indian CommunityNamed in complaintNamed in settlement

Facilities (1)

• METLAKATLA INDIAN COMMUNITY - TAMGAS CREEK SALMON HATCHERY

  MILE 8 HATCHERY ROAD, ON ANNETTE ISLAND RESERVE, METLAKATLA INDIAN COMMUNITY, AK, 99926

  Registry ID: 110011382182

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Metlakatla Tamgas Creek Hatchery (ACO)entered 2023-08-21

  Primary law: CWA

Timeline (3 milestones)

• 2023-06-02Enforcement Action Data Entered
• 2023-08-21Complaint Filed/Proposed Order
• 2023-08-21Final Order Issued