In accordance with Section 309(g)(1)(A) and 2(B) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g)(1)(A) and 2(B), and the Consolidated Rules of Practice at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Final Order (Proposed CA/FO), between the U.S. Environmental Protection Agency, Region 9 (EPA or Complainant), and Pacific Seafood-Eureka, LLC (Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g) of the CWA, 33 U.S.C. § 1319(g).
On July 16, 2020, pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Proposed CA/FO to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. The Proposed CA/FO requires Respondent to pay the United States a penalty of seventy-four-thousand-five-hundred dollars ($74,500). Payment of this penalty will resolve EPA’s allegations that Respondent violated CWA Section 301(a) on at least one (1) day by discharging pollutants from a point source into waters of the United States without NPDES permit authorization and violated Section 307(d) of the CWA on at least six (6) days by operating a source in violation of pretreatment standards established under Section 307(b) of the CWA, 33 U.S.C. § 1317(b).
In the Matter of Pacific Seafood-Eureka, LLC, Docket Number CWA-09-2020-0049
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: Pacific Seafood-Eureka, LLC, 1 Commercial Street, Eureka, California 95501.
Description of Business or Activity Conducted by the Respondent: Pacific Seafood-Eureka, LLC receives fish and seafood directly from boats docked at its facility and processes fish, oysters, crabs, and shrimp.
Summary of Alleged Violations: Pacific Seafood-Eureka, LLC’s wastewater from shrimp processing bypassed the pretreatment system and discharged to waters of United States via a stormwater drain. On multiple occasions, the Respondent discharged gloves, labels, and shells to the City of Eureka’s sanitary sewer that clogged the sewer collection system.
Proposed Penalty: $74,500