The U.S. Department of Justice has lodged a proposed consent decree to resolve allegations that a Hawaiian ship repair facility and dry dock operator violated the Clean Water Act (CWA). United States v. Marisco, Ltd., No. 13-00146-LEK-RLP (D. Hawaii, lodged 3/28/13). If approved by the court, the consent decree will resolve allegations that the owner discharged pollutants in excess of its permit limitations, discharged washwater in violation of its permits, failed to sample its effluents, failed to keep records, failed to submit discharge monitoring reports, did not follow management practices set forth in its permits, and did not timely apply for permits it needed. The consent decree is subject to public comment; comments must be submitted within 30 days of the April 3, 2013, Federal Register publication date.
According to the complaint, up to 62 separate violations occurred, and pollutants allegedly discharged into Kaleloa Barbers Point Harbor without a permit or in excess of permit limits included copper, zinc and total suspended solids. United States v. Marisco, Ltd., No. 13-00146-LEK-RLP (D. Hawaii, complaint filed 3/28/13). The consent decree requires the owner to pay a $170,000 civil penalty, develop an effluent sampling and analysis plan, collect and treat water used in washing the dry dock, and submit monthly compliance reports.