Summary

In accordance with Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), 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 Cabras Marine Corporation (Respondent) to resolve the following civil administrative penalty proceeding under Section 309(g) of the CWA.

On July 26, 2019, 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 conclude this CWA Class II civil administrative penalty proceeding. The Proposed CA/FO requires Respondent to pay the United States an administrative civil penalty two hundred and fifty thousand, eight hundred and twenty-seven dollars ($250,827). Payment of this penalty will resolve EPA’s allegations that Respondent violated Sections 301(a) and 402 of the CWA by discharging storm water associated with industrial activity without authorization under EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) from on or around June 30, 2014 through January 30, 2018; and discharging stormwater and process wastewater in violation of individual National Pollutant Discharge Elimination System (NPDES) permit GU00200397 from on or around June 30, 2014 through June 6, 2017.

In the Matter of Cabras Marine Corporation
Docket No. CWA-09-2019-0055

Complainant

Amy C. Miller, Director, Enforcement & Compliance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105

Respondent

Cabras Marine Corporation, 178 Industrial Avenue, Piti, Guam.

Description of Business or Activity Conducted by the Respondent

Cabras Marine Corporation operates a shipyard repair facility and dry dock in Piti, Guam.

Summary of Alleged Violations

Cabras Marine Corporation violated CWA Sections 301(a), 33 U.S.C. § 1311(a) on at least one hundred sixty-seven (167) rain days by discharging storm water associated with industrial activity from a point source into waters of the United States without a NPDES permit. Further, Cabras Marine violated CWA Section 402, 33 U.S.C. § 1342, each day it failed to comply with NPDES Permit GU00200397 for discharges from the dry dock. Specifically, violations included failure to provide sufficient containment for the dry dock to capture process wastewater and stormwater up to the 25-year, 24-hour storm event; failure to contain sandblast grit, paint particles and debris from discharging to Apra Harbor; failure to maintain oil response equipment on-site; failure to contain leaks and spills of oil and grease; and failure to properly store drums and containers of petroleum waste and other waste materials without secondary containment.

Proposed Penalty

Two hundred and fifty thousand, eight hundred and twenty-seven dollars ($250,827).

Applicant or Respondent

Cabras Marine Corporation, 178 Industrial Avenue, Piti, Guam 96915