[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Page 25494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11781]
[[Page 25494]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On May 24, 2018, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Hawaii in the lawsuit entitled United States of America v. Triple
Dragon LLC et al., Civil Action No. 1:18-cv-152.
The Complaint in this Clean Water Act case was filed against the
defendants on April 27, 2018. The Complaint alleges that the
defendants, Triple Dragon LLC, Trung Anh Quach, and Aukusitino Lui
Mauia, are civilly liable for violations of Section 311 of the Clean
Water Act (``CWA''), 33 U.S.C. 1321. Mr. Quach is the managing member
of the company and Mr. Mauia was the operator of the vessel at the time
the Coast Guard discovered the violations. The Complaint alleges that
the company and individuals are liable for violations related to the
commercial longline fishing vessel Triple Dragon's operations based out
of Honolulu, Hawaii. The Complaint addresses discharges of oily bilge
waste from the vessel while fishing for tuna off Hawaii. The Complaint
also includes a Clean Water Act claim for violations of the Coast
Guard's pollution control regulations, including failure to provide
sufficient capacity to retain all oily bilge water onboard the vessel.
The United States seeks civil penalties and injunctive relief to deter
future violations by the defendants and others in the industry.
Under the proposed Consent Decree, the defendants will perform
corrective measures to remedy the violations and prevent future
violations, including: (1) Repairing the vessel to reduce the quantity
of oily waste generated during a fishing voyage; (2) providing
crewmembers with training on the proper handling of oily wastes; (3)
documenting proper oily waste management and disposal after returning
to port; and (4) submitting compliance reports to the Coast Guard and
the Department of Justice.
The consent decree also requires the company, company manager, and
vessel operator to each pay a civil penalty. The penalty amounts were
set considering each defendant's limited ability to pay a higher
penalty, as demonstrated through documentation submitted to the United
States and analyzed by a financial expert. Triple Dragon LLC must pay a
civil penalty of $15,000; the company manager, Trung Anh Quach, must
pay a civil penalty of $10,000; and the vessel operator, Aukusitino Lui
Maui, must pay a civil penalty of $500. Under the terms of the Clean
Water Act, the penalties paid for these discharges will be deposited in
the federal Oil Spill Liability Trust Fund managed by the National
Pollution Funds Center.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States of America v. Triple Dragon LLC et
al., D.J. Ref. No. 90-5-1-1-11817. All comments must be submitted no
later than thirty (30) days after the publication date of this notice.
Comments may be submitted by either email or by mail:
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To submit comments: Send them to:
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By e-mail........................... [email protected].
By mail............................. Acting Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $15.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-11781 Filed 5-31-18; 8:45 am]
BILLING CODE 4410-15-P