Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 25494 [2018-11781]
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
DEPARTMENT OF JUSTICE
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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
VerDate Sep<11>2014
17:06 May 31, 2018
Jkt 244001
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:
To submit
comments:
Send them to:
By e-mail ......
pubcomment-ees.enrd@
usdoj.gov.
Acting Assistant Attorney
General, U.S. DOJ—ENRD,
P.O. Box 7611, Washington, DC 20044–7611.
By mail .........
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
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. Capt. Millions III, LLC et al.,
Civil Action No. 1:18–cv–196.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
The Complaint in this Clean Water
Act case was filed against the
defendants concurrently with the
lodging of the Consent Decree. The
Complaint alleges that the defendants,
Capt. Millions III, LLC, Brian Nguyen,
and Kha Van, are civilly liable for
violations of Section 311 of the Clean
Water Act (‘‘CWA’’), 33 U.S.C. 1321. Mr.
Nguyen is the managing member of the
company and Mr. Van is the longtime
operator of the vessel. The Complaint
alleges that the company and
individuals are liable for violations
related to the commercial longline
fishing vessel Capt. Millions III’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. Capt. Millions III, LLC
must pay a civil penalty of $10,000; the
company manager, Brian Nguyen, must
pay a civil penalty of $5,000; and the
vessel operator, Kha Van, must pay a
civil penalty of $7,000. 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
E:\FR\FM\01JNN1.SGM
01JNN1
]]>Agencies
[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:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By e-mail........................... [email protected].
By mail............................. Acting Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
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
