Public Notice: Continental Transport Corporation, Pago Pago, AS; Proposed Settlement of CWA Section 309(g) Class II Administrative Penalty
Summary
EPA is providing notice of a proposed administrative penalty settlement with Continental Transport Corporation, a corporation organized under the laws of American Samoa and based in Pago Pago, American Samoa (Respondent) for violations of the Clean Water Act (CWA). EPA alleges that Respondent violated CWA Section 301(a), 33 U.S.C. § 1311(a), by discharging fill material into waters of the United States without obtaining authorization from the U.S. Army Corps of Engineers under CWA Section 404, 33 U.S.C. § 1344.
Specifically, EPA alleges that from September 2022 and continuing at least through October 20, 2022, Respondent, as the construction contractor for the American Samoa Government, Department of Public Works (ASDPW), began construction of the Nu’uuli Village Road Shoreline Revetment Project along a portion of the eastern shoreline of Coconut Point in Nu’uuli Village, Island of Tutuila, American Samoa. As part of this project Respondent used mechanized land-clearing and earthmoving equipment to discharge rock, soil, and concrete tri-bar below the high tide line along 330 feet of coastal shoreline. The project also involved in-water work and placement of structures below the ordinary high water mark.
Pursuant to Section 309(g) of the CWA, 33 U.S.C. § 1319(g), and in accordance with 40 C.F.R. Part 22 (rules of practice for assessing administrative civil penalties), EPA proposes entering into a Consent Agreement and Final Order (CA/FO) with Respondent to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. Under the proposed CA/FO, Respondent will pay the United States a civil penalty of $26,000 to resolve this matter.
In the Matter of Continental Transport Corporation, Pago Pago, American Samoa, EPA Docket Number CWA-09-2024-0078
Complainant: Amy Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: Continental Transport Corporation, Pago Pago, American Samoa
Description of Business or Activity Conducted by the Respondent: Continental Transport Corporation is a general and special trade contractor primarily engaged in the construction of roads, streets, alleys, public sidewalks, guardrails, parkways, and airports.
Summary of Alleged Violations: Respondent discharged fill material into waters of the United States without obtaining authorization from the U.S. Army Corps of Engineers under CWA Section 404, 33 U.S.C. § 1344.
Proposed Penalty: $26,000.
Applicants or Respondents
Continental Transport CorporationPago Pago, AS
United States