[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Page 25494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11781]

[[Page 25494]]



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...........................  pubcomment-ees.enrd@usdoj.gov.
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-
    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]