ELR Citation: ELR 20339
No(s). Civ 98-1052(SEC) (D.P.R. Feb 3, 2000)

The court upholds a $10,000 penalty imposed by the U.S. Coast Guard under the Clean Water Act against the management company of a ship that discharged garbage and plastic into navigable waters of the United States. The court first holds that the Coast Guard's determination that the company is liable for the discharge is supported by substantial evidence in the administrative record. An eyewitness' account of the incident coupled with his subsequent identification of the company's ship provided the Coast Guard with a sound basis to determine that the company was liable for the discharge of the garbage. Moreover, the investigator's decision to rule out another ship based on its appearance and position was rational and not arbitrary. Likewise, the shipmaster had no receipts of garbage being properly discharged at a port facility, yet a photo of the interior of the ship showed an empty white garbage bag. The court next holds that the Coast Guard did not abuse its discretion in assessing a $10,000 penalty against the ship company. The company did not present any mitigating factors, the Coast Guard determined $10,000 was appropriate in light of the seriousness of the violation, and the penalty is within the statutory range.

Counsel for Plaintiff
Paul E. Calvesbert
Law Offices of Paul E. Calvesbert
El Caribe Bldg.
53 Palmeras St., Ste. 1402, San Juan PR 00901
(787) 722-8800

Counsel for Defendant
Lisa E. Bhatia-Gautier
U.S. Attorney's Office
452 Federal Office Bldg.
150 Carlos E. Chardon Ave., Hato Rey PR 00918
(787) 766-5656