News Release
| Release Number: | 02-060 |
| Dated: | 3/29/2002 |
| Contact: | Public Affairs Office, 503-808-4510 |
Portland, Ore.-On March 27, the U.S. Army Corps of Engineers issued its final order administering a $5,000 penalty against the Port of Garibaldi for violation of Nationwide Permits 16 and 35.
The Nationwide Permits, which were verified by the Corps, allowed the port to hydraulically dredge up to 20,000 cubic yards (cy) of sediment from the Port's boat basin. The dredged material was to be discharged into upland disposal cells east of the boat basin and adjacent to Tillamook Bay with the excess water from the cells returned to the bay.
Because the Port did not have sediment quality data for the material to be dredged, project-specific conditions were set during the Corps' verification, requiring the Port to sample the return water discharged from the disposal cells, obtain quick-turnaround testing of water for specific toxic substances and fax the results to the Corps for review.
During the project, the port dredged about 15,000 cy of sediment from the boat basin and discharged it to the specified upland disposal cells, but the required testing of the return water for toxic substances was not carried out.
For a copy of the Corps' Public Notice 1999-01509, which describes the penalty in detail, please write to U.S. Army Corps of Engineers, ATTN: CENWP-OP-G (Robert Rose), P.O. Box 2946, Portland, OR 97208-2946 or call (503) 808-4379. The notice also is available online at https://www.nwp.usace.army.mil/op/g/penalty/199901509.pdf.
As part of the administrative penalty process, the Corps requested public review and comment on the proposed penalty on Feb. 13. The Corps offered a 30-day comment period for the proposed penalty. The comment period ended March 15, and the Corps' Portland District Engineer, Col. Randall J. Butler, issued the final order on the violation on March 27. Up to a $10,000 penalty may be assessed per permit violation, not to exceed a total fine $25,000.
Individuals, government agencies and organizations are required to apply for and receive authorization to do any work that will affect waters of the United States, including wetlands and navigable waters. The Corps routinely considers whether proposed projects meet standards of the Clean Water, Coastal Zone Management and Endangered Species acts and looks at the overall impact of the project on the affected area.