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EPA/DOJ complaint against Lake Michigan Trans-lake shortcut (Lake Michigan Carferry) for Clean Water act violations by the coal-fired ferry SS Badger.

EPA/DOJ complaint against Lake Michigan Trans-lake shortcut (Lake Michigan Carferry) for Clean Water act violations by the coal-fired ferry SS Badger.

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Published by LakeMichiganFiles
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
__________________________________________
)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Civil Action No.
)
LAKE MICHIGAN TRANS-LAKE )
SHORTCUT, INC., d/b/a LAKE MICHIGAN )
CARFERRY SERVICE and S.S. BADGER, )
)
Defendant. )
__________________________________________)
COMPLAINT
The United States of America, by the authority of the Attorney General and through the
undersigned attorney, acting at the request of the Administrator of the Environmental Protection
Agency (EPA), files this complaint and alleges as follows:
NATURE OF ACTION
1. This civil action is filed pursuant to Section 309 of the Clean Water Act (CWA or Act),
33 U.S.C. § 1319. The United States seeks injunctive relief and civil penalties.
PARTIES
2. Plaintiff is the United States of America. Authority to bring this action is vested in the
Attorney General by 28 U.S.C. §§ 516 & 519 and 33 U.S.C. § 1366.
3. Defendant is Lake Michigan Trans-Lake Shortcut, Inc., a corporation.
4. Defendant is a “person” within the meaning of CWA § 502(5), 33 U.S.C. § 1362(5).
5. Defendant does business under the names Lake Michigan Carferry Service and S.S.
Badger.
Case 1:13-cv-00317 Doc #1 Filed 03/22/13 Page 1 of 9 Page ID#1
- 2 -
COMPLAINT
United States v. Lake Michigan Trans-Lake Shortcut, Inc., d/b/a
Lake Michigan Carferry Service., Inc., and d/b/a “S.S. Badger.”
JURISDICTION AND VENUE
6. This court has jurisdiction of this action under 28 U.S.C. §§ 1331 and 1345 because this
is a civil action commenced by the United States that arises under the laws of the United States,
and under 28 U.S.C. § 1355 because this is an action for recovery of a penalty incurred under an
Act of Congress.
7. Venue is proper in this district under CWA § 309(b), 33 U.S.C. § 1319(b), because
Defendant is located and does business in this district.
8. Notice of the commencement of the action has been given to the States of Wisconsin and
Michigan as directed by CWA § 309(b), 33 U.S.C. § 1319(b).
STATUTORY AND REGULATORY AUTHORITY
9. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutant
into waters of the United States except as in compliance with certain provisions of the CWA,
including Section 402, 33 U.S.C. § 1342.
10. Section 402 of the Act, 33 U.S.C. § 1342, establishes the National Pollutant Discharge
Elimination System (NPDES) permit program.
11. Section 502(12) of the CWA, 33 U.S.C. § 1362(12), defines “discharge of a pollutant” to
include “any addition of any pollutant to navigable waters from any point source.”
12. Section 502(7) of the CWA, 33 U.S.C. § 1362(7), defines “navigable waters” to mean
“the waters of the United States, including the territorial seas.”
13. Section 502(14) of the CWA, 33 U.S.C. § 1362(14), defines “point source” to mean “any
discernible, confined and discrete conveyance, including but not limited to any . . . vessel or
other floating craft, from which pollutants are or may be discharged.”
Case 1:13-cv-00317 Doc #1 Filed 03/22/13 Page 2 of 9 Page ID#2
- 3 -
COMPLAINT
United States v. Lake Michigan Trans-Lake Shortcut, Inc., d/b/a
Lake Michigan Carferry Service., Inc., and d/b/a “S.S. Badger.”
14. Section 309(b) of the Act, 33 U.S.C., § 1319(b), authorizes the Administrator of EPA to
commence a civil action for appropriate relief, including a permanent or temporary injunction,
when any person is in violation of Section 301 of the Act, 33 U.S.C. § 1311, or of any NPDES
permit conditions or limitation implementing Section 301 (Effluent Limitations) or 302 (Water
Quality Related Effluent Limitations) of the Act, 33 U.S.C. § 1311 or 1312, among other
provisions.
15. Section 309(d) of the Act, 33 U.S.C. § 1319(d), and 40 C.F.R. § 19.4 provide, in part, that
any person who violates Section 301 of the Act, 33 U.S.C. § 1311, or any NPDES permit
condition or limitation implementing Section 301 (Effluent
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
__________________________________________
)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Civil Action No.
)
LAKE MICHIGAN TRANS-LAKE )
SHORTCUT, INC., d/b/a LAKE MICHIGAN )
CARFERRY SERVICE and S.S. BADGER, )
)
Defendant. )
__________________________________________)
COMPLAINT
The United States of America, by the authority of the Attorney General and through the
undersigned attorney, acting at the request of the Administrator of the Environmental Protection
Agency (EPA), files this complaint and alleges as follows:
NATURE OF ACTION
1. This civil action is filed pursuant to Section 309 of the Clean Water Act (CWA or Act),
33 U.S.C. § 1319. The United States seeks injunctive relief and civil penalties.
PARTIES
2. Plaintiff is the United States of America. Authority to bring this action is vested in the
Attorney General by 28 U.S.C. §§ 516 & 519 and 33 U.S.C. § 1366.
3. Defendant is Lake Michigan Trans-Lake Shortcut, Inc., a corporation.
4. Defendant is a “person” within the meaning of CWA § 502(5), 33 U.S.C. § 1362(5).
5. Defendant does business under the names Lake Michigan Carferry Service and S.S.
Badger.
Case 1:13-cv-00317 Doc #1 Filed 03/22/13 Page 1 of 9 Page ID#1
- 2 -
COMPLAINT
United States v. Lake Michigan Trans-Lake Shortcut, Inc., d/b/a
Lake Michigan Carferry Service., Inc., and d/b/a “S.S. Badger.”
JURISDICTION AND VENUE
6. This court has jurisdiction of this action under 28 U.S.C. §§ 1331 and 1345 because this
is a civil action commenced by the United States that arises under the laws of the United States,
and under 28 U.S.C. § 1355 because this is an action for recovery of a penalty incurred under an
Act of Congress.
7. Venue is proper in this district under CWA § 309(b), 33 U.S.C. § 1319(b), because
Defendant is located and does business in this district.
8. Notice of the commencement of the action has been given to the States of Wisconsin and
Michigan as directed by CWA § 309(b), 33 U.S.C. § 1319(b).
STATUTORY AND REGULATORY AUTHORITY
9. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutant
into waters of the United States except as in compliance with certain provisions of the CWA,
including Section 402, 33 U.S.C. § 1342.
10. Section 402 of the Act, 33 U.S.C. § 1342, establishes the National Pollutant Discharge
Elimination System (NPDES) permit program.
11. Section 502(12) of the CWA, 33 U.S.C. § 1362(12), defines “discharge of a pollutant” to
include “any addition of any pollutant to navigable waters from any point source.”
12. Section 502(7) of the CWA, 33 U.S.C. § 1362(7), defines “navigable waters” to mean
“the waters of the United States, including the territorial seas.”
13. Section 502(14) of the CWA, 33 U.S.C. § 1362(14), defines “point source” to mean “any
discernible, confined and discrete conveyance, including but not limited to any . . . vessel or
other floating craft, from which pollutants are or may be discharged.”
Case 1:13-cv-00317 Doc #1 Filed 03/22/13 Page 2 of 9 Page ID#2
- 3 -
COMPLAINT
United States v. Lake Michigan Trans-Lake Shortcut, Inc., d/b/a
Lake Michigan Carferry Service., Inc., and d/b/a “S.S. Badger.”
14. Section 309(b) of the Act, 33 U.S.C., § 1319(b), authorizes the Administrator of EPA to
commence a civil action for appropriate relief, including a permanent or temporary injunction,
when any person is in violation of Section 301 of the Act, 33 U.S.C. § 1311, or of any NPDES
permit conditions or limitation implementing Section 301 (Effluent Limitations) or 302 (Water
Quality Related Effluent Limitations) of the Act, 33 U.S.C. § 1311 or 1312, among other
provisions.
15. Section 309(d) of the Act, 33 U.S.C. § 1319(d), and 40 C.F.R. § 19.4 provide, in part, that
any person who violates Section 301 of the Act, 33 U.S.C. § 1311, or any NPDES permit
condition or limitation implementing Section 301 (Effluent

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Published by: LakeMichiganFiles on Sep 15, 2013
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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MICHIGAN __________________________________________ )UNITED STATES OF AMERICA, ))Plaintiff, ))v. ) Civil Action No.)LAKE MICHIGAN TRANS-LAKE )SHORTCUT, INC., d/b/a LAKE MICHIGAN )CARFERRY SERVICE and S.S. BADGER, ))Defendant. ) __________________________________________)
COMPLAINT
 The United States of America, by the authority of the Attorney General and through theundersigned attorney, acting at the request of the Administrator of the Environmental ProtectionAgency (EPA), files this complaint and alleges as follows: NATURE OF ACTION1.
 
This civil action is filed pursuant to Section 309 of the Clean Water Act (CWA or Act),33 U.S.C. § 1319. The United States seeks injunctive relief and civil penalties.PARTIES2.
 
Plaintiff is the United States of America. Authority to bring this action is vested in theAttorney General by 28 U.S.C. §§ 516 & 519 and 33 U.S.C. § 1366.3.
 
Defendant is Lake Michigan Trans-Lake Shortcut, Inc., a corporation.4.
 
Defendant is a “person” within the meaning of CWA § 502(5), 33 U.S.C. § 1362(5).5.
 
Defendant does business under the names Lake Michigan Carferry Service and S.S.Badger.
Case 1:13-cv-00317 Doc #1 Filed 03/22/13 Page 1 of 9 Page ID#1
 
- 2 -
COMPLAINTUnited States v. Lake Michigan Trans-Lake Shortcut, Inc., d/b/aLake Michigan Carferry Service., Inc., and d/b/a “S.S. Badger.”
JURISDICTION AND VENUE6.
 
This court has jurisdiction of this action under 28 U.S.C. §§ 1331 and 1345 because thisis a civil action commenced by the United States that arises under the laws of the United States,and under 28 U.S.C. § 1355 because this is an action for recovery of a penalty incurred under anAct of Congress.7.
 
Venue is proper in this district under CWA § 309(b), 33 U.S.C. § 1319(b), becauseDefendant is located and does business in this district.8.
 
 Notice of the commencement of the action has been given to the States of Wisconsin and Michigan as directed by CWA § 309(b), 33 U.S.C. § 1319(b).STATUTORY AND REGULATORY AUTHORITY9.
 
Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutantinto waters of the United States except as in compliance with certain provisions of the CWA,including Section 402, 33 U.S.C. § 1342.10.
 
Section 402 of the Act, 33 U.S.C. § 1342, establishes the National Pollutant DischargeElimination System (NPDES) permit program.11.
 
Section 502(12) of the CWA, 33 U.S.C. § 1362(12), defines “discharge of a pollutant” toinclude “any addition of any pollutant to navigable waters from any point source.”12.
 
Section 502(7) of the CWA, 33 U.S.C. § 1362(7), defines “navigable waters” to mean“the waters of the United States, including the territorial seas.”13.
 
Section 502(14) of the CWA, 33 U.S.C. § 1362(14), defines “point source” to mean “anydiscernible, confined and discrete conveyance, including but not limited to any . . . vessel or other floating craft, from which pollutants are or may be discharged.”
Case 1:13-cv-00317 Doc #1 Filed 03/22/13 Page 2 of 9 Page ID#2
 
- 3 -
COMPLAINTUnited States v. Lake Michigan Trans-Lake Shortcut, Inc., d/b/aLake Michigan Carferry Service., Inc., and d/b/a “S.S. Badger.”
14.
 
Section 309(b) of the Act, 33 U.S.C., § 1319(b), authorizes the Administrator of EPA tocommence a civil action for appropriate relief, including a permanent or temporary injunction,when any person is in violation of Section 301 of the Act, 33 U.S.C. § 1311, or of any NPDES permit conditions or limitation implementing Section 301 (Effluent Limitations) or 302 (Water Quality Related Effluent Limitations) of the Act, 33 U.S.C. § 1311 or 1312, among other  provisions.15.
 
Section 309(d) of the Act, 33 U.S.C. § 1319(d), and 40 C.F.R. § 19.4 provide, in part, thatany person who violates Section 301 of the Act, 33 U.S.C. § 1311, or any NPDES permitcondition or limitation implementing Section 301 (Effluent Limitations) or 302 (Water QualityRelated Effluent Limitations) of the Act, 33 U.S.C. § 1311 or 1312, among other provisions,shall be subject to a civil penalty not to exceed $37,500 per day.GENERAL ALLEGATIONS16.
 
Defendant owns and operates a coal-fired steamship of 4244 tons, 393.7 feet in length,IMO No. 5033583, named Badger.17.
 
Defendant operates Badger on Lake Michigan, ferrying passengers and vehicles betweenManitowoc, Wisconsin, and Ludington, Michigan. Badger sometimes carries freight or makesshoreline cruises.18.
 
Badger’s operating season runs from May to October or November.19.
 
The burning of coal on Badger generates coal ash and coal ash slurry, which Defendantroutinely discharges into Lake Michigan.20.
 
The waters of Lake Michigan are “waters of the United States” within the meaning of Section 502(7) of the Act, 33 U.S.C. § 1362(7), and as defined at 40 C.F.R. § 122.2.
Case 1:13-cv-00317 Doc #1 Filed 03/22/13 Page 3 of 9 Page ID#3

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