UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

Reply To: OCE-133 

1200 Sixth Avenue, Suite 900 

Seattle, Washington 98101-3140 

2 4 JUN 2008 

CERTIFIED MAIL· RETUR RECEIPT RE UESTED. / / 

NOTICE OF VIOLATION and REQUESi1iJR ~;~;~~~N Terry Shaff, President 

UniSea, Inc. 

Dutch Harbor Facility 

P.O. Box 97019 

Redmond, Washington 98073-9719 

Re: Recent Ammonia Spills and Violations from 2004 to Present 

NPDES Permit No. AK-002865-7 

Dear Mr. Shaff: 

After reviewing UniSea's file and spill notifications, the U.S. Environmental Protection 

Agency (EPA) is concerned about the ammonia spills that have occurred at UniSea, Inc.'s 

(UniSea) Dutch Harbor Facility (Facility), and the more than twenty Clean Water Act National 

Pollutant Discharge Elimination System Permit (NPDES Permit) violations that have occurred at 

the Facility since 2004. The violations are listed in Enclosure A. 

INFORMATION REQUESTED 

In exercising its responsibilities under the Clean Water Act, EPA is requesting 

information from UniSea under the authority of Section 308 of the Clean Water Act, 33 U.S.C. 

§ 1318, This information is necessary in order for EPA to evaluate your compliance with the 

Clean Water Act. EPA requests that UniSea provide the information set forth below within 

thirty (30) days of receipt of this letter (unless otherwise indicated). 

1. Provide all information on known ammonia spills in the past five years. This includes 

sample results (if taken), dates and duration, locations, and volumes of the spill. 

2. Develop and submit a sampling plan to sample all permitted and unpermitted outfalls 

(including storm water outfalls) that discharge to waters of the United States once per 

week for the next 12 processing months. Sample fot parameters listed in Enclosure B. 

Samples shall be analyzed according to procedures approved under 40 CFR Part 136. 

Sample results shall be submitted in the monthly Discharge Monitoring Reports (DMRs) 

each month and in a submittal to Robert Grandinetti, Compliance OffiCer. 
3. EPA understands from UniSea's spill notifications that the ammonia spills likely 

occurred from leaks in the Facility's ammonia refrigeration condensers. Provide a 

schematic of each ammonia refrigeration condenser. 

4. Provide: (a) the manufacturer's estimate of how often ammonia should be replaced in 

each ammonia refrigeration condenser; (b) the expected loss of ammonia either through 

air emissions or in purge water to the environment; (c) the ammonia capacity of each 

ammonia refrigeration condenser; and (d) dates and volume of ammonia that was added 

to each ammonia refrigeration condenser in the past five years. 

5. EPA understands that UniSea's waste pile has fluctuated in depth, volume, and acreage 

since 2004. EPA also understands that UniSea plans on performing a diver survey during 

August 2008. Please ensure the most recent dive survey methodology submitted by AquaTerra Consultants in April of 2007 is used. Also, schedule and perform a dive survey in the 

late summer of 2009 as well, and submit the final report within sixty (60) days of finalizing 

the ill ve survey. 

6. Other than the glycol releases listed in the attachment, please list any other glycol 

releases to any waters of the United States in the past five years from the Facility. This 

includes sample results (if taken), dates and duration, locations, and volumes of the spill. 

7. Describe the inspection and maintenance protocols for the glycol system and the 

ammonia refrigeration system. . . 

8. Describe how UniSea ensures there are no losses of glycol or ammonia to the 

environment. 

The information requested above shall be signed and certified in accordance with the 

requirements in Part VIIl.E. of the Permit and submitted to the following address: 

Original to: Robert Grandinetti 

U.S. Environmental Protection Agency 

NPDES Compliance Unit 

309 Bradley Boulevard, Suite 115 

Richland, W A 98352 

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The failure to provide all the infonnation requested, the failure to adequately explain the 

basis for such failure, or the making of any false material statement or representation in response 

to this Request for Infonnation constitutes a violation of Section 308 of the Clean Water Act, 33 

U.S.C. § 1318, and may result in an enforcement action and the imposition of civil and/or 

criminal penalties or fines pursuant to Section 309 of the Clean Water Act, 33 U.S.C. § 1319, 

and Title 18 of the United States Code, 18 U.S.C. § 1001. . 

Although the infonnation requested must be submitted to EPA, you are entitled to assert 

a business confidentiality claim pursuant to the regulations set forth in 40 C.F .R. Part 2, Subpart 

B. If EPA detennines the infonnation you have designated meets the criteria in 40 C.F.R. 

§ 2.208, the infonnation will be disclosed only to the extent and by means ofthe procedures 

specified in Subpart B. Unless a confidentiality claim is asserted at the time the requested 

infonnation is submitted, EPA may make the infonnation available to the public without further 

notice to you. 

It is EPA's goal to ensure facilities subject to the Clean Water Act fully comply with their 

pennits; however, the ultimate responsibility for compliance rests with the facility. We strongly 

encourage your company to continue its efforts to become familiar with the tenns of any relevant 

pennits and to take appropriate measures to ensure full compliance. Notwithstanding your 

response to this notice of violation and infonnation request, EPA retains all rights to pursue 

enforcement actions to address these and any other violations. These actions may include 

monetary penalties of up to $32,500 per day, per violation. 

If you have any questions regarding this letter or other matters related to your compliance 

with environmental laws, please contact Robert Grandinetti, Compliance Officer, at 

(509) 376-3748. 

Enclosure 

cc: Chris Foley, ADEC 

Katy McKerney, ADEC 

S:f&l 

Mio"'" 

Office of 

A. 

Compliance 

i"~e\,d, and Enforcement 

3 
ENCLOSURE A 

UniSea, Inc. Dutch Harbor Facility 

List of Alleged Violations 

a storm water 

from outfall 003 - a 

10 7/24/2005 Unauthorized discharge of 500 gallons of a caustic solution causing apH 

excursion of 10 units 

11 9/8/2005 Unauthorized discharge of 20 gallons of stick water inside the excluded discharge 

area 

12 9/28/2005 Unauthorized discharge of 2000 gallons of unscreened processing 

discharge of 59,000 gallons of unscreened seafood processing 

un screened seafood processing 

23 12112/2007 Unauthorized discharge of 8,600 pounds of ammonia and failure to report the 

24 12/22/2007 Unauthorized discharge of 9,400 pounds of ammonia and failure to report the 

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ENCLOSUREB 

Parameter Units Sample Sample Type Method 

Frequency Detection 

Limit 

Total Ammonia mglL IlWeek Grab N/A 

Arsenic, total flglL IlWeek Grab 10 

recoverable 

Copper, total flglL IlWeek Grab I 

recoverable 

Cadmium, total flglL IlWeek Grab 0.1 

recoverable 

Lead. total recoverable flglL IlWeek Grab 0.1 

Mercury, total flg/L llWeek Grab 0.005 

Nickel, total flglL IlWeek Grab 5 

recoverable 

Selenium, total flglL llWeek Grab 2 

recoverable 

Sil~er, total flglL llWeek Grab 0.2 

recoverable 

Zinc, total recoverable flg/L llWeek Grab 10 

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