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 HarborFacility P.O. Box 97019 Redmond, Washington 98073-9719 Re: Recent Ammonia Spills and Violations from 2004 to Present NPDES Permit No. AK-002865-7 DearMr. 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 HarborFacility (Facility), and the more than twenty Clean WaterAct National Pollutant DischargeElimination System Permit (NPDES Permit) violations that have occurred at theFacility 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 ofSection 308 ofthe Clean WaterAct, 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 ofreceipt ofthis letter (unless otherwise indicated). 1. Provide all information on known ammonia spills in the past five years. This includes sample results (iftaken), dates and duration, locations, and volumes ofthe spill. 2. Develop and submit a samplingplan to sample all permitted and unpermitted outfalls (including storm water outfalls) that discharge to waters ofthe 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 under40 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 ammoniarefrigeration condensers. Provide a schematic ofeach ammoniarefrigeration condenser. 4. Provide: (a) the manufacturer's estimate ofhow often ammonia shouldbe replaced in each ammoniarefrigeration condenser; (b) the expected loss ofammonia either through air emissions or in purge water to the environment; (c) the ammonia capacity ofeach ammonia refrigeration condenser; and (d) dates and volume of ammonia that was added to each ammoniarefrigeration 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 thatUniSeaplans on performing a diver survey during August 2008. Please ensure the most recent dive survey methodology submittedby AquaTerra Consultants in April of2007 is used. Also, schedule and perform a dive surveyin the late summer of2009 as well, and submit the final report within sixty (60) days offinalizing the 

### illve survey. 6. Other than the glycol releases listed in the attachment, please list any other glycol releases to any waters ofthe United States in the past five years from the Facility. This includes sample results (iftaken), dates and duration, locations, and volumes ofthe spill. 7. Describe the inspection and maintenance protocols for the glycol system and the ammoniarefrigeration system.
. . 8. Describe how UniSea ensures there are no losses ofglycol or ammonia to the environment.

The information requested above shall be signed and certifiedin accordance with the requirements in Part VIIl.E. ofthe Permit and submitted to the following address: Original to: Robert Grandinetti U.S. Environmental Protection Agency NPDES Compliance Unit 309 BradleyBoulevard, Suite 115 Richland, W A 98352

2The failure to provide all the infonnation requested, the failure to adequately explain the basis for such failure, orthe making ofany false material statement or representation in response to this Request for Infonnation constitutes a violation ofSection 308 ofthe Clean Water Act, 33 U.S.C. § 1318, and mayresult in an enforcement action and the imposition ofcivil and/or criminal penalties or fines pursuant to Section 309 ofthe Clean Water Act, 33 U.S.C. § 1319, and Title 18 ofthe United States Code, 18 U.S.C. § 1001.
. Although the infonnation requested mustbe submitted to EPA, you are entitled to assert a business confidentiality claim pursuantto the regulations set forth in 40 C.F.R. Part 2, Subpart B. IfEPA detennines the infonnation you have designated meets the criteria in 40 C.F.R. 

### § 2.208, the infonnationwill be disclosed onlyto the extent and bymeans oftheprocedures specified in Subpart B. Unless a confidentiality claim is asserted at the time therequested infonnation is submitted, EPA maymake the infonnation available to the public without further noticeto you. Itis EPA's goal to ensure facilities subject to the Clean WaterAct fully complywith their pennits; however, the ultimate responsibility for compliance rests withthe facility. We strongly encourage your companyto continue its efforts to become familiar with the tenns ofanyrelevant pennits and to take appropriate measures to ensure full compliance. Notwithstanding your response to this notice ofviolation and infonnation request, EPA retains all rights to pursue enforcement actions to address these and any otherviolations. These actions may include monetarypenalties ofup to $32,500 per day, per violation. Ifyou 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"'" A.

# i"~e\,d, Office ofCompliance and Enforcement

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### ENCLOSUREA UniSea, Inc. Dutch Harbor Facility List ofAlleged Violations



### a storm water from outfall 003 - a
10 7/24/2005 Unauthorized discharge of500 gallons ofa caustic solution causing apH excursion of 10 units 11 9/8/2005 Unauthorized discharge of20 gallons ofstick water inside the excluded discharge area 12 9/28/2005 Unauthorized discharge of2000 gallons ofunscreened processing

discharge of59,000 gallons ofunscreened seafoodprocessing

unscreened seafood processing

23 12112/2007 Unauthorized discharge of8,600 pounds ofammonia and failure to report the 24 12/22/2007 Unauthorized discharge of9,400 pounds ofammonia and failure to report the



### 4ENCLOSUREB 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



### 5