Brusco Tug & Barge, Inc., Violating Clean Water Act, California 2009

PITTSBURG, CA – Brusco Tug & Barge, Inc., a Washington-based maritime services company, has been sentenced to pay $1.5 million following a guilty plea to violating the Clean Water Act, federal prosecutors announced. The sentencing, handed down on September 11, 2009, in the Northern District of California, concludes a case stemming from the illegal dumping of dredged material into the waters surrounding Winter Island, located in Contra Costa County.

According to court documents, between 2003 and 2007, Brusco employees deliberately discharged dredged material – excavated from various sites – directly into the Sacramento-San Joaquin River Delta without the required permits. The company was contracted to transport the material to Winter Island for legitimate levee rehabilitation projects, but instead opted for illicit, cost-cutting measures. Evidence revealed a pattern of discharges occurring under the cover of darkness and when surveillance was minimal, suggesting a calculated effort to evade detection.

The most egregious incident occurred on or around April 17, 2003, when a Brusco manager allegedly ordered an employee to open the hull of a barge, releasing approximately 5,000 cubic yards – roughly 870,000 gallons – of dredge material into the sensitive waterways. The discharge was a direct violation of regulations protecting the surrounding environment, particularly the delicate ecosystem of the Delta. Investigators found no record of Brusco ever possessing a Clean Water Act permit authorizing such discharges at the Winter Island location.

The Environmental Protection Agency (EPA) led the investigation, uncovering evidence of systematic disregard for environmental regulations. “This case demonstrates a clear pattern of intentional misconduct,” stated a source close to the investigation, speaking on condition of anonymity. “The company prioritized profits over protecting the vital resources of the Delta. The Delta is a critical habitat and water source, and illegal dumping like this has far-reaching consequences.”

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Penalties and Remediation

As part of the sentencing, Brusco Tug & Barge was ordered to pay a $750,000 federal fine. An additional $250,000 will be directed to the National Fish & Wildlife Foundation to support habitat restoration projects. Furthermore, $500,000 will fund the creation and implementation of a comprehensive environmental compliance plan designed to prevent future violations. The company was also placed on three years of probation.

Key Facts

Defendant: Brusco Tug & Barge, Inc.
Location: Winter Island, Contra Costa County, California
Crime: Illegal discharge of dredged material into waters of the United States
Statute Violated: 33 U.S.C. 1311(a) – Clean Water Act
Guilty Plea Date: July 20, 2009
Sentencing Date: September 18, 2009
Total Monetary Payment: $1.5 million
Fine Amount: $750,000
Restitution to NFWF: $250,000
Environmental Compliance Plan Funding: $500,000
Probation: 36 months

The case serves as a stark reminder of the potential consequences for companies that knowingly violate environmental laws. Prosecutors hope this sentence will deter similar behavior and underscore the importance of responsible environmental stewardship within the maritime industry.

Source: EPA ECHO Enforcement Case Database

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