June 21, Polska śegluga Morska

Transcription

1 CERTIFIED MAIL RETURN RECEIPT REQUESTED Isadora Shipping Ltd. Article No. RR US Isolda Shipping Ltd. Article No. RR US Ziemia Two Ltd. Article No. RR US Ziemia Three Ltd. Article No. RR US Polsteam USA Inc. 17 Battery Place, Suite 907 New York, New York Article No Polska śegluga Morska Article No. RR US Charles Hilleren, President Guthrie-Hubner Inc. 802 Garfield Avenue P.O. Box 458 Article No Marek Paszkowski c/o Intermare Agency Service Inc. 100 Alpha Drive, Suite 118 Destrehan, Louisiana Article No Donna Klukas, Branch Mgr. A.N. Deringer, Inc. d/b/a Buchanan Customs Brokers & Agency 802 Garfield Ave. Article No Mark McLennan, President David L. Sauer, Operations Manager S.A. McLennan Company 301 W. 1st St., Ste. 306 Article No

2 Page 2 Daniel Sydow, President Daniel s Shipping Services Inc. 605 Board of Trade Bldg. Article No Captain Bill Peterson, Fleet Key Lakes Inc./GLF 212 S. 37th Ave. W., Ste. 200 Duluth, Minnesota Article No Subject: Notice of Intent to Sue Pursuant to the Clean Water Act, 33 U.S.C Dear Messrs. or Mmes.: I represent the National Wildlife Federation, the Minnesota Conservation Federation, the Wisconsin Wildlife Federation, the Prairie Rivers Network, the Indiana Wildlife Federation, the Michigan United Conservation Clubs, the League of Ohio Sportsmen and Ohio Wildlife Federation, and the Alliance for the Great Lakes. Pursuant to 505 of the Clean Water Act ( CWA ), 33 U.S.C. 1365, I am writing on their behalf to give you sixty days notice of their intent to file a citizen suit against Isadora Shipping Ltd., Isolda Shipping Ltd., Ziemia Two Ltd., Ziemia Three Ltd., and Polska Zegluga Morska aka Polish Steamship Company ( Polsteam ), and any of their parent or successor corporations, for violating 301(a) and 402 of the CWA, 33 U.S.C. 1311(a) and The CWA prohibits any person from discharging any pollutant, including, but not limited to, biological materials, from a point source, including, but not limited to, a vessel, to waters of the United States except as authorized by a National Pollutant Discharge Elimination System ( NPDES ) permit. The failure to secure a NPDES permit constitutes an ongoing violation of the CWA. Discharging ballast water containing species not indigenous to the Great Lakes, regardless of the precise date or place of the discharge, degrades and threatens the waters of the Great Lakes because such species have the potential to spread rapidly to other areas and increase vastly in number, either on their own or when taken on with ballast water in one port and discharged with ballast water in another port. My clients intend to file suit against Isadora Shipping Ltd., Isolda Shipping Ltd., Ziemia Two Ltd., Ziemia Three Ltd., and Polsteam because, on the basis of the best information available and belief, they have violated and are engaged in ongoing violations of the CWA by owning or operating vessels which, when loading cargo, have discharged and are likely to continue discharging ballast water, taken up at various locations, containing biological materials or other pollutants, to Lake Superior in or near the Port of Duluth- Superior, to Lake Michigan in or near the Port of Milwaukee, to Lake Michigan in or near the Port of Burns Harbor, or to Lake Erie or the Maumee River in or near the Port of Toledo without a NPDES permit issued by an authorized agency pursuant to 402 of the CWA, 33 U.S.C The CWA prohibits any point source, including, but not limited to, a vessel, from discharging any pollutants, including, but not limited to, biological materials, to waters of the United States except as authorized by a NPDES permit.

3 Page 3 On the basis of the best information available to us, we believe that the violations mentioned above include, but are not limited to, the following specific discharges by the following vessels owned or operated by Isadora Shipping Ltd., Isolda Shipping Ltd., Ziemia Two Ltd., Ziemia Three Ltd., or Polsteam: Discharges of ballast water containing biological materials by the Isadora to Lake Superior in or near the Port of Duluth-Superior on or about: o June 1, 2003, o November 13, 2004, o December 3, 2005, and o November 16, Discharges of ballast water containing biological materials by the Isadora to Lake Michigan in or near the Port of Burns Harbor on or about May 24, Discharges of ballast water containing biological materials by the Isolda to Lake Superior in or near the Port of Duluth-Superior on or about: o May 2, 2003, o October 10, 2003, o December 13, 2003, o November 7, 2004, o September 19, 2005, o November 11, 2005, and o April 24, Discharges of ballast water containing biological materials by the Isolda to Lake Michigan in or near the Port of Milwaukee on or about December 5, Discharges of ballast water containing biological materials by the Isolda to Lake Erie or the Maumee River in or near the Port of Toledo on or about September 2, Discharges of ballast water containing biological materials by the Ziemia Cieszynska to Lake Superior in or near the Port of Duluth-Superior on or about: o November 20, 2003, o December 2, 2004, o July 21, 2005, and o April 4, Discharges of ballast water containing biological materials by the Ziemia Gornoslaska to Lake Superior in or near the Port of Duluth-Superior on or about:

4 Page 4 o April 18, 2004, o December 14, 2004, o June 30, 2005, and o December 12, Discharges of ballast water containing biological materials by the Ziemia Gornoslaska to Lake Michigan in or near the Port of Milwaukee on or about August 9, These incidents demonstrate a continuing likelihood that such violations will recur because the vessels owned or operated by Isadora Shipping Ltd., Isolda Shipping Ltd., Ziemia Two Ltd., Ziemia Three Ltd., or Polsteam regularly visit the Great Lakes and discharge ballast water when loading cargo at Great Lakes ports. My clients intend to commence a civil action in sixty days, pursuant to 505 of the Clean Water Act ( CWA ), 33 U.S.C. 1365, to prosecute these incidents and similar or related violations, including all violations which occur or continue to occur after service of this notice, and all other violations revealed in the course of the litigation discovery process. My clients reserve the right to modify the descriptions of the incidents described in this letter either upon the commencement of the civil action or afterwards, depending upon revelations that may occur in the course of the litigation discovery process. Isadora Shipping Ltd., Isolda Shipping Ltd., Ziemia Two Ltd., Ziemia Three Ltd., or Polsteam will remain in violation of the CWA each day that the Isadora, Isolda, Ziemia Cieszynska, or Ziemia Gornoslaska, or any other vessel that they own or operate, discharge any pollutants, including, but not limited to, ballast water containing biological materials, to the waters of the United States without a NPDES permit. The names, addresses, and telephone numbers of my clients are as follows: National Wildlife Federation Great Lakes Natural Resource Center 213 West Liberty Street, Suite 200 Ann Arbor, Michigan (734) Minnesota Conservation Federation 542 Snelling Avenue South, #104 Saint Paul, Minnesota (651) Indiana Wildlife Federation 4715 West 106th Street Zionsville, Indiana (317) Michigan United Conservation Clubs 2101 Wood Street Lansing, Michigan (517)

5 Page 5 Wisconsin Wildlife Federation W7303 County Highway CS Poynette, Wisconsin (608) Prairie Rivers Network 809 South Fifth Street Champaign, Illinois (217) League of Ohio Sportsmen and Ohio Wildlife Federation 642 West Broad Street Columbus, Ohio (614) Alliance for the Great Lakes 17 North State Street, Suite 1390 Chicago, Illinois (312) In the interest of resolving this matter through negotiation, my clients invite Isadora Shipping Ltd., Isolda Shipping Ltd., Ziemia Two Ltd., Ziemia Three Ltd., and Polsteam to discuss the issues raised in this letter. Please direct all correspondence and inquiries to Neil S. Kagan at the address, phone number, or fax indicated on the letterhead. Yours truly, Neil S. Kagan Senior Counsel cc via Certified Mail Return Receipt Requested: Brad Moore, MPCA Commissioner Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, Minnesota Article No Assistant Commissioner, Water Policy Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, Minnesota Article No

6 Page 6 Doug LaFollette, Secretary of State Office of the Secretary P.O. Box 7848 Madison, Wisconsin Article No Todd Ambs, Water Division Administrator DNR Central Office Madison 101 South Webster St. P.O. Box 7921 Madison, Wisconsin Article No Thomas Easterly, Commissioner Indiana Department of Environmental Management 100 N. Senate Ave., MC Indianapolis, Indiana Article No Bruno Pigott, Assistant Commissioner Office of Water Quality Indiana Department of Environmental Management 100 N. Senate Ave., MC Indianapolis, Indiana Article No Chris Korleski, Director Ohio Environmental Protection Agency Lazarus Government Center 50 West Town Street, Suite 700 P.O. Box 1049 Columbus, Ohio Article No George Elmaraghy, Chief Ohio Environmental Protection Agency Division of Surface Water Lazarus Government Center 50 West Town Street, Suite 700 P.O. Box 1049 Columbus, Ohio Article No

7 Page 7 Stephen L. Johnson, Administrator U.S. Environmental Protection Agency 1101A Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Washington, D.C Article No Mary A. Gade, Regional Administrator U.S. Environmental Protection Agency, Region 5 77 West Jackson Boulevard Chicago, Illinois Article No Alberto R. Gonzales Attorney General United States of America U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C Article No