The American Samoa Environmental Protection Agency has issued a stop order notice to StarKist Samoa Inc., ordering the cannery to “immediately cease and desist from operating the StarKist cannery or engaging in the activities responsible for creating an unauthorized discharge of pollutants into Pago Harbor, until written notice from the AS-EPA is given lifting this STOP ORDER NOTICE.”

In his letter dated Thursday, July 3 to Kwon Fangdong, the Acting CEO of StarKist Samoa, AS-EPA Director Ameko Pato explained that since June 18, 2014, the water at the  Pago Harbor near the tuna cannery has been visibly discolored, prompting the AS-EPA, in conjunction with the Department of Marine and Wildlife Resources (DMWR) to collect samples earlier this month.

During the sampling, Pato continued, the AS-EPA inspection officers reported seeing the water discolored, murky, and bubbling near the pier of Samoa TriMarine Processing.

“AS-EPA officers also reported a strong odor emanating from the water,” Pato wrote. In addition, “DMWR officers reported dead marine animals and habitat deterioration in the Harbor.”

The samples taken showed water turbidity at the site in question, near the cannery to be 13.2 NTUs. In comparison, the water turbidity in the central harbor was 1.3 NTUs and the inner harbor was 1.0 NTUs.

Pato pointed out that under Section 24.0206 (m) of the American Samoa Administrative Code, water turbidity in the harbor is not to exceed 0.75 NTUs.

Currently, water turbidity near the site in question is 13 times greater than the legal allowable limit. “The AS-EPA has also received multiple reports of a possible leak in the cannery’s wastewater pipe responsible for the discharge,” Pato wrote. “Given the condition of the water near the cannery, these reports cannot be dismissed as meritless.”

He continued, “Pursuant to StarKist’s Authorization to Discharge, under the National Pollutant Discharge Elimination System Permit No. AS0000019, StarKist is required to report any noncompliance which may endanger human health or the environment to the United States Environmental Protection Agency and the AS-EPA, within 24 hours of becoming aware of the condition responsible for the noncompliance.”

The AS-EPA director pointed out, “The discharge has now been observed in the harbor for three weeks.”

Under Section 24.0154 of the American Samoa Code Annotated, the Director of the AS-EPA, as the Executive Secretary of the Environmental Quality Commission, is authorized, with concurrence of the Governor, to issue an Emergency Order to persons causing or contributing to a generalized condition of discharging pollutants to reduce or discontinue immediately the discharge of said pollutants.

“Immediate compliance with this order is required,” Pato wrote.

He informed Fangdong that per section 24.0154 of the ASCA, “you are entitled to a hearing before the Environmental Quality Commission to affirm, modify, or set aside this order.” The hearing shall be held within 24 hours of the order being issued.

Copies of Pato’s letter were forwarded to Acting Governor Lemanu Peleti Mauga, DMWR Director Dr. Ruth Matagi-Tofiga, Public Works Director Faleosina Voigt, Director of Commerce Keniseli Lafaele, and the Director of Health Motusa Tuileama Nua.

Efforts to obtain comments from StarKist were unsuccessful as of press time yesterday.

At present, the DMWR and the AS-EPA are advising the public not to swim or fish in the harbor.

Samoa News spoke to several StarKist Samoa cannery workers who said their last work shift was on Thursday, last week, July 3. However, their understanding is that it is a regular July 4th break with four days off — and they are scheduled to return to work on Tuesday, July 8. They were not aware of any work stoppage due to an AS-EPA Stop Order Notice.