EGG PRODUCER SETTLES WITH GOVERNMENT CASE INVOLVING WATER POLLUTION DISCHARGES IN MISSISSIPPI

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 

Major Egg Producer to Reduce Water Pollution Discharges at Mississippi Facility

Release Date: 04/13/2015

WASHINGTON - The U.S. Environmental Protection Agency (EPA) and Justice Department’s Environment and Natural Resources Division announced  a settlement with Cal-Maine Foods, Inc., one of the nation’s largest egg producers, that resolves Clean Water Act violations at the company’s poultry egg production facility in Edwards, Miss. Under the settlement, Cal-Maine will bring the facility into compliance with its state-issued water discharge permit, significantly reduce nutrient pollution discharges, and improve environmental data collection and reporting practices. The company will also pay a $475,000 penalty to be split evenly between the U.S. Federal and Mississippi governments.

“Clean Water Act violations from agricultural facilities can impair drinking water sources, transmit disease-causing bacteria, and endanger our lakes and rivers,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “When concentrated animal feeding operations discharge pollutants into U.S. waters, the law requires them to have a permit and comply with it. We’re committed to enforcing the law to protect water quality for communities like the one where this facility is located.”

“The Justice Department is committed to protecting clean water for all Americans, and ensuring large concentrated animal feeding operations are good neighbors to those communities living near them like Edwards,” said Assistant Attorney General John Cruden for the Justice Department’s Environment and Natural Resources Division. “This settlement will bring Cal-Maine into compliance with state and federal laws and cut nutrient pollution discharges into area waterways.”

“This is good news for water quality and health for the residents of Edwards by requiring that Cal-Maine's facilities operate in accordance with state and federal laws,” said U.S. Attorney Gregory K. Davis for the Southern District of Mississippi. “The settlement also represents the commitment by the Justice Department and our federal and state partners to protect water, air and land from health hazards and pollution.”

Today’s settlement, a consent decree filed in federal court in the Southern District of Mississippi Northern Division, resolves alleged violations of Cal-Maine’s Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit at its facility in Edwards, Miss., a large concentrated animal feeding operation that houses more than 2 million chickens. Cal-Maine discharged pollutants from the production area into a tributary of a nearby creek without NPDES permit authorization, and applied nitrogen-laden wastewater on fields at the facility during winter months when land application was prohibited and sometimes at rates that exceeded their permit requirements. Cal-Maine also committed hundreds of water sampling, recordkeeping and reporting violations.

The facility is located in a community where close to half of the households have an annual income of less than $25,000. One of EPA's top priorities is to protect communities that are disproportionately affected by pollution.

Too much nitrogen and phosphorus in the water causes algae to grow faster than ecosystems can handle. Large growths of algae, known as algal blooms, contribute to the creation of hypoxia or “dead zones” in water bodies where oxygen levels are so low that most aquatic life cannot survive. Excessive nitrogen and phosphorus that washes into water bodies and is released into the air are often the direct result of human activities, and agricultural operations are one of the major sources of nutrient pollution.

Under the settlement, Cal-Maine is already developing and implementing: procedures for its egg production and land application areas to achieve compliance with its NPDES permit, an employee training policy, and improved recordkeeping and reporting practices. The procedures were submitted to, and reviewed and approved by EPA and Mississippi officials over the course of settlement negotiations. Cal-Maine has begun implementing these procedures and must comply with all the terms of the settlement by April 30, 2016.

Once the pollution controls required by the settlement are implemented, EPA estimates Cal-Maine will cut discharges of nitrogen by 89,000 pounds and phosphorous by 20,000 pounds per year. EPA estimates it will cost Cal-Maine approximately $418,000 to implement the settlement requirements and bring the Edwards, Miss., facility into compliance with state and federal clean water laws.

Cal-Maine Foods, Inc. and Cal-Maine Farms, Inc. merged into one corporate entity called Cal-Maine Foods, Inc., effective January 1, 2015.

This case is part of EPA’s National Enforcement Initiative to prevent animal waste from contaminating surface and ground water.

DOJ, EPA, WVDEP SETTLE CLEAN WATER ACT VIOLATIONS CASE WITH TRANS ENERGY INC.,

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, September 2, 2014

Trans Energy Inc. to Restore Streams and Wetland Damaged by Natural Gas Extraction Activities in West Virginia

Company Will Also Pay $3 Million Civil Penalty to Resolve Alleged Clean Water Act Violations

The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the West Virginia Department of Environmental Protection (WVDEP) today announced a settlement with   Trans Energy Inc., requiring the oil and gas company to restore portions of streams and wetlands at 15 sites in West Virginia that were polluted by the company’s unauthorized discharge of dredge or fill material.   Trans Energy will pay a penalty of $3 million to be divided equally between the federal government and the WVDEP.   The Clean Water Act requires a company to obtain a permit from EPA and the U.S. Army Corps of Engineers prior to discharging dredge or fill material into wetlands, rivers, streams and other waters of the United States.

“Today’s agreement requires that Trans Energy take important steps to comply with state and federal laws that are critical to protecting our nation’s waters, wetlands and streams,” said Sam Hirsch, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.  “We will continue to ensure that the development of our nation’s domestic energy resources, including through the use of hydraulic fracturing techniques, complies with the Clean Water Act and other applicable federal laws.”

“As part of our commitment to safe development of domestic energy supplies, EPA is working to protect wetlands and local water supplies on which communities depend,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance.   “By enforcing environmental laws, we’re helping to ensure a level playing field for responsible businesses."

In addition to the penalty, the company will reconstruct impacted aquatic resources or otherwise address impacts at each of the 15 sites, provide appropriate compensatory mitigation for impacts to streams and wetlands, and implement a comprehensive compliance program to ensure future compliance with Section 404 of the Clean Water Act and applicable state law.   Among other requirements, the company will work to ensure that all aquatic resources are identified prior to starting work on any future projects in West Virginia, and that appropriate consideration is given at the design stage to avoid and minimize impacts to aquatic resources.   It is estimated that Trans Energy will spend more than $13 million to complete the restoration and mitigation work required by the consent decree.

The federal government and the WVDEP allege that the company impounded streams and discharged sand, dirt, rocks and other materials into streams and wetlands without a federal permit in order to construct well pads, impoundments, road crossings and other facilities related to natural gas extraction.   The government alleges that the violations impacted approximately 13,000 linear feet of stream and more than an acre of wetlands.

Filling wetlands illegally and damming streams can result in serious environmental consequences.   Streams, rivers and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species.

EPA discovered the violations in 2011 and 2012 through information provided by WVDEP and the public, and through routine field inspections.   In summer 2014, the company conducted an internal audit and ultimately disclosed to EPA alleged violations at eight additional locations, which are also being resolved through this Consent Decree.

The settlement also resolves alleged violations of state law brought by the WVDEP.

DOJ SAYS TRANS ENERGY INC. WILL RESTORE STREAMS, WETLANDS DAMAGED BY NATURAL GAS EXTRACTION

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, September 2, 2014

Trans Energy Inc. to Restore Streams and Wetland Damaged by Natural Gas Extraction Activities in West Virginia

Company Will Also Pay $3 Million Civil Penalty to Resolve Alleged Clean Water Act Violations

The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the West Virginia Department of Environmental Protection (WVDEP) today announced a settlement with   Trans Energy Inc., requiring the oil and gas company to restore portions of streams and wetlands at 15 sites in West Virginia that were polluted by the company’s unauthorized discharge of dredge or fill material.   Trans Energy will pay a penalty of $3 million to be divided equally between the federal government and the WVDEP.   The Clean Water Act requires a company to obtain a permit from EPA and the U.S. Army Corps of Engineers prior to discharging dredge or fill material into wetlands, rivers, streams and other waters of the United States.

“Today’s agreement requires that Trans Energy take important steps to comply with state and federal laws that are critical to protecting our nation’s waters, wetlands and streams,” said Sam Hirsch, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.  “We will continue to ensure that the development of our nation’s domestic energy resources, including through the use of hydraulic fracturing techniques, complies with the Clean Water Act and other applicable federal laws.”

“As part of our commitment to safe development of domestic energy supplies, EPA is working to protect wetlands and local water supplies on which communities depend,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance.   “By enforcing environmental laws, we’re helping to ensure a level playing field for responsible businesses."

In addition to the penalty, the company will reconstruct impacted aquatic resources or otherwise address impacts at each of the 15 sites, provide appropriate compensatory mitigation for impacts to streams and wetlands, and implement a comprehensive compliance program to ensure future compliance with Section 404 of the Clean Water Act and applicable state law.   Among other requirements, the company will work to ensure that all aquatic resources are identified prior to starting work on any future projects in West Virginia, and that appropriate consideration is given at the design stage to avoid and minimize impacts to aquatic resources.   It is estimated that Trans Energy will spend more than $13 million to complete the restoration and mitigation work required by the consent decree.

The federal government and the WVDEP allege that the company impounded streams and discharged sand, dirt, rocks and other materials into streams and wetlands without a federal permit in order to construct well pads, impoundments, road crossings and other facilities related to natural gas extraction.   The government alleges that the violations impacted approximately 13,000 linear feet of stream and more than an acre of wetlands.

Filling wetlands illegally and damming streams can result in serious environmental consequences.   Streams, rivers and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species.

EPA discovered the violations in 2011 and 2012 through information provided by WVDEP and the public, and through routine field inspections.   In summer 2014, the company conducted an internal audit and ultimately disclosed to EPA alleged violations at eight additional locations, which are also being resolved through this Consent Decree.

The settlement also resolves alleged violations of state law brought by the WVDEP.

BRANCH OF CANADIAN COMPANY TO PAY $2.5 MILLION FOR VIOLATIONS OF WASTEWATER PLANT IN SHREVEPORT, LA

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, July 10, 2014

U.S. Branch of Canadian Company to Pay $2.5 Million Penalty for Shreveport, La., Wastewater Plant

Settlement Resolves Water, Hazardous Waste and Air Violations

Houston-based CCS (USA) Inc. and several of its operating subsidiaries will pay a $2.5 million civil penalty relating to operations at its Shreveport, Louisiana, industrial wastewater treatment plant, the Department of Justice, U.S. Environmental Protection Agency (EPA) and the state of Louisiana announced today.  The settlement will resolve violations of the Clean Water Act, the Clean Air Act and the hazardous waste law known as RCRA.

CCS acquired the plant in 2006 through its purchase of two closely held companies owned by John Emerson Tuma.  Tuma is now serving a five-year prison sentence for illegally discharging untreated and improperly treated wastewater from the plant into the Red River and Shreveport Publicly Owned Treatment Works (POTW).  Inspections by EPA and the Louisiana Department of Environmental Quality following the sale led to the discovery of these violations and others, including unpermitted storage and improper handling of hazardous wastes and sludge, unpermitted stormwater discharges and noncompliance with Clean Air Act requirements for benzene-containing wastes.

After discovering these violations, CCS ceased wastewater treatment operations at the facility.  Under EPA supervision, CCS removed the hazardous wastes illegally stored there.

The $2.5 million civil penalty will be split evenly between the United States and state of Louisiana.

The stipulation of settlement, filed in the U.S. District Court for the Western District of Louisiana, is subject to a 45-day public comment period and approval by the federal court.

FLORIDA COMPANY AND OWNER SENTENCED FOR WETLANDS VIOLATIONS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Florida Man and His Corporation Sentenced for Wetlands Violations in Panama City

WASHINGTON - Brian Raphael D’Isernia, 69, of Panama City Beach, Fla., and Lagoon Landing, LLC, a corporation controlled by D’Isernia, were sentenced today in federal court in the Northern District of Florida for illegal dredging and felony wetlands violations in Panama City. The two defendants were ordered to pay a criminal fine totaling $2.25 million dollars, the largest criminal fine assessed for wetlands-related violations in Florida history. D’Isernia was sentenced to pay a $100,000 criminal fine, while Lagoon Landing, LLC was sentenced to pay a $2.15 million criminal fine, a $1 million community service payment, and a term of three years probation.

D’Isernia pleaded guilty to knowingly violating the Rivers and Harbors Act. D’Isernia was charged with dredging an upland cut ship launching basin in Allanton and the channel connecting it to East Bay between December 2009 and February 2010 without obtaining a permit.

Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act for knowingly discharging a pollutant into waters of the United States without a permit. Between 2005 and 2010, Lagoon Landing, through its agents and employees in conjunction with persons using tractors and other heavy equipment, altered and filled wetland areas of property it controlled in Allanton without obtaining a permit. The wetland areas were adjacent to and had a significant nexus to East Bay.

Lagoon Landing, LLC was also ordered to pay a $1 million community service payment to the National Fish and Wildlife Foundation, a charitable non-profit organization created by Congress. The foundation will use the money to fund projects for the conservation, protection, restoration and management of wetland, marine and coastal resources, with an emphasis on projects benefiting wetlands in and around St. Andrew Bay.

“The defendants adversely impacted wetlands, which play a critical role in maintaining water quality, providing habitat for fish and wildlife, reducing flood damage, and providing recreational opportunities for the public,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assistance. “The sentences show that EPA, in conjunction with its federal and state law enforcement partners, will vigorously investigate and seek prosecution for those who harm these essential natural resources.”

In a separate but related civil settlement, Northwest Florida Holdings, Inc., a Florida holding corporation controlled by D’Isernia, entered into an Administrative Compliance Order with the U.S. Environmental Protection Agency (EPA) that will result in the restoration of approximately 58.63 acres of wetlands and upland buffers. The wetlands will be protected from future development by a conservation easement. The corporation also agreed to study the water quality in and around the Allanton and Nelson Street Shipyards; upgrade stormwater protection for the Allanton Shipyard; withdraw applications to convert the launching basin to a marina and create a Planned Unit Development at the Allanton Shipyard; and hire someone to oversee environmental compliance.

In a second separate but related civil settlement, Northwest Florida Holdings, Inc. entered into a consent order with the Florida Department of Environmental Protection (FDEP) and agreed to conduct stormwater corrective actions and water quality studies at the Allanton Shipyard. The corporation will pay a $9,750 civil fine to the Ecosystem Management and Restoration Trust Fund, and $94,718.25 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.

In a third separate but related civil settlement, Bay Fabrication, Inc., a corporation controlled by D’Isernia, entered into a consent order with FDEP and agreed to conduct stormwater corrective actions and water quality studies at the Nelson Street Shipyard. The corporation will pay a $6,000 civil fine to the Ecosystem Management and Restoration Trust Fund, and $76,923 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.

In a fourth separate but related civil settlement, Peninsula Holdings, LLC, a corporation controlled by D’Isernia, entered into a Consent Order with FDEP and agreed to conduct stormwater improvements at property it owns located at 2500 Nelson Street, Panama City, Florida 32401. The corporation will pay a $1,500 civil fine to the Ecosystem Management and Restoration Trust Fund.

In a fifth separate but related civil settlement, D’Isernia and his wife Miriam D’Isernia, entered into a consent order with FDEP to remove unauthorized fill materials from property located in Panama City Beach, Fla. Brian and Miriam D’Isernia will pay a $250 civil fine to the Ecosystem Management and Restoration Trust Fund.

These cases were investigated by the EPA Criminal Investigation Division and the Coast Guard Investigative Service, in partnership with EPA Region 4, the U.S. Department of Transportation, Office of Inspector General, U.S. Army Corps of Engineers, U.S. Coast Guard Station Panama City, U.S. Department of Agriculture, and FDEP. These cases were prosecuted by the Honorable Randall J. Hensel, Assistant United States Attorney for the Northern District of Florida.

COMPANY WILL PAY $1 MILLION FINE FOR FILLING PROTECTED WETLANDS

FROM: U.S. DEPARTMENT OF JUSTICE

Wednesday, May 15, 2013
Mississippi Corporation Pleads Guilty and Agrees to $ 1 Million Fine for Illegally Filling Protected Wetlands

Mississippi-based Hancock County Land LLC (HCL) pleaded guilty today to the unpermitted filling of wetlands near Bay St. Louis, Miss., and agreed to pay a $1 million fine and take remedial measures for two felony violations of the Clean Water Act, announced Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney for the Southern District of Mississippi Gregory K. Davis. HCL admitted causing the unauthorized excavation and filling of wetlands on a 1,710 acre parcel of undeveloped property in Hancock County, west of the intersection of Route 603 and Interstate 10.

According to the charges filed in federal court in Jackson, Miss., when HCL purchased the property, it had been informed by a wetland expert that as much as 80 percent of its land was federally protected wetland connected by streams and bayous to the Gulf of Mexico and, therefore, that the property could not be developed without a permit from the U.S. Army Corps of Engineers. Such permits typically require that developers protect and preserve other wetlands to compensate for those they are permitted to fill and destroy.

The charges allege that in spite of additional notice of the prohibition against filling and draining wetlands without authorization, HCL, principally through its minority owner /general contractor, hired an excavation contractor to trench, drain and fill large portions of the property to lower the water table and thus to destroy the wetland that would otherwise have been an impediment to commercial development. In pleading guilty, HCL admitted that it knowingly ditched, drained and filled wetlands at multiple locations on the Hancock County property without having obtained a permit from the Army Corps of Engineers as required under the Clean Water Act.

It is a felony under the Clean Water Act for any person knowingly to discharge pollutants into waters of the United States, including wetlands, without a permit. A corporation convicted of this offense is subject to a penalty of not more than $500,000 per count.

HCL agreed and was ordered to pay to the federal government a total penalty of $1 million ($500,000 for each of the two counts). HCL also agreed and was ordered by the court to restore and preserve the damaged wetlands as provided in separate agreements HCL reached with the U.S. Environmental Protection Agency (EPA) and a citizen group, the Gulf Restoration Network. The agreements require HCL to re-grade and then re-plant, with appropriate native vegetation, the wetland area it excavated and filled and donate approximately 272 acres of the southwest quadrant of its property to the Land Trust for the Mississippi Coastal Plain to be preserved in perpetuity. HCL is also required to fund its management and maintenance, to pay $100,000 toward the litigation costs of the Gulf Restoration Network, and to pay a civil penalty to the U.S. Treasury of $95,000.

HCL entered its plea before senior U.S. District Judge Walter J. Gex III.
U.S. Attorney Davis praised the efforts of the EPA’s Office of Criminal Investigation for its diligent work in the investigation of this matter. Senior Trial Attorney Jeremy F. Korzenik of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division, and Assistant U.S. Attorney Gaines Cleveland are the prosecutors in charge of the case.

Real estate developer and HCL minority owner, William R. Miller, was charged in November 2012 with Clean Water Act violations related to the same unauthorized excavation and filling of wetlands near Bay St. Louis. That case is expected to be scheduled for trial over the next few months.

EPA SETTLES WITH NEW CINGULAR WIRELESS REGARDING VIOLATIONS AT AT&T WIRELESS LEGACY SITES

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Settlement with New Cingular Wireless to Resolve Violations at Hundreds of Legacy AT&T Wireless Sites

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and New Cingular Wireless (NCW) have reached an administrative settlement requiring the company to pay a civil penalty of $750,000 and spend $625,000 on environmental projects to resolve alleged reporting, planning and permitting violations at 332 legacy AT&T Wireless (AWS) sites now owned by NCW.

The violations, which occurred at AWS sites in 43 states, such as cellular towers, transmitter sites, switching stations and warehouses, included failure to comply with Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements related to the presence of sulfuric acid and diesel fuel at sites, inadequate or no Clean Water Act (CWA) Spill Prevention, Control, and Countermeasure (SPCC) Plans, and Clean Air Act (CAA) minor source permitting requirements.

The EPCRA requirements help communities plan for emergencies involving hazardous substances, the CWA’s SPCC rule requires facilities to have oil spill prevention, preparedness, and response plans to help prevent oil discharges to navigable waters and adjoining shorelines, and the minor source permitting requirements under the CAA ensure that air emissions limits are met.

Under the settlement, NCW will provide a certification of EPCRA compliance at 1,356 sites and conduct comprehensive compliance audits of CAA and CWA/SPCC requirements at 1,361 and 41 legacy-AWS facilities, respectively. NCW has also agreed to pay stipulated penalties for all disclosed and corrected violations discovered through these audits.

NCW has also agreed to conduct environmental projects, which will provide hazardous materials awareness and health/safety training to building inspectors and fire fighters. The projects will also support the procurement of emergency response equipment such as fire-fighting equipment, gas meters, hazmat identification equipment, satellite phones and other emergency communications equipment. The seven entities, located in four states that will benefit from the projects are: Palm Beach County Fire Rescue and Georges Lake Volunteer Fire Department, Putnam County, Fla., New York City Fire Department, N.Y., Yancey, Texas Volunteer Fire Department, Texas, and San Diego, County California Office of Emergency Services, Bodega Bay, California Fire Protection District, and Los Angeles, California Police Department Calif.

Since 1998, nearly 6,000 telecommunications facilities have been brought into compliance through more than 30 settlements as part of EPA’s effort to improve compliance in the telecommunications sector.

ROQUETTE AMERICA INC., WILL PAY $4.1 MILLION PENALTY TO SETTLE CLEAN WATER ACT VIOLATIONS

FROM: U.S. DEPARTMENT OF JUSTICE

Tuesday, November 13, 2012
Roquette America Inc., to Pay $4.1 Million Penalty to Settle Violations of Clean Water Act at Its Keokuk, Iowa, Facility
Roquette America, Inc., has agreed to pay a $4.1 million civil penalty to settle alleged violations of the Clean Water Act and its National Pollutant Discharge Elimination System (NPDES) permit at its grain processing facility in Keokuk, Iowa, the Department of Justice and the Environmental Protection Agency (EPA) announced today.

As early as 2008, Roquette was aware that its waste water treatment plant was marginally adequate and that it could not handle spills or surges in loading. Instead of constructing additional containment structures for waste water surges, or routing spills to the waste water treatment plant, Roquette allowed the industrial waste to be discharged directly into the Mississippi River and Soap Creek.

"Roquette’s actions resulted in over a thousand permit violations and allowed the discharge of untreated industrial waste into the Mississippi River and another Iowa waterway even after it was informed on numerous occasions it was violating its state permit and federal law," said Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. "This settlement holds Roquette accountable for its multiple violations of the nation’s Clean Water Act and requires sewer improvements, wastewater treatment upgrades, enhanced monitoring and independent compliance audits that will benefit public health and the environment for the people of Iowa for years to come."

"The magnitude of these violations warrants the magnitude of the penalty," said EPA Region 7 Administrator Karl Brooks. "The Mississippi River is a vital waterway, used by millions of Americans for commerce, recreation and drinking water. It is imperative that industrial facilities abide by their discharge permits to protect our valuable water resources."

The Iowa Department of Natural Resources has issued three administrative orders and eight notices of violation to Roquette since 2000. Despite these orders and notices, Roquette continued to overload its waste water treatment plant and failed to address the deficiencies at other portions of its facility, resulting in permit violations and illegal discharges of untreated industrial waste.

The Keokuk facility violated its NPDES permit at least 1,174 times, and on at least 30 occasions illegally discharged via storm drains resulting in at least 250,000 gallons of industrial waste being released into the Mississippi River and Soap Creek. In addition to these permit violations and illegal discharges, Roquette discharged partially treated industrial waste from its waste water treatment plant, and discharged steam condensate into Soap Creek through an unpermitted outfall.

In addition to paying the penalty, Roquette will complete other requirements valued at more than $17 million to further protect the Mississippi River and Soap Creek. Among these requirements are the completion of a sewer survey to identify possible discharge locations, the implementation of sewer modifications, the construction of upgrades to the wastewater treatment plant, and the performance of enhanced effluent monitoring. In addition, Roquette will obtain annual third party audits of its compliance with the operations and maintenance program, the Storm Water Pollution Prevention Program, the company’s NPDES permits, and the compliance requirements set out in the consent decree.

The consent decree is subject to a 30-day public comment period and approval by the federal court

TWO COMPANIES TO PAY $1 MILLION FOR SPILLS IN THREE STATES

U.S. DEPARTMENT OF JUSTICE
Tuesday, May 29, 2012
Mid-America Pipeline Company and Enterprise Products Operating to Pay $1 Million for Spills in Iowa, Kansas and Nebraska

WASHINGTON – Mid-America Pipeline Company LLC (MAPCO), and Enterprise Products Operating LLC, of Houston, have agreed to pay a civil penalty of more than $1 million to the United States to settle violations of the federal Clean Water Act related to three natural gasoline pipeline spills in Iowa, Kansas and Nebraska.

As part of a consent decree lodged today in U.S. District Court in Omaha, Neb., and in addition to paying the $1,042,000 civil penalty, the companies have agreed to undertake various measures aimed at reducing external threats to their pipeline, enhance their reporting of spills, and spend at least $200,000 to identify and prevent external threats to the pipeline involved in the spills.

MAPCO owns and Enterprise operates the 2,769-mile West Red Pipeline, which transports mixed natural gasoline products between Conway, Kan., and Pine Bend, Minn. The settlement resolves Clean Water Act violations related to three spills that occurred along the pipeline:

·      A March 29, 2007, rupture near Yutan, Neb., which caused the discharge of approximately 1,669 barrels of natural gasoline directly into an unnamed ditch and Otoe Creek.
·      An April 23, 2010, rupture near Niles, Kan., which caused the discharge of approximately 1,760 barrels of natural gasoline directly into an unnamed ditch, Cole Creek, Buckeye Creek and the Solomon River.
·      An Aug. 13, 2011, rupture near Onawa, Iowa, which caused the discharge of approximately 818 barrels of natural gasoline directly into the Missouri River.

“Pipeline ruptures and resulting spills can cause significant harm to the environment, so it is essential that pipeline owners and operators abide by federal laws intended to protect our land and waters,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice.  “This agreement will put into place important measures to prevent future spills and identify potential safety threats along MAPCO’s West Red Pipeline.”

“More than 20,000 miles of pipeline, carrying oil and petroleum products, cross the states of Iowa, Kansas, Missouri and Nebraska in EPA’s Region 7,” said Environmental Protection Agency Regional Administrator Karl Brooks. “A frequent cause of pipeline breaks is the action of third parties during farming and excavation. This settlement requires the defendants to honor a schedule of pipeline inspections on the ground and from the air, and reach out to local agencies, contractors and excavators to make sure they are more fully aware of pipeline locations and depths.”

“This settlement requires proactive vigilance to ensure that our soil and waterways are protected from contaminants,” said Deborah R. Gilg, U.S. Attorney for the District of Nebraska.  “The agreement will result in safer pipeline operations and that will be good for Nebraska’s environment.”

In addition to the proactive inspections and outreach efforts, the settlement also requires MAPCO and Enterprise to spend $200,000 to relocate, cover, lower or replace pipeline segments; install new remote shutoff valves; install new physical protections such as fences or concrete barriers; and install other new equipment, structures or systems to prevent spills from reaching navigable waters.

OWNER ARKLA DISPOSAL SERVICES CONVICTED OF VIOLATING CLEAN WATER ACT

The following excerpt is from the U.S. Department of Justice website:
Thursday, March 22, 2012
Louisiana Jury Convicts General Manager/former Owner of Arkla Disposal Services of Violations of Clean Water Act and Obstructing an EPA Investigation Untreated Wastewater Dumped into Red River
WASHINGTON – A federal jury in Shreveport, La., has convicted John Tuma, 54, of Centerville, Texas, of discharging untreated wastewater directly into the Red River without a permit, discharging untreated wastewater into the city of Shreveport sewer system in violation of its permit and obstructing an Environmental Protection Agency (EPA) inspection, announced Assistant Attorney General Ignacia S. Moreno and Western District of Louisiana U.S. Attorney Stephanie A. Finley.

Father and son, John Tuma and Cody Tuma, 28, of Shreveport, were both charged in a five-count indictment with violations of the Clean Water Act, conspiracy and obstruction of justice related to illegal discharges coming from the Arkla Disposal Services Inc., a facility in Shreveport.   The Arkla facility received off-site wastewater from industrial processes and from oilfield exploration and production facilities for treatment at the Arkla facility.

“It was irresponsible, illegal and potentially harmful to the health of city residents and their environment for Mr. Tuma to conspire to dump untreated industrial wastewater into Shreveport’s sewer system,” said Assistant Attorney General Ignacia S. Moreno of the Environment and Natural Resources Division of the Department of Justice.   “This case is an example of how the Clean Water Act protects the health and safety of the American people.”

“This case was about a defendant who had no concern about the effects of discharging untreated wastewater into the Red River or the people that his actions harmed,” said U.S. Attorney Finley.  “The verdict of this jury should send a message that disregarding laws designed to protect citizens will not be taken lightly.   Louisiana is a state with precious natural resources, which our office, along with the Environmental Protection Agency, will continue to protect.”

“The defendant dumped thousands of gallons of untreated wastewater directly into the Red River,” said Ivan Vikin, Special Agent in Charge of EPA’s criminal enforcement program in Louisiana.   “Improperly discharged wastewater can sicken or injure people, fish and wildlife. Today’s guilty verdict shows that those who try to save money by cutting corners will be vigorously prosecuted.”

Cody Tuma pleaded guilty in February 2012 to one count of negligently discharging pollutants into the Red River without a permit.   He faces a maximum penalty of one year in prison or a fine of not more than $100,000, or twice the gross gain or loss resulting from the unlawful conduct, or both.   Sentencing for Cody Tuma has been set for June 20, 2012.

John Tuma will be sentenced July 25, 2012.   He faces a maximum penalty of five years in prison on the conspiracy charge, three years in prison on each of the Clean Water Act violations and five years in prison on the obstruction of justice charge.   He also faces a fine of not more than $250,000, or twice the gross gain or loss resulting from the unlawful conduct, or both, per count.

The case is being investigated by EPA’s Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney C. Mignonne Griffing and Trial Attorney Leslie E. Lehnert of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

SEAFOOD PROCESSOR AGREES TO $2.5 MILLION PENALTY

The following an excerpt from the EPA website:
September 28, 2011

“WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced that Trident Seafoods Corp., one of the world’s largest seafood processors, has agreed to pay a $2.5 million civil penalty and invest millions in seafood processing waste controls to settle alleged violations of the Clean Water Act (CWA). Unauthorized discharges of seafood processing waste lead to large seafood waste piles on the seafloor, creating anoxic, or oxygen-depleted, conditions that result in unsuitable habitats for fish and other living organisms.

“Today’s settlement signals an important change in how seafood processing is managed in Alaska,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Trident’s investment in fishmeal facilities and commitment to improving its waste management practices will help protect our nation’s waters and set the standard for Alaska’s seafood processing industry.”

“This agreement will benefit the quality of Alaskan waters, which host a critical habitat for the seafood industry,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “The upgrades will enable Trident to achieve and maintain compliance with the Clean Water Act, and will protect Alaskan waters, eliminate waste and create efficiencies that will serve as a model of best business practices for the seafood processing industry.”

The agreement requires Trident to invest an estimated $30-40 million, and potentially more, in source control and waste pile remediation measures. The source control measures include building a fishmeal plant in Naknek, Alaska, that will have the capacity to handle at least 30 million pounds of seafood processing waste annually, taking in both its own fish waste and potentially that of other local processors. Trident has also agreed to reduce the amount of seafood processing waste discharged from the Akutan, Cordova, St. Paul and Ketchikan, Alaska, facilities and monitor the amount of seafood processing waste discharged into Starrigavan Bay in Sitka, Alaska. The actions taken will reduce Trident’s fish processing discharges by a total of more than 105 million pounds annually.

The company has also agreed to remediation measures including studying seafloor waste piles at Trident’s facilities in Akutan, Ketchikan and Cordova. Based on the results of these studies, Trident will remove or partially remediate the piles. One seafood processing waste pile in Akutan Harbor is currently estimated to be more than 50 acres in size.

The EPA complaint, also filed as part of this legal action, alleges that Trident had more than 480 CWA violations at 14 of its on-shore and off-shore Alaskan seafood processing facilities. The alleged violations include discharging without a necessary permit, exceeding discharge limits, failing to comply with permit restrictions on discharge locations (including discharges into at least two National Wildlife Refuges), creating oxygen-depleting “zones of deposit” or underwater piles of fish processing waste occupying more than the allowed one acre of seafloor. The company also allegedly failed to conduct required monitoring and implement required best management practices.

Over the past decade, Trident has been a party to multiple administrative enforcement agreements and judicial consent decrees resolving similar violations at many of the same facilities.

The settlement was lodged in federal court in Seattle, Wash. and is subject to a 30-day public comment period.”