Criminal Prosecution Awaiting Killer of Pregnant Dolphin in Mississippi

Someone shot and killed a pregnant bottlenose dolphin in Mississippi -- and there's a big reward for anyone who helps find her killer.

According to the National Oceanic and Atmospheric Administration (NOAA), the pregnant dolphin was found dead on a beach in Waveland, Mississippi, in April of this year. A necropsy revealed that the mother dolphin died of a gunshot wound from a small caliber bullet. Her unborn calf then died as a result of the mother's death.

Dolphins are protected under the federal Marine Mammal Protection Act of 1972. The Act prohibits harassing, harming, killing, and feeding wild dolphins. Violations are punishable by up to $100,000 in fines and one year in prison per violation. It was not clear whether the killing of a pregnant dolphin and her unborn calf would constitute one violation or two.

According to NOAA, several wildlife organizations are offering a combined reward of $11,500 for information leading to the identification and/or prosecution of those responsible. Anyone with information is asked to call either the NOAA Enforcement Hotline at (800) 853-1964 or NOAA's Slidell (Louisiana) Enforcement Field Office at (985) 643-6232. Tips can be left anonymously, but contact information must be provided in order to claim the reward.

NOAA reports that violence against dolphins in the Northern Gulf of Mexico region has been on the rise in recent years. Since 2002, at least 24 dolphins have been found stranded showing evidence of being shot with guns or arrows or being impaled with other objects. Sixty-eight percent of those strandings have occurred since 2010.

NOAA is also asking for the public's help in preventing future harm to dolphins by not feeding or attempting to feed them from boats or the shore. Dolphins who are fed by people learn to associate humans with food and put themselves in dangerous situations when they approach people, boats, and fishing gear looking for food. They can learn to approach fishing gear and teach this behavior to their young. Such behavior has, in some cases, resulted in violence toward dolphins by fishermen frustrated by the loss of their catch.

False Certifications Lead to Criminal Convictions

A pallet recycling company and its former owner were sentenced for criminal violations related to the falsification of certificate stamps in violation of the Plant Protection Act by the U.S. District Court for the Eastern District of New York, according to a Justice Department press release.  American Pallet Recycling LLC (APR) will pay a fine of $100,000, and its former president and owner, Raymond Viola, will pay $1,000 and serve three years of probation, after relinquishing the business to his son.  APR plead guilty to one felony count of falsifying stamps that certified wood pallets were heat treated to prevent pest infestation, and were suitable for use in international transportation.  Viola plead guilty to a similar misdemeanor count.

Heat treatment is required in order to prevent parasites and plant diseases from entering the United States in wood packaging materials.  Wood pallets that carry products transported within the United States are not required to be heat treated.  From March 2007 through January 2011, Viola created copies of stamp certifications used by legitimate wood pallet treating companies, which he and his employees applied to pallets APR sold.  Those pallets were then used to carry products from the United States to foreign countries in violation of the Plant Protection Act.  The charges against APR and Viola involved the fraudulent stamp certification of hundreds of untreated wood pallets that were sold to other companies for use in product export.

Prison Sentence for Asbestos Violations

We've warned about improper asbestos handling and removal before.  Here's another example of why.

A man convicted last year of illegally removing, handling and disposing of asbestos at a Kankakee, Illinois building has been sentenced to ten years in federal prison.  According to an EPA press release, Duane "Butch" O'Malley was also ordered to pay more than $47,000 to the EPA related to the cleanup, plus a $15,000 fine.

Prosecutors said employees of O'Malley's company, Origin Fire Protection, removed asbestos from insulation, loaded it in unmarked bags and dumped the bags in an open field.

Pennsylvania Coke Manufacturer Settles with EPA

Shenango Inc., a Pennsylvania coke manufacturer, has settled alleged air and water pollution violations with EPA, state and local environmental agencies.  The consent decree requires the company to pay $1.75 million in civil penalties and to make significant upgrades to the plant, which is located approximately five miles north of downtown Pittsburgh.

According to EPA, the facility had a history of non-compliance with federal, state and county environmental and public health regulations.  Federal consent orders entered into with previous owners in 1980, 1993 and 2000 required the facility to come into compliance, but violations continued.  DTE Energy Services purchased the facility in 2008.  Gary Gross, DTE vice president, said "When we acquired the facility, we were well aware of its history. We would not have proceeded with the purchase unless we had confidence that we could dramatically improve performance and establish Shenango as a good neighbor and a valuable asset to the community."  In the first seven months of 2011, Shenango had 114 air quality violations and paid a $114,000 fine to the health department

As part of the settlement, the company must take actions to reduce visible particular emissions to meet Clean Air Act standards by making repairs to the plant's coke ovens.  The company also has to bring the plant into compliance with the Clean Water Act by building a new wastewater treatment plant, upgrading its current treatment processes, and constructing a coal pile runoff management system.

The civil penalties include $1.25 million to be divided equally between the United States and Allegheny County for the facility's Clean Air Act violations, as well as $500,000 in Clean Water Act penalties to be divided between the United States and Pennsylvania.  As with all environmental consent decrees, it is subject to federal court approval following a 30-day public comment period.

The Shenango coke facility opened in 1962, employs about 150 workers and operates one coke oven battery with 56 ovens that produce approximately 380,000 tons of metallurgical coke a year.

Read more at the Pittsburgh Post-Gazette here.

Shenango coke plant, Neville Island, PA.

$1M in Fines for Clean Water Act violations in Iowa, Kansas and Nebraska

Mid-America Pipeline Company LLC (MAPCO) and Enterprise Products Operating LLC of Houston have agreed today to pay a civil penalty of more than $1 million to the U.S. to settle violations of the federal Clean Water Act related to three natural gas pipeline spills in Iowa, Kansas and Nebraska.  As part of a consent decree, in addition to paying the $1,042,000 civil penalty, the companies have also 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.  The companies will have 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.

Three spills had occurred along MAPCO's West Red Pipeline (operated by Enterprise).  In March 2007, a rupture near Yutan, Nebraska, caused the discharge of approximately 1,669 barrels of natural gasoline directly into an unnamed ditch and Otoe Creek.  In April 2010, a rupture near Niles, Kansas, caused the discharge of approximately 1,760 barrels of natural gas directly into an unnamed ditch, Cole Creek, Buckeye Creek and the Solomon River. And in August 2011, a rupture near Onawa, Iowa, caused the discharge of approximately 818 barrels of natural gas directly into the Missouri River.

BP Agrees to Add $400M+ in Pollution Controls at Indiana Refinery Plus $8M Penalty

DOJ and EPA announced today that BP North America Inc. has agreed to pay an $8 million penalty and invest more than $400 million in state-of-the-art pollution controls and cutting emissions from its petroleum refinery in Whiting, Indiana.  The settlement is in response to a complaint that alleges violations of the Clean Air Act related to construction and expansion of the refinery, as well as violations of a 2001 consent decree with the company that covered all of BP's refineries and was entered into as part of EPA's Petroleum Refinery Initiative.  The agreement imposes some of the lowest emission limits in refinery settlements to date, enhancing controls on wastewater containing benzene, and providing for an enhanced leak detection and repair system.

Negotiations included several environmental groups, including Save the Dunes, the Hoosier Chapter of the Sierra Club, the Hoosier Environmental Council, the Natural Resources Defense Council, and the Environmental Law and Policy Center, as well as state and federal environmental enforcement agencies.

The Whiting Refinery has a refining capacity of approximately 405,000 barrels per day, and is the 6th largest refinery in the United States.

NC Hog Farm and President Sentenced to Pay $1.5M for Clean Water Act Violations

The U.S. Department of Justice announced that Freedman Farms was sentenced today in federal court to five years probation and ordered to pay $1.5 million in fines, restitution and community service payments for violating the Clean Water Act when they discharged hog waste into a stream that leads to the Waccamaw River.

The company's president was sentenced to six months in prison to be followed by six months of home confinement for his role in the violations.

According to evidence presented at trial, Freedman Farms discharged hog waste into a tributary of the Waccamaw River that flows through the White Marsh, a wetlands complex.  The farm had approximately 4,800 hogs.  The hog waste was supposed to be directed to two lagoons for treatment and disposal.  Instead, in December 2007, hog waste was discharged from the farm directly into the tributary.

We've been involved in CAFO cases, Clean Water Act cases, and potential criminal cases like this one many times.  Intentional discharges are no laughing matter, and can lead to jail time.

Iowa Building Owner Guilty of Improper Asbestos Removal

The owner of a building in Des Moines, Iowa, pleaded guilty in federal court today to conspiracy to violate the Clean Air Act and violating the Act's provisions relating to asbestos removal. The Act requires building owners to follow certain work practice standards to ensure that any asbestos in their buildings is removed safely. Required safety measures include notifying the appropriate regulatory agency before commencing removal activities, wetting the asbestos during the removal and before disposal, and properly disposing of the asbestos at an EPA-approved disposal site.

In the plea agreement, Bob Knapp admitted to overseeing the renovation project from 2006 through February 2008, which involved converting several floor of the building into luxury residential condominium units and renovating other floors to attract additional commercial tenants. He also admitted that he conspired with another defendant to remove asbestos-containing materials ("ACMs") from the building without complying with the Act's requirements. While Knapp was overseeing the project, ACMs were removed and disposed of in an uncovered dumpster.

Knapp will be sentenced to between 33 and 41 months in prison and may be required to pay a fine of up to $250,000. A sentencing date has not yet been set.

Discharges of Sediment from Construction Site in Virginia Lead to Penalties

We routinely deal with situations where development projects result in discharges of sediment onto surrounding properties and into nearby water bodies. U.S. EPA recently settled a similar case in Lynchburg, Virginia.

Last month, five defendants involved in the construction of a housing development agreed to pay a $300,000 penalty and fund more than $1 million in stream and wetlands restoration projects for alleged violations of the federal Clean Water Act. The settlement agreement resolved allegations that the defendants discharged and/or controlled and directed the discharge of pollutants including dredged or fill material, sediment, and other pollutants carried by stormwater into waters of the United States during the construction of a housing development without the required permits, and then in violation of their NPDES stormwater permit after one was obtained.

The current owner of the property, which was not a defendant in the enforcement action, agreed to implement approximately $250,000 in on-site restoration work, which will be funded by the defendants. The defendants will also pay approximately $825,000 to purchase credits to fund stream and wetland restoration projects in the region.

The alleged Clean Water Act violations at the site occurred from July 2001 through January 2003 when the defendants cleared and graded the site, installed roads and utilities, and completed or partially built several housing units. In the process, the defendants allegedly destroyed approximately 3,765 feet of stream, along with wetlands at the headwaters of tributaries to the Roanoke and James Rivers. Silt and sediment from the construction activities were also discharged into streams on and off the site and flowed downstream to Pine Lake and beyond. U.S. EPA claimed that these waters are important for flood control, nutrient and sediment retention, filtration, water quality improvement and maintenance of healthy aquatic ecological communities for other water bodies down stream. As the result of defendants’ actions, EPA said, water now flows downstream faster and at a higher temperature, killing or stressing aquatic animals and plants.

The site restoration plan requires restoration of one stream, restoration and enhancement of four ponds, installation of plantings, and eradication of invasive species in certain areas. The settlement agreement also prohibits future disturbances of the restoration project area.

Conviction for Discharging Bleach into Sewer System

Many people don't realize that discharges of certain chemicals into public sewer systems violates the federal Clean Water Act. Our firm represents a number of wastewater treatment plants here in Alabama, so we see firsthand the effects of illegal discharges into sewer systems.

Last month, KIK (Virginia) LLC pleaded guilty in federal court in Virginia and agreed to pay a $75,000 criminal fine plus $25,000 in community service payments for negligent discharges of bleach to the local sanitary sewer system, which is a misdemeanor violation of the federal Clean Water Act. In addition to the criminal fine and community service payment, KIK has agreed to serve one year of probation, during which it will continue to develop and implement an environmental management system that it began developing during the investigation. It also will complete an environmental audit conducted by an independent auditor.

KIK operated a facility that manufactured bleach and other household products. In September 2003, local authorities discovered elevated concentrations of bleach in the sanitary sewer lines servicing the facility. An investigation revealed that, at that time and for a number of years before, under previous owners, employees at the plant washed bleach that had been spilled in the production and bottling process and off-specification bleach into the plant’s floor drains. The floor drains channeled the bleach into the plant’s drainage system, which lead to the city's sanitary sewer system. The plant did not have a permit to discharge bleach to the sewer system and did not monitor its discharges.

The Clean Water Act prohibits discharges into a sewer system of any pollutants that the discharger knows (or should know) could cause property damage. Bleach is a corrosive chemical that, in sufficient concentration, may damage metal and other materials used in the sewer system and is considered a pollutant under the Clean Water Act. Other substances which could cause problems if dumped into the local sewer system include oil and grease, ammonia, pesticides, cleaning products, and medications, to name just a few.