FOR IMMEDIATE RELEASE ENR MONDAY, DECEMBER 16, 1996 (202) 514-2008 TDD (202) 514-1888 UNITED STATES SUES SMITHFIELD FOODS FOR POLLUTING VIRGINIA WATERWAYS High Levels of Pollutants Found in Tributaries of the Chesapeake WASHINGTON, D.C -- The Department of Justice today sued Smithfield Foods Inc, and two of its subsidiaries, on behalf of the Environmental Protection Agency, for discharging illegal levels of pollutants from their wastewater treatment plants into the Pagan River, in violation of the federal Clean Water Act. The subsidiaries, Smithfield Packing Company, and Gwaltney of Smithfield Ltd, each operate a hog slaughtering and processing facility in Smithfield, Virginia, where the violations allegedly occurred. The treatment plants at these facilities process the waste generated during the hog-slaughtering and meat processing operations the facilities perform. The complaint, filed today in U.S. District Court in Norfolk, Virginia, alleges that the two facilities exceeded legal limits on the discharge of pollutants into the Pagan River that flows into the James River, a tributary of the Chesapeake. "EPA and the Department of Justice will continue to take appropriate legal actions to protect Virginia's waterways and to ensure that polluters don't prosper from their failure to prevent past violations," said Lois J. Schiffer, Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice. "Clean water is every citizen's right, and we will do everything we can to protect that right, for the people of Virginia and for all Americans." "This lawsuit should send a message to other facilities that EPA and the Department of Justice will take firm legal action against violators of the Clean Water Act and other environmental statutes, said W. Michael McCabe, EPA Regional Administrator. "Like all Americans, Virginian's deserve clean water and vigorous enforcement of the Clean Water Act and other environmental laws." The plants' National Pollutant Discharge Elimination System permit sets discharge limits designed to protect the quality of Virginia's waterways. The complaint alleges serious, chronic violations of discharge limits for several pollutants, including fecal coliform, phosphorous, ammonia, cyanide, oil, and grease. Sampling of the Pagan River has revealed excess fecal coliform levels, an indicator of the presence of intestinal wastes from warm blooded animals. Fecal coliform is an organism found in manure that is often associated with bacteria known to cause serious illness in humans. The Pagan River has been closed to shellfish harvesting since 1970 due to the high coliform levels. On August 30, 1996, the Commonwealth of Virginia filed a state court action concerning the water pollution violations at the Smithfield plants. However, EPA and the Department of Justice believe that federal enforcement is needed to ensure appropriate penalties are imposed for past violations, and to prevent possible future violations. On October 22, 1996, Terry L. Rettig, the former operator of the two wastewater treatment facilities, pled guilty to charges that as a Smithfield employee, he knowingly discharged contaminated wastewater into the Pagan River and attempted to cover it up. Today's action seeks civil penalties from Smithfield for these and other violations. Clean Water Act violations are subject to a civil penalty of up to $25,000 per day for each violation. The complaint seeks a penalty for the alleged permit violations, as well as a court order to bring the plants into compliance with the Act. ### 96-594