FOR IMMEDIATE RELEASE                                         ENR
TUESDAY, SEPTEMBER 24, 1996                        (202) 616-2771
                                               TDD (202) 514-1888
FORMER SMITHFIELD FOODS OFFICIAL INDICTED FOR CLEAN WATER ACT VIOLATIONS

A federal grand jury in Norfolk today indicted the former operator of wastewater treatment facilities at two Smithfield, Virginia meat-processing plants for knowingly discharging wastewater contaminated with fecal coliform into the Pagan River and attempting to cover it up, the Department of Justice announced.

Fecal coliform is an organism found in manure that is often associated with bacteria known to cause serious illness in humans.

The 23 count indictment charged that Terry L. Rettig violated the Clean Water Act by knowingly discharging the contaminated wastewater into the Pagan River that flows into the James River and ultimately the Chesapeake Bay. The facilities each are owned by Smithfield Packing Company and Gwaltney of Smithfield Ltd, both subsidiaries of Smithfield Foods Inc. These plants process waste generated during hog-slaughtering and meat processing operations.

Rettig was also charged with falsifying wastewater quality reports submitted to the Virginia Department of Environmental Quality, and with discarding and destroying records required to be maintained at the plants. Federal law requires that the plants monitor the quality of the wastewater they discharge into the river and to insure they comply with their Clean Water Act permits that govern the amount of waste they can legally discharge.

The indictment also charged the 45 year-old Virginia Beach resident with violations at A-T.R. Systems Management, a company owned by Rettig that operated small sewage treatment plants on a contract basis. At A-T.R., Rettig allegedly failed to perform required monitoring, sampling, and analysis of wastewater discharged from treatment plants owned by the Town of Surry, the Twin Ponds Mobile Home Park, and the Bowers Hill Econo Travel. Rettig allegedly caused the Twin Ponds and Bowers Hill plants to discharge wastewater in violation of federal permit limits and submitted false reports to state environmental officials.

"We cannot protect our water resources unless those responsible for complying with the Clean Water Act perform their duties with complete integrity," said Helen F. Fahey, United States Attorney for the Eastern District of Virginia. "When a licensed operator knowingly breaches the public trust, we must take strong enforcement measures to ensure future compliance."

"Protecting the environment is vital to public health and safety and we will not tolerate those who threaten it," said Lois J. Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division. "Those who knowingly pollute will be prosecuted."

The maximum penalty for each count of knowingly discharging pollutants in violation of the federal Clean Water Act, or for knowingly violating the terms of a Clean Water Act permit, is three years imprisonment and a fine of $250,000. The maximum penalty for each count of making a false statement in records filed or required to be maintained under the Clean Water Act is two years imprisonment and a fine of $250,000. If convicted on all 23 counts charged in the indictment, Rettig faces a maximum penalty of 54 years in prison and a maximum fine of $5.75 million.

This case was investigated by the Environmental Protection Agency Criminal Investigations Division and the Federal Bureau of Investigation, with assistance from the Virginia Department of Environmental Quality.
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