FOR IMMEDIATE RELEASE ENR FRIDAY, AUGUST 8, 1997 (202) 514-2008 TDD (202) 514-1888 SMITHFIELD FOODS FINED $12.6 MILLION, LARGEST CLEAN WATER ACT FINE EVER WASHINGTON, D.C. -- The U.S. District Court in Norfolk today fined Smithfield Foods and two of its subsidiaries $12.6 million for discharging illegal levels of pollutants from their slaughterhouse into the Pagan River, violating the federal Clean Water Act. In imposing the largest civil fine ever in a Clean Water Act case, Judge Rebecca Beech Smith stated in her opinion that Smithfield's violations "had a significant impact on the environment and the public, and thus in total their violations of the effluent limits were extremely serious." The subsidiaries, Smithfield Packing Company and Gwaltney of Smithfield Ltd., each operate a hog slaughtering and processing plant in Smithfield, Virginia where the violations occurred. The treatment plants at these facilities process the waste generated during the hog slaughtering and meat processing operations. Lois Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division, said: "The court's decision today is a victory for Virginians and all Americans who want clean waters. Would-be polluters of our nation's waters are on notice--if you dirty our waters, you will pay the price." Steven A. Herman, EPA Assistant Administrator for Enforcement and Compliance Assurance, said: "This decision sends two clear messages. First, it reinforces EPA's position that those who violate our environmental laws and endanger our nation's precious water resources will be held accountable for their actions. Second, EPA will not hesitate to take an enforcement action to uphold the law and ensure that the public health and environment of all our citizens - regardless of the region of the country or state they live in - will be protected." A may 1997 ruling in favor of the United States found the companies' failure to install adequate pollution control equipment and properly treat wastewater resulted in more than 5,000 violations of permit limits for phosphorous, fecal coliform and other pollutants. These violations, which occurred for more than five years, degraded the Pagan River, the James River and the Chesapeake Bay. Another ruling found Smithfield had falsified documents and destroyed water quality records. The plants' water discharge permits set limits designed to protect the quality of Virginia's waterways. EPA found serious, chronic violations of discharge limits for several pollutants including, phosphorous, ammonia, cyanide, oil, grease, and fecal coliform. Sampling of the Pagan River revealed excess fecal coliform levels, an indicator of the presence of intestinal wastes from warm-blooded animals. Fecal coliform is an organism found in animal and human waste 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 high coliform levels. Because Smithfield delayed installing essential pollution control equipment and continued dumping waste into the river for five years, EPA and the Department of Justice took federal enforcement action to impose appropriate penalties, and prevent future violations. ### 97-331