Incident Report

 

Subject:    Ohio firm admits role in fish kill
Date of Email:    Thu 25/03/2004

Report Detail:


If you pollute you will eventually PAY - here 4+ years on from the spill the Guide Corp are paying the price of the spill

An Ohio company pleaded guilty Monday to criminal violations of the Clean Water Act for its part in the 1999 chemical spill that killed nearly 5 million fish in White River.

Crown Environmental Group will pay a $100,000 fine as part of its plea to seven misdemeanour charges, according to a plea agreement filed in U.S. District Court in Indianapolis.

Federal prosecutors say Crown also has agreed to pay a $250,000 civil settlement to the state and federal governments.Crown was the environmental consulting firm for Guide Corp., which manufactures automotive signal lighting at a plant in Anderson.

A toxic-chemical discharge from Guide flowed into the Anderson sewage plant and wound up in White River. The discharge killed fish in a 50-mile stretch from Anderson to Indianapolis. Guide previously pleaded guilty to seven misdemeanour violations of the federal Clean Water Act. In June 2001, the company agreed to pay $14.2 million as part of a settlement with the state and federal government and the city of Anderson.

Anderson paid $250,000 in June 2002 to settle civil claims by the federal government and Indiana Department of Environmental Management that it failed to properly monitor industrial discharge. Prosecutors would not explain why it took more than four years to file the charges against Crown, which faced a maximum $1.4 million fine under federal law.

Crown's punishment is lighter because unlike Guide, it did not gain monetarily from the disaster, the plea agreement states. Company officials could not be reached for comment. More than 700 property owners along the river from Anderson to 16th Street in Indianapolis who said the incident hurt land values received $2 million from Guide Corp. and Crown to settle a separate class action lawsuit. Each resident received about $1,500. The Executive Director of Friends of the White River, who also lives on the river, said he was pleased to learn of the settlement with Crown. "I would be hopeful that we'd look at utilizing those funds . . . directly toward restoration."

Environmentalists say the river has made a good recovery in the past few years, after being stocked with more than 1 million fish. Anglers even report catching smallmouth bass and other game fish, the executive Director of Friends of the White River. "It's still going to take some time," he said. "We're seeing progress not only with natural recovery, but also increased public awareness and, I hope, more sensitivity on the part of potential polluters." A retired DePauw University ecology professor who helped the state decide how to spend some of the original settlement money, said the river's recovery is faster than he thought it would be. "It's on its way back," he said.

Indy Star - March 2, 2004