EPA v. JOHN MORRELL & CO/CHIQUITA BRANDS INTERNATIONAL, INC.

Case summary

THIS IS AN EMERGENCY REFERRAL TO THE DEPARTMENT OF JUSTICE TO FILE SUIT UNDER THE CLEAN WATER ACT AGAINST JOHN MORRELL & COMPANY, AND CHIQUITA BRANDS INTERNATIONAL, INC. FOR EFFLUENT VIOLATIONS FROM MORRELL'S WASTEWATER TREATMENT PLANT AT ITS FACILITY IN SIOUX FALLS, SOUTH DAKOTA. REGION VIII'S IMMEDIATE CONCERN IS THAT THE DEPARTMENT OF JUSTICE ENTER INTO A CONSENT DECREE WITH MORRELL FOR INJUNCTIVE RELIEF RESERVING THE AGENCY'S RIGHT TO PURSUE PENALTIES AT A LATER DATE. MORRELL IS UNDER INVESTIGATION FOR CRIMINAL VIOLATIONS. THIS ACTION IS LIMITED TO INJUNCTIVE RELIEF RESERVING THE AGENCY'S RIGHT TO COLLECT PENALTIES UPON CLOSURE OF ANY CRIMINAL PROCEEDING. INJUNCTIVE RELIEF IS IMPERATIVE BECAUSE MORRELL IS NOT PRESENTLY MEETING AND WILL NOT MEET ITS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT LIMITS FOR AMMONIA DURING THE SUMMER MONTHS OF 1993.

Defendants (1)

• JOHN MORRELL & CO/CHIQUITA BRANDS INT'LNamed in complaintNamed in settlement

Facilities (1)

• JOHN MORRELL & COMPANY

  1400 NORTH WEBER AVENUE, SIOUX FALLS, SD, 57103

  Registry ID: 110000427823

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• JOHN MORRELL & COentered 1998-02-11

  Primary law: CWA

  Federal penalty: $250,000

Timeline (7 milestones)

• 1993-04-01Enforcement Action Data Entered
• 1993-06-15Referred To Dept Of Justice
• 1998-02-11Final Order Lodged
• 1998-02-11Final Order Entered
• 1998-02-11Complaint Filed With Court
• 1998-02-11Concluded
• 2000-02-11Enforcement Action Closed