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U.S. SUES MEAT PACKING GIANT FOR VIOLATING NUMEROUS ENVIRONMENTAL LAWS IN MIDWEST

Release Date: 01/12/2000
Contact Information:

FOR IMMEDIATE RELEASE ENRD
WEDNESDAY, JANUARY 12, 2000 DOJ (202) 514-2008
TDD (202) 514-1888 EPA: (913) 551-7006

WASHINGTON, D.C. – The Justice Department, on behalf of the U.S. EPA, today filed a lawsuit against IBP, inc., alleging that the meat packer violated numerous environmental laws at its facilities.

The complaint, filed in U.S. District Court in Omaha, Neb., charges that IBP, the world’s largest producer of fresh beef, pork, and related products, violated the Clean Water Act, the Clean Air Act, and hazardous waste management and reporting laws by at its slaughter and tannery operations in Dakota City, Neb. As a result, the company’s six uncovered waste lagoons have emitted largely uncontrolled amounts of hydrogen sulfide into the air. IBP, founded in 1960 as Iowa Beef Packers, also has discharged ammonia into the Missouri River in quantities toxic to aquatic life.

“The public cares about clean air and clean water,” said Lois Schiffer, Assistant Attorney General for Environment and Natural Resources. “Companies that take short cuts in controlling pollution threaten our environment. We will hold them accountable.”

The United States will seek significant civil penalties from IBP. Each statute that IBP allegedly violated authorizes a court to impose civil penalties of up to $25,000 for each day of violation prior to January 31, 1997, and $27,500 for each day thereafter. These fines can be collected for continuous violations for a period of up to five years, although the complaint asserts that IBP has been violating the Clean Air Act and Clean Water Act for far longer.

“We will not allow companies to disregard our environmental laws and put American citizens at risk,” said Steve Herman, EPA Assistant Administrator for Enforcement and Compliance Assurance. “We will take the legal action necessary to protect our most precious resources.”

The United States also is asking the court to order IBP to cover or close its waste lagoons, capture emissions from uncontrolled sources, install additional treatment for its discharges to the Missouri River, and take other steps to protect the environment.

"This case presents of pattern of activity for which the common thread is IBP's avoidance of environmental regulation,” said Thomas J. Monaghan, United States Attorney for the District of Nebraska. “IBP must now be made to come into immediate compliance with all applicable environmental requirements, and should pay appropriate penalties for its past violations.” The Clean Air Act violations asserted in the suit stem from IBP’s failure to install required pollution-control equipment when the company constructed the Dakota City Tannery in 1989, built several covered waste lagoons in 1994, and replaced a number of industrial boilers in 1995. As a result of these projects, the government asserts that IBP illegally emitted an excessive amount of hydrogen sulfide into the air, which has been the subject of complaints from the local community for the past decade. Exposure to low concentrations of hydrogen sulfide – a colorless gas that has a foul, rotten egg smell – can cause headaches, nausea, and eye irritation. In higher concentrations, hydrogen sulfide can cause paralysis of the respiratory system, which results in fainting or even death.

The Clean Air Act prevents air quality degradation in areas such as Nebraska where air quality surpasses national standards. In these areas, “major sources” of air pollutants are required to obtain permits that dictate the use of best available pollution control technology. The government asserts that IBP made major modifications to its facility -- increasing its air emissions -- without applying for or obtaining a permit and without installing the best available pollution control technology.

IBP’s air emissions also violated two hazardous materials laws, according to the complaint. The government asserts that the company failed to comply with emergency reporting requirements for airborne hydrogen sulfide at the Dakota facility under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right to Know Act (EPCRA). These laws require facilities to submit reports to regulators when their releases of hydrogen sulfide exceed 100 pounds per day. The EPA estimates that IBP has been releasing hydrogen sulfide from its Dakota City facility in amounts as high as 1,800 pounds per day. The complaint also charges that IBP failed to file or incorrectly filed Toxic Release Inventory Reports for the Dakota City facility and several other facilities in Iowa, Kansas and Nebraska.

The United States charges that IBP violated the Clean Water Act by exceeding the limits set in its CWA permit for the Dakota City facility. Excessive discharges of ammonia are of particular concern because of their potential to harm aquatic life in the Missouri River. There is substantial evidence of an ongoing and persistent toxicity problem stemming from the ammonia in IBP’s discharges, dating to 1988. In addition, IBP is alleged to have violated several maintenance, monitoring and reporting requirements under the CWA.

The complaint filed today also alleges that the company violated the Resource, Conservation and Recovery Act, which requires companies to properly manage and dispose of hazardous wastes. This claim is related to the disposal of barium, lead and other material associated with “stun guns” used to slaughter livestock.

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