Middlesboro, Ky.-The Smithfield meat packing plant here has agreed to a substantial but yet-to-be-disclosed fine for an anhydrous ammonia spill last September that reached two streams and wiped out a large part of the local fish population, according to Kentucky enforcement officials. Division of Enforcement Assistant Director Jeff Cummins told Green Markets that an agreement in principle was reached during a meeting Dec. 10 with Smithfield. “Although the agreement included a civil penalty offer, the settlement is not final until the cabinet secretary signs an agreed order with Smithfield that is being drafted,” Cummins reported. He did say that although the company could be fined $25,000 per violation per day and the cleanup took more than one day, that Smithfield would be assessed for only the day involving six violations, which by some calculations could amount to $150,000. There was no comment from Smithfield officials. According to the notice of violation, the company was cited for allowing a point source discharge of anhydrous ammonia into waters of the commonwealth without a state permit; failing to report the spill to the state by the most rapid means available; not reporting the release to the Department of Environmental Protection through the emergency response notification system; degrading waters of the commonwealth by allowing a release of anhydrous ammonia from the facility that resulted in the fish kill; allowing the release of pollutants that violate state regulations by entering waters of the commonwealth; and allowing a release that resulted in an environmental emergency requiring cabinet response.
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