Brennco Inc, Violating Pollution to Waters of the State, Ohio 2014

Lima, OH – Brennco, Inc., a hog farming operation in Ohio, was penalized following a massive manure spill that resulted in the deaths of thousands of fish and other wildlife in 2011. The incident, which impacted a tributary of the Auglaize River, led to a criminal complaint and ultimately a guilty verdict with financial repercussions for the company.

On November 12, 2011, authorities responded to reports of a significant discharge of manure originating from Brennco’s property. Investigations revealed that between 55,000 and 70,000 gallons of liquid manure, generated from the company’s hog barn, had entered the waterway. The multi-day release created a severe pollution event, drastically reducing oxygen levels and contaminating the water supply.

The Ohio Department of Natural Resources conducted a thorough assessment of the environmental damage. Their findings were grim: a total of 8,625 dead fish and other wildlife were documented as a direct result of the manure discharge. The incident sparked outrage from local environmental groups and prompted a formal criminal investigation.

Criminal Charges and Legal Proceedings

On June 10, 2013, the Ohio EPA filed a criminal complaint in Lima Municipal Court, charging Brennco, Inc. with a single misdemeanor count of violating Ohio Revised Code 6111.04, specifically regarding Pollution to Waters of the State (Section (A)(1)). The charge alleged negligent mismanagement of animal waste leading to a prohibited discharge into state waters.

Penalties and Restitution

After a period of legal proceedings, on May 6, 2014, Brennco, Inc. was ordered to pay a total of $12,200 in fines and restitution. This included a $7,500 fine for the violation of state water regulations and $4,700 in restitution intended to cover the costs associated with the environmental damage and cleanup efforts. While a misdemeanor, the penalty reflects the severity of the environmental impact and the deliberate nature of the pollution event.

Industry Concerns and Future Prevention

This case highlights the ongoing challenges associated with agricultural runoff and the importance of responsible manure management practices. Experts suggest stricter regulations and increased oversight are needed to prevent similar incidents from occurring in the future. The Ohio EPA continues to monitor agricultural operations throughout the state to ensure compliance with environmental regulations and protect vital water resources.

Key Facts

• Defendant: Brennco, Inc.
• Location: Ohio
• Date of Incident: November 12, 2011
• Statute Violated: Ohio Revised Code 6111.04(A)(1) – Pollution to Waters of the State
• Manure Released: Between 55,000 and 70,000 gallons
• Wildlife Impacted: 8,625 dead fish and wildlife
• Penalties: $7,500 fine + $4,700 restitution

Source: EPA ECHO Enforcement Case Database

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