Cenac Towing Company, Violating 33 U.S.C. 1319(c)(2)(A), Louisiana 2012

Houma, Louisiana – Cenac Towing Company was sentenced in June 2012 following a guilty plea to violating the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA), revealed significant environmental compliance failures at a barge cleaning facility previously owned by the company. The facility, located in Houma, Louisiana, was sold by Cenac Towing, but subsequent inspections by authorities uncovered critical deficiencies in its wastewater management systems.

According to court documents, the new owner of the facility discovered either a complete lack of, or severely inadequate, sewage treatment systems serving the various buildings on the property. This raised immediate concerns about the potential for untreated wastewater discharge into surrounding waterways. The EPA’s investigation further revealed a pattern of non-compliance, specifically the failure to submit Discharge Monitoring Reports (DMRs) for multiple outfalls over a period of two years – a direct violation of the facility’s National Pollutant Discharge Elimination System (NPDES) permit.

The investigation began following concerns raised about potential water pollution stemming from the site. The lack of proper sewage treatment, coupled with the unreported discharge data, indicated a systemic disregard for environmental regulations. Federal prosecutors alleged Cenac Towing *knowingly* violated the Clean Water Act, highlighting a deliberate failure to maintain and report on wastewater management practices.

On March 22, 2012, Cenac Towing Company was formally charged with one count of violating 33 U.S.C. 1319(c)(2)(A), pertaining to the knowing violation of the Clean Water Act. The company swiftly entered a guilty plea on March 27, 2012, accepting responsibility for the environmental infractions. The plea agreement paved the way for sentencing, which took place on June 28, 2012.

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Penalties and Resolution

Judge sentenced Cenac Towing Company to 36 months of probation. In addition to probation, the company was ordered to pay a substantial financial penalty: a $375,000 federal fine. Further, Cenac Towing was directed to contribute $150,000 to the Louisiana Department of Environmental Quality’s (LDEQ) Environmental Trust Fund, designed to support ecological restoration and conservation projects within the state. The LDEQ Trust Fund payment serves as a community service component of the sentence, aiming to mitigate the environmental impact of the violations.

Key Facts

Defendant: Cenac Towing Company
Location: Houma, Louisiana
Statute Violated: 33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
Charge: Knowingly violating the CWA by failing to properly treat wastewater and submitting required reports.
Plea: Guilty
Sentence: 36 months probation, $375,000 federal fine, $150,000 to LDEQ Environmental Trust Fund

This case serves as a stark reminder of the importance of adhering to environmental regulations and the serious consequences faced by companies that prioritize profit over environmental protection. The EPA continues to actively pursue enforcement actions against those who pollute our nation’s waterways, ensuring accountability and safeguarding public health.

Source: EPA ECHO Enforcement Case Database

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