Albuquerque, NM – Cervantes Enterprises, Inc. (CEI), a New Mexico chile processing company, was slapped with federal penalties after admitting to illegally discharging polluted wastewater into waterways connected to the Rio Grande. The case, prosecuted by the Environmental Protection Agency (EPA), highlights the ongoing struggle to protect New Mexico’s vital water resources from industrial runoff.
According to court documents, between October 1994 and October 1996, CEI routinely discharged water used in its chile-mashing process directly into an irrigation drainage ditch. This ditch ultimately feeds into the Rio Grande, a critical water source for communities and ecosystems throughout the Southwest. Laboratory analysis of the wastewater revealed significant contamination, including high concentrations of chile seeds, pulp, and particulate matter.
The EPA’s investigation revealed the discharge contained dangerously elevated levels of Biochemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD). These levels indicated a substantial reduction in dissolved oxygen within the water. Decreased oxygen levels are known to be detrimental to aquatic life, potentially leading to fish kills and disruption of the delicate river ecosystem. Experts say that organic waste like chile solids consume oxygen as they decompose, suffocating fish and other organisms.
On June 8, 1998, a federal grand jury indicted CEI on one count of knowingly violating the Clean Water Act (33 U.S.C. 1319(c)(1)). The indictment alleged the company was aware its actions were in violation of environmental regulations but continued the illegal discharges regardless. After months of legal proceedings, CEI entered a guilty plea on November 30, 1998.
Sentencing and Penalties
Following the guilty plea, U.S. District Court sentenced Cervantes Enterprises, Inc. to 36 months of probation and ordered the company to pay a $100,000 fine to the federal government. Orlando Dino Cervantes, a principal in the company, also received a sentence of 36 months probation, but was not subject to a monetary fine. Legal analysts suggest the lack of a fine for Cervantes may be due to cooperation with the investigation, or possibly limited personal financial resources.
The EPA considers cases like this a high priority, emphasizing the importance of holding polluters accountable for damaging the environment. “Protecting our nation’s waterways is paramount,” stated an EPA spokesperson. “Companies must adhere to environmental regulations to ensure the health of our ecosystems and the communities that depend on them.” This case serves as a stark reminder that even seemingly innocuous industrial processes can have significant environmental consequences if not properly managed.
Key Facts
- Defendant: Cervantes Enterprises, Inc.
- Location: New Mexico
- Years of Violation: 1994-1996
- Statutes Violated: Clean Water Act (33 U.S.C. 1346 & 33 U.S.C. 1319(c)(1))
- Contaminants: Chile seeds, pulp, high BOD/COD levels
- Penalty: 36 months probation for CEI & Cervantes, $100,000 fine for CEI
Source: EPA ECHO Enforcement Case Database
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- Gregory R. Smith, Pollution, DC 2000 · New York
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