Cooper Marine and Timberlands, Violating 33 U.S.C. 1311(a), Alabama 2015

Mobile, AL – Cooper Marine and Timberlands – ChipCo Export has been sentenced to five years of probation and ordered to pay a $200,000 federal fine after pleading guilty to violating the Clean Water Act. The case, stemming from a 2010 incident at the company’s Chipco Export Terminal in Mobile, Alabama, highlights alleged negligent practices that led to the discharge of pollutants into the Mobile River.

According to court documents, Cooper Marine and Timberlands routinely handles a diverse range of cargo, including wood pellets, coal, and various ores, at its Mobile terminal. During loading and unloading operations, debris inevitably accumulates on the dock. Following rain events, water would pool on the dock surface. Instead of properly managing this runoff, company employees were reportedly instructed to use heavy equipment – specifically a front-end loader – to push the accumulated water, *and any accompanying debris*, directly into the Mobile River.

The Chipco Export Terminal operates under a National Pollutant Discharge Elimination System (NPDES) permit, authorizing discharge from four specific outfall locations with established limits. However, the problematic water accumulation occurred on a section of the dock containing gravel-filled drains *not* designated as permitted outfalls. These drains, intended to filter water beneath the dock, were clogged and ineffective, exacerbating the pooling issue. Crucially, the company’s permit contained no provisions allowing for direct discharge from the dock itself.

On September 28, 2010, a Cooper Marine and Timberlands employee, acting on instructions, utilized a front-end loader to clear water from the dock. In the process, water and debris were negligently pushed off the dock and into the Mobile River, bypassing the permitted outfall system entirely. While described as negligent, the incident triggered a federal investigation and ultimately led to criminal charges.

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Legal Ramifications

Cooper Marine and Timberlands – ChipCo Export was formally charged on August 14, 2015, with violating 33 U.S.C. 1311(a) of the Clean Water Act. This section of the Act prohibits the discharge of pollutants into navigable waters of the United States without a valid permit. The company entered a guilty plea on August 18, 2015, and on August 19, 2015, received a sentence of five years probation and a $200,000 fine. The penalty reflects the seriousness with which federal authorities view violations of environmental regulations and the potential harm to aquatic ecosystems.

Key Facts

Defendant: Cooper Marine and Timberlands – ChipCo Export
Location: Mobile, Alabama
Crime: Violation of the Clean Water Act (33 U.S.C. 1311(a))
Incident Date: September 28, 2010
Charges Filed: August 14, 2015
Plea: Guilty (August 18, 2015)
Sentence: 5 years probation & $200,000 fine
Method of Pollution: Pushing accumulated water & debris from dock into Mobile River

This case serves as a stark reminder to industrial facilities operating near waterways of the importance of adhering to environmental regulations and maintaining proper infrastructure to prevent unauthorized discharges. The incident is likely to prompt increased scrutiny of similar facilities in the region, and could lead to further enforcement actions if non-compliance is detected.

Source: EPA ECHO Enforcement Case Database

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