New Iberia, Louisiana – A former Iberia Parish Sheriff and his wastewater treatment company were brought to justice this week following a federal investigation into violations of the Clean Water Act. Environmental Compliance Solutions, Inc. (ECS) and its co-owner, Sidney Hebert, were found to have negligently operated a facility designed to treat industrial wastewater, ultimately bypassing crucial filtration systems and discharging pollutants into the Commercial Canal at the Port of Iberia.
The case, investigated jointly by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) and the Louisiana Department of Environmental Quality (LDEQ-CID), began with an unannounced inspection on June 2, 2009. Inspectors discovered that the treatment system in use was significantly different from the one ECS had described in its permit applications and reports submitted to LDEQ. Further investigation revealed a deliberate scheme to bypass the treatment process altogether, diluting wastewater with well water in an attempt to mask the illegal discharge.
According to court documents, Hebert, who served as on-site manager, president, and responsible corporate officer of ECS from June 2007 through June 2009, directed employees to circumvent the established treatment protocols. This negligence resulted in untreated wastewater entering local waterways, potentially impacting aquatic life and posing risks to public health. The facility was authorized under a Louisiana Pollutant Discharge Elimination System (LPDES) permit to treat waste from oil and gas operations, but the evidence demonstrated a clear disregard for the terms of that permit.
Legal Ramifications & Penalties
On September 22, 2010, both ECS and Hebert pled guilty to a negligent violation of the Clean Water Act, specifically 33 U.S.C. 1319(c)(1)(A). Additionally, the company was found in violation of 18 U.S.C. 1001, related to false statements made to the LDEQ. The sentencing, handed down on February 17, 2011, saw ECS ordered to pay a $50,000 federal fine and permanently cease operation of the wastewater treatment facility. Hebert received a three-year probationary sentence, 120 hours of community service, and a $1,800 federal fine. The company also funded remediation of the impacted site.
A Pattern of Disregard
Federal prosecutors emphasized the seriousness of the offense and the importance of enforcing environmental regulations. “Our office will continue to prosecute those who violate the Clean Water Act,” stated U.S. Attorney Stephanie A. Finley. “Protection of our local waters is a priority, and we, along with our partners at EPA and La. DEQ, are committed to making sure that the laws, which are designed to safeguard the citizens of our communities, are enforced.” LDEQ Secretary Peggy Hatch echoed this sentiment, stating the department “takes environmental crimes seriously” and will continue to collaborate with federal and local agencies to ensure compliance.
Key Facts
- Defendant: Environmental Compliance Solutions, Inc. (ECS) & Sidney Hebert
- Crime: Negligent violation of the Clean Water Act (33 U.S.C. 1319(c)(1)(A)) and False Statements (18 U.S.C. 1001)
- Location: New Iberia, Louisiana
- Date of Inspection: June 2, 2009
- Illegal Activity: Bypassing wastewater treatment systems and diluting wastewater with well water.
- Penalties: ECS – $50,000 fine, facility closure. Hebert – 3 years probation, 120 hours community service, $1,800 fine.
The case serves as a stark reminder of the consequences of environmental negligence and the critical role regulatory oversight plays in protecting vital water resources. The investigation highlights the importance of accurate reporting and adherence to permit requirements for facilities handling potentially harmful industrial waste.
Source: EPA ECHO Enforcement Case Database
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