FKP, Inc., Pollution, TX 2000

Pasadena, TX – FKP, Inc., a gypsum processing company, was sentenced in December 1999 following a guilty plea to charges stemming from a significant illegal discharge of pollutants into a local waterway. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of negligence leading to the release of millions of gallons of contaminated wastewater from FKP’s Pasadena facility.

According to court documents, FKP operates a large gypsum pile alongside a system designed to manage both leachate and stormwater runoff. For years, the facility also accepted process wastewater from a neighboring chemical company, further burdening its containment system. While FKP held a permit from the Texas Natural Resources Conservation Commission, the permit explicitly prohibited *any* discharge of wastewater or stormwater into the adjacent channel.

The violations came to light in early January 1998, following a period of heavy rainfall. The company’s containment infrastructure failed, initially releasing approximately 64,000 gallons of contaminated water. This initial breach was quickly followed by a much larger discharge later that same month – a staggering 6.6 million gallons of wastewater flowed into the channel. This substantial release prompted an immediate investigation by environmental authorities.

Analysis of the discharged wastewater revealed a toxic cocktail of pollutants, including ammonia, nitrogen, copper, nickel, fluoride, phosphorous, and sulfate. These substances pose a threat to aquatic life and potentially to human health. The EPA’s investigation focused on FKP’s failure to maintain adequate containment measures, despite knowing the risks associated with the combined volume of stormwater, leachate, and accepted process wastewater.

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Legal Ramifications

On May 14, 1999, FKP was formally charged with two counts of violating the Clean Water Act (CWA). Specifically, the company faced charges under 33 U.S.C. 1311(a) for the illegal discharge of a pollutant and 33 U.S.C. 1319(c)(1)(A) for negligent violation of the CWA. FKP ultimately pled guilty to the charge of illegal discharge on August 16, 1999. As part of the sentencing, handed down on December 20, 1999, FKP was ordered to pay $75,000 in restitution to address the environmental damage caused by the discharge.

Key Facts

Defendant: FKP, Inc.
Location: Pasadena, Texas
Year of Offense: 1998
Pollutants Discharged: Ammonia, nitrogen, copper, nickel, fluoride, phosphorous, sulfate
Initial Discharge Volume: 64,000 gallons
Subsequent Discharge Volume: 6.6 million gallons
Statutes Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1)(A)
Penalty: $75,000 restitution

This case serves as a stark reminder of the critical importance of responsible waste management and adherence to environmental regulations. While restitution was ordered, the long-term ecological impact of the discharge remains a concern for local environmental groups. GrimyTimes will continue to follow developments related to environmental crime and corporate accountability.

Source: EPA ECHO Enforcement Case Database

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