FKP Inc, Water Pollution, Texas 1999

Pasadena, TX – FKP, Inc., a gypsum processing company, was sentenced in December 1999 following a guilty plea to illegally discharging pollutants into a Texas waterway. The case, stemming from incidents in January 1998, highlights the dangers of industrial runoff and the importance of robust containment systems. The Environmental Protection Agency (EPA) brought the charges after an investigation revealed significant failures in FKP’s wastewater management practices.

FKP operates a large gypsum pile in Pasadena, which includes evaporation ponds and a moat designed to manage both leachate from the gypsum and stormwater. Complicating matters, the facility previously accepted process wastewater from a neighboring chemical company, discharged directly to the gypsum pile and ponds until December 1997. Despite holding a permit from the Texas Natural Resources Conservation Commission, FKP was explicitly prohibited from discharging *any* of its wastewater or stormwater into the adjacent channel.

The violations occurred during a period of heavy rainfall in early January 1998. The combination of precipitation and the already saturated containment system proved catastrophic. FKP’s system failed, leading to the initial release of approximately 64,000 gallons of contaminated wastewater into the channel. This discharge was followed later in the month by a far more substantial incident – a release of 6.6 million gallons of wastewater. The released effluent contained a cocktail of pollutants including ammonia, nitrogen, copper, nickel, fluoride, phosphorous and sulfate, raising serious concerns about potential ecological damage and public health risks.

The EPA initiated legal proceedings on May 14, 1999, charging FKP with two counts: one for the illegal discharge of pollutants in violation of the Clean Water Act (33 U.S.C. 1311(a)), and another for negligent violation of the Act (33 U.S.C. 1319(c)(1)(A)). FKP subsequently pled guilty to the charge of illegal discharge on August 16, 1999. Investigators determined that FKP’s failure to maintain a functioning containment system, coupled with the acceptance of external wastewater, constituted a clear breach of environmental regulations.

The sentencing, handed down on December 20, 1999, required FKP to pay $75,000 in restitution. While the financial penalty serves as a measure of accountability, environmental advocates argue that such settlements often fail to adequately address the long-term consequences of water contamination. The incident underscores the need for stricter enforcement of the Clean Water Act and more comprehensive oversight of industrial facilities handling potentially hazardous materials. The case remains a stark reminder of the potential for environmental disaster when industrial practices prioritize cost-cutting over responsible waste management.

Table of Contents

Key Facts

Defendant: FKP, Inc.
Location: Pasadena, Texas
Incident Date: January 1998
Pollutants Discharged: Ammonia, nitrogen, copper, nickel, fluoride, phosphorous, and sulfate
Total Discharge Volume: Approximately 6.664 million gallons
Laws Violated: 33 U.S.C. 1311(a) (Illegal Discharge of Pollutants) & 33 U.S.C. 1319(c)(1)(A) (Negligent Violation of the Clean Water Act)
Penalty: $75,000 restitution

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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