Guide Corporation, Water Pollution, IN 2002

Anderson, IN – Guide Corporation was sentenced in 2002 following a devastating discharge of industrial wastewater that led to a massive fish kill in the West Fork of the White River. The incident, occurring in December of 2001, resulted in the deaths of over 5 million fish – totaling more than 125 tons – and significant disruption to the City of Anderson’s wastewater treatment operations.

According to court documents, between December 9th and 20th, Guide Corporation discharged approximately 1.61 million gallons of wastewater into the Anderson Publicly Owned Treatment Works (POTW). This wastewater contained HMP-2000, an industrial treatment chemical, and its associated byproducts. The discharge quickly overwhelmed the POTW’s capacity, leading to an excessive release of ammonia into the West Fork of the White River.

Investigators quickly focused on Guide Corporation as the likely source of the interference. The presence of a degradation product from HMP-2000 in the POTW effluent, coupled with the sudden and widespread fish kill, pointed directly to the company’s operations. Environmental authorities and local residents reported seeing and removing countless dead fish from the river, prompting a large-scale cleanup effort.

On June 18, 2001, the corporation was formally charged with seven misdemeanor counts of negligently violating the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(1)(A). The charges stemmed from the unauthorized and harmful discharge, which demonstrably impacted the aquatic ecosystem and public infrastructure. The company’s negligence in handling and disposing of the chemical waste was deemed a direct cause of the environmental damage.

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Penalties & Resolution

In October of the same year, Guide Corporation entered a guilty plea to all seven misdemeanor counts. The sentencing, handed down on October 17, 2001, included a 60-month probationary period. Furthermore, the company was ordered to pay $275,000 in restitution to the City of Anderson to cover the costs associated with repairing and restoring the POTW. A significant criminal fine of $1.956 million was also levied against the corporation, intended to serve as a deterrent against future violations.

Key Facts

Defendant: Guide Corporation
Location: Anderson, Indiana
Date of Incident: December 9-20, 2001
Substance Discharged: Wastewater containing HMP-2000 and its byproducts
Quantity Discharged: 1.61 million gallons
Fish Kill: Over 5 million fish (125+ tons)
Statute Violated: 33 U.S.C. 1319(c)(1)(A) – Negligent violation of the Clean Water Act
Penalties: 60 months probation, $275,000 restitution, $1.956 million criminal fine

This case highlights the severe consequences of industrial negligence and the importance of adhering to environmental regulations. The substantial fines and restitution underscore the financial burden placed on companies that prioritize profit over responsible environmental stewardship. The incident serves as a stark reminder of the fragility of aquatic ecosystems and the lasting impact of industrial pollution.

Source: EPA ECHO Enforcement Case Database

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