Robert Arundale, Intentional Unlawful Discharge of Pollutants, Missouri 2011

St. Joseph, MO – A St. Joseph soybean oil reclamation company and its former vice president have been penalized for illegally discharging pollutants into the city’s wastewater treatment system, a violation of federal environmental regulations. Oak Mill, Inc., and Robert Arundale, 82, of San Diego, California, were sentenced in June 2011 after pleading guilty to charges stemming from a 2006 incident.

The investigation, spearheaded by the Environmental Protection Agency (EPA) with assistance from the Missouri Department of Natural Resources and the City of St. Joseph, revealed that Oak Mill repeatedly exceeded permitted levels of zinc and nickel in its wastewater discharges. The company, which processes soybean oil using acidic cleaning methods for tanker trucks, is required to adhere to strict pretreatment standards before releasing wastewater into the municipal system. According to court documents, on October 5th and 12th, 2006, wastewater released by Oak Mill contained zinc levels as high as 20.9 mg/l (permitted limit 3.00 mg/l) and nickel levels reaching 2.94 mg/l (permitted limit 0.99 mg/l).

Arundale, serving as vice president at the time, admitted to negligence in failing to address the excessive discharges. While the company initially faced an eight-count indictment in December 2008, the plea agreement saw Oak Mill plead guilty to two counts of intentional unlawful discharge of pollutants and Arundale admitting to one count of negligent unlawful discharge. Prosecutors argued that Oak Mill knowingly violated the provisions of its city-issued wastewater permit, risking damage to the city’s treatment facility and potentially impacting the surrounding environment.

Legal Ramifications

The violations fall under the Clean Water Act (CWA), specifically 33 U.S.C. 1317(d), which addresses the discharge of pollutants into navigable waters without a permit. The CWA aims to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. Oak Mill, Inc. and Robert Arundale were each sentenced to five years of probation. As part of the agreement, they were jointly ordered to pay a $50,000 federal fine, payable over five years in monthly installments of $750, and $4,000 in restitution to the City of St. Joseph to cover costs associated with the illegal discharges.

Industry Watchdog Concerns

This case highlights the ongoing challenges faced by municipal wastewater treatment facilities dealing with industrial pretreatment violations. Experts warn that excessive levels of heavy metals like zinc and nickel can disrupt the biological processes within treatment plants, reducing their efficiency and potentially leading to the release of untreated pollutants into waterways. The EPA’s Criminal Investigation Division continues to prioritize cases involving intentional or negligent violations of environmental laws, aiming to deter similar offenses and protect public health and the environment.

Key Facts

• Defendant: Oak Mill, Inc. and Robert Arundale
• Location: St. Joseph, Missouri
• Crime: Illegal discharge of pollutants (zinc and nickel) into the city’s wastewater treatment system.
• Statute Violated: Clean Water Act (33 U.S.C. 1317(d))
• Penalties: Five years probation for both defendants, $50,000 fine (jointly paid), $4,000 restitution to the City of St. Joseph.
• Dates of Significance: Indictment (Dec 2, 2008), Guilty Plea (Nov 30, 2010), Sentencing (June 3, 2011)

Assistant U.S. Attorney Jane Pansing Brown prosecuted the case, demonstrating the federal government’s commitment to enforcing environmental regulations and holding polluters accountable for their actions.

Source: EPA ECHO Enforcement Case Database

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