HOUSTON, TX – Western Towing, a former barge cleaning operation in Houston, Texas, has been penalized for knowingly violating the Clean Water Act (CWA) in 2000. The company admitted to discharging untreated wastewater directly into a local river, a practice that poses significant risks to aquatic life and potentially contaminates drinking water sources.
According to court documents, between May and September 2000, Western Towing utilized river water to pressure wash the interior of barges that had transported a variety of dry goods including steel, grain, gravel, sand, fertilizer, and gypsum. While the company *did* possess a permit allowing wastewater discharge, they flagrantly disregarded the requirement to treat the water *before* releasing it back into the environment. This failure to adhere to permit conditions constitutes a direct violation of federal environmental regulations.
The Environmental Protection Agency (EPA) initiated an investigation that ultimately led to criminal charges being filed against both the company and an individual, Espinosa, identified as a responsible party within Western Towing. Both the company and Espinosa pled guilty to one count each of knowingly violating the Clean Water Act (33 U.S.C. 1319(c)(2)(A)). The deliberate nature of the violation, as acknowledged by the guilty plea, is a key element in the severity of the case.
Sentencing and Penalties
On August 5, 2002, Espinosa was sentenced to twelve months of probation, with no financial fine imposed. However, the corporate entity, Western Towing, faced a more substantial penalty. On September 10, 2002, the company was ordered to pay a $30,000 federal fine. While the financial penalty may seem modest, it serves as a signal from the Department of Justice that environmental crimes, even those committed by corporations, will not be tolerated.
Experts emphasize that untreated barge cleaning wastewater contains a cocktail of pollutants, including residual cargo materials, sediment, and potentially harmful chemicals. Discharging this directly into waterways can deplete oxygen levels, harming fish and other aquatic organisms. It can also render the water unsafe for recreational activities like swimming and fishing, and even pose risks to municipal water supplies.
This case underscores the importance of rigorous environmental compliance, particularly within industries that rely heavily on waterways for transportation and cleaning operations. The EPA continues to actively investigate and prosecute companies that prioritize profit over environmental protection, sending a clear message that responsible stewardship of our natural resources is paramount.
Key Facts
- Defendant: Western Towing
- Location: Houston, Texas
- Year: 2002
- Crime: Violation of the Clean Water Act (33 U.S.C. 1319(c)(2)(A) – knowingly violates)
- Wastewater Source: Untreated wastewater from barge cleaning operations.
- Penalty (Western Towing): $30,000 federal fine
- Penalty (Espinosa): 12 months probation
Source: EPA ECHO Enforcement Case Database
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