Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, March 11, 1991 TAG: 9103110119
SECTION: VIRGINIA PAGE: A5 EDITION: METRO
SOURCE: Associated Press
DATELINE: PORTSMOUTH LENGTH: Medium
Two years later, the case remains open, raising questions about the state attorney general's ability to enforce Virginia pollution laws, The Virginian-Pilot and The Ledger-Star of Norfolk reported Sunday.
Murro has paid no state fines, has not applied for permits required by the water board, and continues to be a source of pollution, according to records at the board's regional office.
The water board and environmental groups say the attorney general's office has been unable to keep up with an increasing number of enforcement actions taken against polluters.
In early 1989, state investigators found mounds of hardened fat, oozing grease ponds, and rusted, overflowing drums of animal fat at the company's Portsmouth operation. The company processes restaurant grease, converting animal fats and vegetable oils into products used in lubricants, soap and cosmetics.
Investigators also found pipes and hoses rigged to spew sewage, grease and boiler wastes into ditches draining into Scotts Creek and the eastern branch of the Elizabeth River.
The attorney general's office in November 1990 proposed an out-of-court settlement in which the company would pay a $5,000 fine. The terms of the settlement were nearly identical to those the board rejected in 1989 in favor of seeking prosecution.
The problem, said members of the water board, is a backup of cases in the attorney general's office. The attorney general has more than 25 water-pollution cases awaiting settlement; one case is now six years old.
"When you don't get around to a case for a long, long time, you may be sending the message: It's worth your while to have the case referred to the attorney general," said Velma Smith, a member of the state Water Control Board. "If you're committed to having a credible enforcement program, it has to be a credible threat."
Officials at the attorney general's office in Richmond have not responded to inquiries about their handling of environmental cases. Calls specifically about the Portsmouth company were not returned Friday.
"They have developed a significant backlog of environmental cases of all kinds," said David Bailey, Virginia director of the Environmental Defense Fund, an environmental group.
Though the case against Murro has dragged on, the company says it has cleaned up its 15-acre property as the board requested. The board wanted Murro to repair leaks in waste-water lines and build retaining walls to control spills and overflows of waste.
State investigators claim otherwise.
On Feb. 12, a board investigator, acting on a tip, found greasy, smelly, black water in drainage ditches around the Murro property. A report by Clyde Gantt, an environmental engineer, said there was water in the ditch even though there had not been rain for six days; he noted that a containment area for spilled waste water on the Murro property was empty, which he said was unusual.
While acknowledging Murro had made some improvements to its property, Gantt said in his report: "The facility still has problems and is a threat to state waters."
by CNB