ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, October 23, 1996 TAG: 9610230059
SECTION: VIRGINIA PAGE: C--1 EDITION: NEW RIVER VALLEY
DATELINE: SMITHFIELD
SOURCE: Associated Press
The Justice Department has notified Smithfield Foods and the state of Virginia that it intends to sue the meatpacker for polluting the Pagan River.
The department, acting on behalf of the Environmental Protection Agency, has given Smithfield two weeks to reach an out-of-court settlement. If it doesn't, the government will file suit on or after Nov. 1, according to a letter sent to the state Attorney General's office.
Anthony F. Troy, an attorney for Smithfield Foods, said the department was seeking $3.5 million from the company.
The threatened suit is unusual because the state already has sued the company for alleged pollution. Federal law prevents the government from suing a suspected polluter if a state already is ``diligently prosecuting'' a case under a comparable state law.
But EPA officials said last month they could still bring their own case depending on the details of Virginia's suit. It was unclear how a separate federal suit would affect the state's case, which seeks nearly $3 million.
Neither the EPA nor the Justice Department would discuss the case until it is filed, spokesmen said.
Aaron Trub, a Smithfield Foods spokesman, said the company was notified of the Justice Department's intentions and ``it's being reviewed by our attorneys.''
The state filed its suit Aug. 30, citing an unspecified number of state pollution-law violations. Some environmentalists claimed that the state had sued in an effort to shield the company from a potentially harsher federal suit, something state officials denied.
Smithfield Foods produces up to 3 million gallons of wastewater a day at its two meatpacking plants in Smithfield.
LENGTH: Short : 42 linesby CNB