ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, January 8, 1997 TAG: 9701080048
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
DATELINE: RICHMOND
SOURCE: Associated Press
State environmental officials filed a brief Tuesday with the Virginia Supreme Court that disputes Smithfield Foods Inc.'s claim that spilled hog-slaughter waste did not enter state waters.
An Isle of Wight County judge last month ordered daily inspections of the company's waste-treatment plant after a state inspector discovered unreported overflows.
Smithfield has asked the state's high court to dismiss the order, arguing that the waste did not enter the Pagan River and therefore did not violate the company's pollution permit.
Thomas Hopkins, director of the Department of Environmental Quality and the State Water Control Board, filed a brief with the Supreme Court disagreeing with Smithfield's position.
The state officials said the permit requires Smithfield to report any discharge ``which enters or could be expected to enter state waters.'' They said that while the waste did not enter the Pagan River, it did go into a drainage ditch and could have washed into the river if not cleaned up.
Also, the waste that soaked into the earth could have been expected to contaminate groundwater, which also qualifies as ``state waters,'' the state said.
Smithfield also claimed the permit gives the company 24 hours to report discharges, and the spill was discovered within that time period. The state argued that the company is required to report discharges immediately, but no later than 24 hours after one occurs.
Smithfield attorney Anthony Troy and vice president Aaron Trub said they had not seen the brief and could not comment.
The state and the federal government are suing Smithfield over the company's alleged pollution of the Pagan River with fecal bacteria and other waste.
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