Morning Star’s $1.5M penalty revoked
Williams tomato processor Morning Star is no longer required to pay a $1.5 million penalty after the Central Valley Regional Water Quality Control Board admitted it made a clerical error.
The fine was imposed in 2015 because water board representatives believed Morning Star did not notify them of expansions to the plant’s two processing ponds.
Morning Star maintained the water board was informed of the company’s plan on multiple occasions, but the tomato processor was still issued the fine.
As a result of the penalty, Morning Star filed an appeal and lawsuit against the water board. During this process, the company’s attorneys filed a motion to gain access to water board documents. After peeling through mountains of paperwork, the lawyers found a report detailing a meeting between Morning Star and the water board.
The report contained quotes from a Morning Star employee about the facility pond expansions, proving the water board had been informed of the construction. After examining the same document, the water board voted to cancel the fine; Morning Star then decided to drop the lawsuit.
“It’s the right outcome based on the information and the data, so it makes me feel good that things changed,” said Ross Oliveira, a Morning Star associate.
But while the water board accepted Morning
Star had been forthcoming about the project, their representatives are still concerned about the processor’s permits regarding the ponds. According to the water board’s attorney, the ponds’ dimensions do not match the figures listed on the most recent permit.
“The board’s prosecution team found the discharges at the facility didn’t match up with the permit,” said Patrick Pulupa, senior counsel for the water board. “In the spirit of cooperation, technical staff will host a meeting to make sure the permits they have accurately reflects what’s going on at the facility.”
The water board’s primary concern about the processing ponds is the effect they’ll have on groundwater, according to Pulupa. Although the processing plant’s waste is organic, the water board is concerned about how it will mix with the soil’s chemical compounds.
“The wastewater can mobilize manganese and that can move into ground water,” said Adam Laputz, assistant executive director for the water board. “Higher levels of manganese are not dangerous, but they can give the water an unpleasant taste and smell.”
Morning Star representatives are under the impression their permits are correct, but the processing plant plans to work with the water board to ensure everything is up to standard. New permits may be issued this year, according to the board.