News for Release: Friday, Dec. 15, 2006
U.S. Environmental Protection Agency (EPA)
Sinclair Tulsa Refining Company, Two Managers Plead Guilty to
Felony Pollution Charges
$5 Million Criminal Penalty, Plus Half Million Community
Service Payment
Contact: Dave Ryan, (202) 564-4355 / ryan.dave@epa.gov
(Washington, D.C. - Dec. 15, 2006) Sinclair Tulsa Refining Company has pleaded
guilty to two felony counts of deliberately manipulating wastewater discharges
at its Tulsa Refinery in violation of the Clean Water Act (CWA). In addition,
two company managers, Harmon Connell and John Kapura, have each pleaded guilty
to one felony count of violating the CWA by manipulating discharges into waters
of the United States.
The company, a subsidiary of major oil and gasoline producer Sinclair Oil, and
the managers admitted to knowingly manipulating the refinery processes,
wastewater flows, and wastewater discharges to result in unrepresentative
wastewater samplings during mandatory testing required under the CWA. The
manipulated samplings were intended to influence analytical testing results
reported to the Oklahoma Department of Environmental Quality (ODEQ) and the
Environmental Protection Agency (EPA).
"Sinclair had the capability to comply with environmental regulations, but chose
to violate federal law simply to save money. The defendants viewed repeated
violations as nothing more than 'doing business,'" said Granta Y. Nakayama,
EPA's assistant administrator for Enforcement and Compliance Assurance. "The
guilty pleas of Sinclair and its refinery managers send a clear message: neither
EPA, the Department of Justice, nor the Oklahoma attorney general's office will
tolerate environmental misconduct and we will continue to deter such disregard
of pollution laws by vigorously pursuing not only corporations, but also the
culpable individuals throughout the organization."
"Our ability to protect our Nation's rivers from the harmful effects of
pollution depends upon the honesty of facilities that receive discharge permits
under the Clean Water Act," said Sue Ellen Wooldridge, assistant attorney
general for the Justice Department's Environment and Natural Resources Division.
"When companies deliberately manipulate the tests that report the level of
pollutants they discharge into public waters, we will not hesitate to prosecute
them."
"The investigators and agencies who worked on this case are to be commended for
their tireless commitment to Oklahoma's natural resources," said Oklahoma
Attorney General Drew Edmondson. "Water quality has long been a priority in the
attorney general's office, and we will continue the diligent enforcement of our
state's environmental laws."
Under the agreement, Sinclair has agreed to pay a criminal penalty of $5 million
and a community service payment of $500,000 to be paid into an environmental
fund, to be identified at a later date. Connell and Kapura each face a maximum
penalty of three years in prison, up to a term of one year of supervised
release, and a penalty to be determined by the court. Sentencing is scheduled
for April 2, 2007.
According to the criminal information and plea agreement filed in the federal
District Court of the Northern District of Oklahoma, between January 2000 and
March 2004, the Sinclair refinery discharged an average of 1.1 million gallons
of treated wastewater per day into the Arkansas River. Under the CWA, Sinclair
was permitted to discharge treated wastewater into the Arkansas River subject to
certain limitations and conditions, which included scheduled monitoring and
required sampling during weekdays. According to the information, on numerous
occasions in 2002 and 2003, Sinclair directed employees to limit wastewater
discharges with high concentrations of oil and grease to manipulate the result
of required bio-testing. During monitoring periods, Sinclair, by way of its
employees, reduced flow rates of wastewater discharges to the river, and
diverted more heavily contaminated wastewater to holding impoundments, among
other means of ensuring that they had passed the tests.
The case was jointly investigated by the EPA and the Oklahoma attorney general's
office as part of the Oklahoma Environmental Crimes Task Force. It is being
prosecuted by the Justice Department's Environmental Crimes Division.
More information on the Sinclair action on the U.S. Dept. of Justice Web site:
http://www.usdoj.gov/opa/pr/2006/December/06_enrd_832.html
Help EPA protect our nation's land, air and water by reporting violations:
http://www.epa.gov/tips
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