Virginia Lawyers Weekly

ROANOKE—A Danish biotechnology company responsible for a kill of nearly 6,700 fish in a Roanoke River tributary pleaded guilty Dec. 18 to a federal charge of discharging hazardous waste.

U.S. District Judge Samuel Wilson ordered Novozymes Biologicals Inc. to pay a $275,000 fine for the violation of the Clean Water Act. Under a plea agreement, the company will be on probation for three years and must spend at least $250,000 on a community service project.

U.S. Attorney Julia Dudley said employees poured obsolete and out-of-date products into a floor drain at the company’s Salem plant that went directly into Masons Creek. The plant manufactures industrial microbiological products used for such things as wastewater treatment, soil remediation, septic and drain line maintenance.

The offenses occurred on several occasions in October 2004 and April 2005. Dudley said the largest discharge - nearly 3,500 gallons - caused foam on Masons Creek in 2005.

State game officials said the discharge killed about 6,670 fish, and prosecutors said three children playing near the creek suffered minor skin rashes and eye irritation.

“It is our duty as law enforcement officials to protect and preserve our natural environment,” Dudley said. “When it’s threatened and harmed, we take action to hold those who harm it responsible for their actions.”

Fred R. Thomson Jr., Novozymes’ attorney, did not immediately return a telephone message seeking comment.

Dudley said the company has proposed construction of a walking trail along the Roanoke River as its community service project.

Novozymes also agreed to implement an environmental management system at the Salem plant, give its employees training on environmental regulations, and have an independent consultant conduct annual inspections.

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