Federal Court Approves Fine Against New-Indy Plant In SC
U.S. attorney for the district of South Carolina. “We are thankful for the great work of the EPA and our state part- ners and remain committed to protecting our communities through tough enforcement of the nation’s environmental laws.” EPA regional administrator Daniel Blackman said the enforcement action “ensures that protection will be extended long-term.’’ New-Indy has not exceeded health standards for hydrogen sulfide releases since September 2021 because of “EPA’s swift action,’’ he said. Hydrogen sulfide produces rotten egg odor The court’s action resolved allegations that New-Indy’s factory had caused an “imminent and substantial endan- germent’’ to public health and/or the environment through hydrogen sulfide releases, the U.S. Attorney’s office said. The release said New-Indy is still required to comply with operational requirements and to monitor for pollution. Despite resolution of the hydrogen-sulfide issues, the company could face additional federal action. The EPA is continuing to investigate whether the company is obeying other environmental laws. If the agency finds “additional non-compliance’’ with federal environmental laws, the EPA could take more action, federal prosecutors said. DHEC has previously suggested further enforcement action could be taken against New-Indy at the state level. “DHEC has taken significant actions requiring New Indy to address the issues that have impacted the lives of many people who live near the facility,’’ said DHEC director Ed- ward Simmer.
According to multiple media reports, a federal court has approved a $1.1 million fine against New-Indy's Catawba mill in South Carolina that generated nearly 50,000 odor complaints in less than two years. The U.S. District Court’s action finalized the fine and requirements that the New-In- dy improve its operation in York County, south of Char- lotte. Federal officials leveled New-Indy with a $1.1 million fine last December, but needed a court’s approval for it to become final. The court could have increased or de- creased the fine, attorneys said. Critics of New-Indy say the U.S. Environmental Protec- tion Agency fine was too light for a national corporation that should have known how to operate the paper mill without causing substantial odors. The odors, some of which were likened to the smell of rotten eggs, have been described by the plant’s neighbors as worse than the usu- al smells associated with paper mills. The company says it has made progress in resolving the issues. In announcing the court’s decision, the U.S. Attor- ney’s Office in Columbia said the fine and requirements that New-Indy ensure pollution from the plant stay within safety levels were justified. “This is a substantial penalty that represents accountability and corrective justice under Section 303 of the Clean Air Act,” said Adair F. Boroughs,
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December 5, 2022
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