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Crystal Geyser Water Bottler Ordered to Pay $5 Million Criminal Fine for Illegal Storage, Transportation of Arsenic-Laced Waste
justice.gov ^ | August 5, 2020 | U.S. Attorney’s Office Central District of California

Posted on 08/05/2020 5:37:54 PM PDT by ransomnote

    LOS ANGELES – The company that produces “Crystal Geyser Natural Alpine Spring Water” was sentenced today to three years of probation and ordered to pay criminal fines totaling $5 million for illegally storing and transporting hazardous waste created from filtering arsenic out of spring water at its facility in Olancha, California.

          United States District Judge Dolly M. Gee also ordered CG Roxane LLC to implement a compliance program within 90 days to ensure it complies with federal and state environmental laws and implement that program within 180 days of today’s sentencing hearing. The compliance program includes the company’s retention of a qualified and experienced third-party environmental auditor to conduct annual audits of CG Roxane’s Olancha facility.

          The company pleaded guilty on January 9 to one count of unlawful storage of hazardous waste and one count of unlawful transportation of hazardous material. The financial penalty Judge Gee imposed today consisted of a $2.5 million criminal fine for each count.

          CG Roxane obtained water by drawing groundwater from the eastern slope of the Sierra Nevada mountains that contained naturally occurring arsenic. The company used sand filters to reduce the concentration of arsenic so the water would meet federal drinking water standards. To maintain the effectiveness of the sand filters, CG Roxane back-flushed the filters with a sodium hydroxide solution, which generated thousands of gallons of arsenic-contaminated wastewater.

          For approximately 15 years, CG Roxane discharged the arsenic-contaminated wastewater into a manmade pond – known as “the Arsenic Pond” – at its Olancha facility along Highway 395 in Inyo County.

          In March 2013, the Lahontan Regional Water Quality Control Board took a sample from the Arsenic Pond and in 2014 informed CG Roxane that the sample had an arsenic concentration that was more than eight times the hazardous waste limit, creating a risk to the area’s groundwater and wildlife. The water board referred the matter to the California Department of Toxic Substances Control (DTSC), which took its own samples that showed the Arsenic Pond had an arsenic concentration almost five times the federal hazardous waste limit. Subsequent sampling and testing by CG Roxane and its retained laboratory confirmed a similar arsenic concentration in the Arsenic Pond.

          DTSC officials met with CG Roxane representatives in April 2015, presented a list of preliminary violations, and instructed the company to arrange for the removal of the Arsenic Pond.

          In May 2015, CG Roxane hired two Los Angeles-area entities to remove the hazardous waste and transport it – which was done without the proper manifest and without identifying the wastewater as a hazardous material, according to court documents. The arsenic-contaminated wastewater was ultimately transported to a Southern California facility that was not authorized to receive or treat hazardous waste. As a result, more than 23,000 gallons of the wastewater from the Arsenic Pond allegedly was discharged into a sewer without appropriate treatment.

          The two companies hired to transport and treat the wastewater – United Pumping Services, Inc. and United Storm Water, Inc., both located in the City of Industry – each pleaded guilty on June 10 to four counts of negligently causing a violation of a pretreatment program requirement. On July 29, Judge Gee ordered each company to pay a $375,000 criminal fine.

          The investigation in this case focused on alleged violations involving the handling, storage and transportation of CG Roxane’s wastewater, not the safety or quality of CG Roxane’s bottled water.

          The investigation in this matter was conducted by the United States Environmental Protection Agency, Criminal Investigations Division and the United States Department of Transportation’s Office of Inspector General. These federal agencies received assistance from the California Department of Toxic Substances Control.

          This case was prosecuted by Assistant United States Attorneys Dennis Mitchell and Heather C. Gorman of the Environmental and Community Safety Crimes Section.

          The United States Attorney’s Office for the Eastern District of California also assisted in the investigation.

Topic(s): 
Environment
Component(s): 
Contact: 
Ciaran McEvoy Public Information Officer United States Attorney’s Office Central District of California (Los Angeles) (213) 894-4465
Press Release Number: 
20-141


TOPICS: Miscellaneous
KEYWORDS: spammer
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1 posted on 08/05/2020 5:37:54 PM PDT by ransomnote
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To: ransomnote

Passed this facility many times on my way up US-395 from SoCal up to Mammoth and Tahoe. Who knew they were so much arsenic in natural groundwater.


2 posted on 08/05/2020 5:48:45 PM PDT by DAC21
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To: DAC21

Not far south of me.


3 posted on 08/05/2020 5:51:36 PM PDT by Inyo-Mono
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To: ransomnote

All trends pointing to regulations that will be used by Soros as he attempts to gain control over the world’s water sources and with Bill Gates, food distribution. Just a thought.


4 posted on 08/05/2020 5:51:42 PM PDT by LurkedLongEnough
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To: ransomnote

They should go into the gold mining/recovery business. Arsenic is expensive to miners.


5 posted on 08/05/2020 5:54:03 PM PDT by mountainlion (Live well for those that did not make it back.)
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Comment #6 Removed by Moderator

To: ransomnote

Nice. Buy their nice, clean, “pure” water and find out they’ve been storing concentrated arsenic in a pond on the eastern side of the Sierras.


7 posted on 08/05/2020 5:56:51 PM PDT by ProtectOurFreedom
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To: ransomnote

BKMK


8 posted on 08/05/2020 6:28:53 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith....)
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To: ransomnote

They could just dump it onto the dry Owens lakebed.


9 posted on 08/05/2020 6:29:46 PM PDT by HighSierra5
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To: malach
This is total BS. Natural contaminant.

It is a natural contaminant. That's why they remove it from the water before bottling it, but then what do they do with it? Store it in a pond, and between that and their removal/dumping of the wastewater is why they're in trouble.
10 posted on 08/05/2020 8:36:47 PM PDT by Svartalfiar
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To: ransomnote
Crystal Geyser Natural Alpine Spring Water

About the only true word in their brand name is "water". They don't seem savvy enough to squeeze out a small profit in the regulatory nightmare known as California.

11 posted on 08/05/2020 10:24:12 PM PDT by Reeses (A journey of a thousand miles begins with a government pat down.)
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Comment #12 Removed by Moderator

To: malach

True, they should be going after a lot more places. But that doesn’t mean these guys should get a pass. Especially when they took pains to hide what they were doing, after they were cited for needing to dispose of it.


13 posted on 08/07/2020 6:23:08 AM PDT by Svartalfiar
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Comment #14 Removed by Moderator

To: malach
Lots of companies store toxics. You have to look at the rules as to for how long they are permitted to do so, under what circumstances etc. I am not saying Roxane did not skirt the law, although environmental laws are often very gnarly esp in Cacafornia, I am simply pointing out that this is not some kind of nasty polluter company that creates toxic chemicals.

Except they are a company that creates toxic chemicals. They stored their hazardous wastewater in a pond (built for that purpose) that exceeded the allowable concentration for arsenic. So, they were ordered to dispose of the pond. That would have been fine, no issue. Except they hired a transpont company, and didn't declare it as hazardous waste, or create a proper, accurate manifest, resulting in the waste being taken to a non-hazardous waste facility, so it was dumped into the sewer without proper treatment. Doubling down on their initial citation by doing all that is where they made their big mistake.
15 posted on 08/08/2020 5:23:02 PM PDT by Svartalfiar
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Comment #16 Removed by Moderator

To: malach
They are a company that bottles aquifer water. The arsenic came from the water, not from their “manufacture”. They simply withdrew the arsenic by state order/regulation. Where are you getting your information?

It's just basic information in the article. Their company creates hazardous high-arsenic wastewater as a byproduct of their water treatment process. Sure, they aren't manufacturing arsenic as a product, but they do create wastewater that is hazardous, and therefore needs to be properly stored and disposed.

They stored it at, apparently, too high of a concentration, so were given a wrist-slap and told to dispose of it. They then did that extremely improperly, didn't even follow basic hazardous material handling procedures. That's not CA regulations - proper manifests and sending hazardous waste to a treatment facility that is able to handle it are pretty basic Federal requirements. If you transport any kind of hazmat, and one of your placards happens to fall off, that right there is a major issue. What they did is waaay worse than that!
17 posted on 08/09/2020 11:05:29 AM PDT by Svartalfiar
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Comment #18 Removed by Moderator

To: DAC21
Who knew they were so much arsenic in natural groundwater.

Arsenic is a major problem in natural ground water in certain parts of the world. The only bigger problem is salt.

19 posted on 08/09/2020 12:05:49 PM PDT by Harmless Teddy Bear (And lead us not into hysteria, but deliver us from the handwashers. Amen!)
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To: malach
You know, you know the “words” but not the industry.
I will leave it at that.


I'll admit, I don't know much at all about the bottled water industry. But it's the same for any industry that creates or uses hazmat, there are very specific regulations that have to be followed, and they didn't. Is enforcement of those regulations (any regs, really) uneven? Sure, but that doesn't mean they should get off, it means other companies need to be looked at more.

Is there any particular reason you're defending them so much? Your favorite brand?
20 posted on 08/09/2020 6:07:42 PM PDT by Svartalfiar
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