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FISCAL YEAR: 2010
1. PRINCIPAL DEFENDANT: Kinder Morgan Bulk Terminals
M.D.  Florida  8:10 CR 76 T 30 TGW
Kinder Morgan Port Manatee Terminal LLC ("Kinder Morgan"), a dry bulk material handling and storage facility was sentenced to pay $1 million for violating the Clean Air Act. $250,000 will go to the National Fish and Wildlife Foundation to fund remediation and restoration projects in Manatee County. The court also placed Kinder Morgan on probation for two years, during which it must adhere to a stringent environmental compliance plan. The company had pleaded guilty pursuant to a written plea agreement. Kinder Morgan managers falsely certified that its baghouse air pollutant control systems, which trap, filter and separate the particulate matter in order to minimize its release into the air, was working properly when it was not.



February 12, 2010
Kinder Morgan was charged with two counts of violating the CAA {42 U.S.C. 7413(c)(2)(A) - knowingly makes false statements and 42 U.S.C. 7413(c)(2)(B) - knowingly fails to notify or report}.

They pled guilty to all counts.


Middle District of Florida
FOR IMMEDIATE RELEASE
February 17, 2010

COMPANY AGREES TO PAY $1 MILLION PENALTY FOR ENVIRONMENTAL CRIMES AT PORT MANATEE

Tampa, Florida - United States Attorney A. Brian Albritton announces that Kinder Morgan Port Manatee Terminal LLC (KMPMT), a Delaware company doing business in Manatee County, Florida, has agreed to plead guilty to four separate violations of the Clean Air Act. As part of the plea agreement, KMPMT will pay a $750,000 criminal fine and make a $250,000 community service payment to the National Fish and Wildlife Foundation. In addition, KMPMT has agreed to serve a term of two years of probation and implement an extensive environmental compliance plan.

U.S. Attorney Albrittion stated, “Protecting the quality of the air we breathe must be a priority. Those who pollute the environment must be stopped and must pay for their illegal pollution.”

“There is simply no excuse for this company to break our nation’s environmental laws and hurt the integrity of our regulatory process. Hopefully Kinder Morgan will take the steps necessary to be a responsible corporate citizen and ensure that this prosecution is the last," said Maureen O'Mara, Special-Agent-in-Charge of EPA's Office of Criminal Enforcement in Atlanta. "It is imperative that corporations abide by the same rules of law that all citizens are expected to respect. EPA will continue to vigorously investigate these types of crimes.”

According to the information and plea agreement, KMPMT operates a dry bulk material handling and storage facility at 475 North Dock Street, Port Manatee, Florida. The facility covers six acres of land and includes four warehouses. It receives and ships materials such as granular fertilizer products and cement clinker by railcar, truck, and ship. When these granular materials are loaded and unloaded incorrectly, they generate particulate matter, an air pollutant regulated by the Clean Air Act.

Florida Department of Environmental Protection (FDEP) administers the Clean Air Act in Florida via a state implementation plan and permit system. To obtain a permit from FDEP to operate its facility in accordance with the Clean Air Act, KMPMT was required to operate “baghouse” air pollutant control systems, which trap, filter, and separate particulate matter to minimize its impact on our air. From in or about 2001 through March 2008, however, KMPMT's baghouse systems were in poor condition, and several were not fully operational during the times specified in various permits. In August 2006 and August 2007, KMPMT's local managers and supervisors falsely stated in FDEP permit applications that KMPMT would operate and maintain its air pollution emissions and control equipment in accordance with regulations, when they knew that the baghouses were not being operated and maintained properly. Moreover, from October 2006 through March 2008, KMPMT's local managers and supervisors failed to notify and report to the FDEP that its baghouse air pollution control systems were not in compliance and would continue to be out of compliance.

A parallel enforcement action brought by FDEP resulted in an FDEP order for a civil penalty in the amount of $331,000. Corrective actions under that order include conducting compliance stack testing on the repaired baghouses, repairing the transfer towers and conveyor systems, creating an employee training program, and implementing a management tracking system to ensure future compliance through testing, record keeping and maintenance.

This case was investigated by United States Environmental Protection Agency and the Florida Department of Environmental Protection. It is being prosecuted by Assistant United States Attorney Cherie L. Krigsman.

CITATION: 42 U.S.C. 7413(c)(2)(B), 42 U.S.C. 7413(c)(2)(a)
June 22, 2010
Kinder Morgan was sentenced to 24 months probation and ordered to pay $750,000 in fines.


Middle District of Florida
FOR IMMEDIATE RELEASE
June 22, 2010

KINDER MORGAN PORT MANATEE TERMINAL LLC TO PAY $1 MILLION PENALTY FOR ENVIRONMENTAL CRIMES

Tampa, Florida - U.S. Attorney A. Brian Albritton announces that U.S. District Judge James Moody today sentenced Kinder Morgan Port Manatee Terminal LLC ("Kinder Morgan") to pay $1 million for violating the Clean Air Act. $250,000 will go to the National Fish and Wildlife Foundation to fund remediation and restoration projects in Manatee County. The court also placed Kinder Morgan on probation for two years, during which it must adhere to a stringent environmental compliance plan. The company had pleaded guilty pursuant to a written plea agreement.

According to court documents, Kinder Morgan operates a dry bulk material handling and storage facility at 475 North Dock Street, Port Manatee, Florida. The facility is on six acres of land and includes four warehouses. It receives and ships granular materials such as fertilizer products and cement clinker by railcar, truck and ship. When those granular materials are loaded and unloaded, they generate particulate matter, an air pollutant regulated under the Clean Air Act.

To obtain a permit for the Port Manatee facility from the Florida Department of Environmental Protection ("FDEP") (which is responsible for administering the Clean Air Act in Florida), Kinder Morgan was required to operate at the facility baghouse air pollutant control systems, which trap, filter and separate the particulate matter in order to minimize its release into the air. From in or about 2001 through March 2008, however, Kinder Morgan's baghouses were in poor condition, and several were not fully operational during the times specified in the various permits. In August 2006 and August 2007, Kinder Morgan's local managers and supervisors falsely certified in permit applications that Kinder Morgan would operate and maintain its air pollutant emissions and control equipment in accordance with regulations, when they knew that the baghouses were not being operated and maintained properly. And from October 2006 through March 2008, Kinder Morgan's local managers and supervisors failed to notify and report to the FDEP that its baghouse devices were not in compliance and would continue to be out of compliance.

U.S. Attorney A. Brian Albritton stated: "It is important to hold companies that emit airborne pollutants strictly to the law. We cannot afford to allow harm to our most precious resource, our air."

Maureen O'Mara, Special Agent-in-Charge of EPA's criminal enforcement program in Atlanta, stated, "It is appropriate that, in addition to the fine, the company will be required to establish a compliance plan to ensure that these violations never occur again." A parallel enforcement action brought by the FDEP resulted in an FDEP order for a civil penalty in the amount of $331,000. Kinder Morgan is required to implement numerous corrective actions pursuant to that order.

This case was investigated by the United States Environmental Protection Agency and the Florida Department of Environmental Protection. It was prosecuted by Assistant United States Attorney Cherie L. Krigsman.

STATUTE:
  • Clean Air Act (CAA)

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