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FISCAL YEAR: 2011
1. PRINCIPAL DEFENDANT: Environmental Compliance Solutions, Inc.
W.D.  Louisiana  6:10-CR-00262
2. DEFENDANT: Sidney J. Hebert
W.D.  Louisiana  6:10-CR-00262
Environmental Compliance Services, Inc. {ECS} owned and operated a centralized waste treatment facility, which was located at the Port of Iberia, specifically New Iberia, Louisiana. The facility was authorized, per a Louisiana Department of Environmental Quality (LDEQ) Louisiana Pollutant Discharge Elimination System (LPDES) permit to receive and treat waste oil and process wastewaters generated from commercial and industrial operations, specifically oil and gas production and to discharge those treated wastewaters into Commercial Canal located in the Port of Iberia.

On June 2, 2009, inspectors from EPA Region 6 and LDEQ conducted an unannounced inspection of the ECS facility. Upon entry into the facility, inspectors noted that the treatment system being used on site was not the treatment system described by ECS in reports submitted to LDEQ and on which LDEQ relied regarding the permitting of ECS. Additionally, inspectors discovered that ECS was bypassing their treatment system and diluting wastewater with well water.

Subsequent to the inspection, EPA-CID and LDEQ-CID investigators received information that Sidney Hebert, ECS co-owner and former Sheriff of Iberia Parish, had directed ECS employees to bypass the treatment process.



August 27, 2010
The defendants were charged with violating the CWA {33 U.S.C. 1319(c)(1)(A) - negligent violation}.

CITATION: 18USC1001
September 22, 2010
Hebert pled guilty to Count 1 - charging a negligent violation of the CWA.

ECS pled guilty to Count 2 - charging a negligent violation of the CWA.


FOR IMMEDIATE RELEASE
WEDNESDAY, SEPTEMBER 22, 2010

ENVIRONMENTAL COMPLIANCE SOLUTIONS, LLC AND OWNER PLEAD GUILTY TO CLEAN WATER ACT VIOLATION

Defendants agree to pay $50,000.00 fine

LAFAYETTE, La. - Sidney J. Hebert, former Iberia Parish Sheriff, and Environmental Compliance Solutions, LLC (ECS) pleaded guilty to the negligent operation of a water treatment facility in violation of the Clean Water Act (CWA), United States Attorney Stephanie A. Finley announced today.

ECS was formed for the purpose of wastewater treatment and discharge pursuant to a permit issued by the State of Louisiana. The permit allowed ECS to operate as a centralized waste treatment facility.

During today’s court proceeding, Hebert, who was the on-site manager at ECS, admitted that he was negligent in the operation procedures at ECS. An inspection of ECS on June 2, 2009, by the Louisiana Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA), revealed that wastewaters were bypassing the filtration system and were ultimately being discharged into the Commercial Canal located in the Port of Iberia. Hebert, who was also part owner, president and the responsible corporate officer of ECS from June 2007 through June 2009, failed to maintain the required documentation, prepare reports and implement plans, and perform proper testing as mandated by the permit.

United States Attorney Finley stated: “Our office will continue to prosecute those who violate the Clean Water Act. Protection of our local waters is a priority, and we, along with our partners at EPA and La. DEQ, are committed to making sure that the laws, which are designed to safeguard the citizens of our communities, are enforced.”

Hebert and ECS have agreed to cease operation of the wastewater treatment facility and will pay a fine in the amount of $50,000.00. Additionally, at sentencing, Sidney J. Hebert faces imprisonment of not more than one year.

This case was investigated by Special Agent Brett Spiers, Criminal Division, United States Environmental Protection Agency and Investigator Maureen Kennedy, Louisiana Department of Environmental Quality.

The case is being prosecuted by Assistant United States Attorney Myers P. Namie.

February 17, 2011
ECS was sentenced to pay a $50,000 federal fine.

Hebert was sentenced to 36 months supervised probation with a special condition requiring him to perform 120 hours of community service and pay a $1,800 federal fine.


Press Release
Western District of Louisiana
FOR IMMEDIATE RELEASE
February 17, 2011

ENVIRONMENTAL COMPLIANCE SOLUTIONS, LLC AND OWNER SENTENCED FOR CLEAN WATER ACT VIOLATION

Environmental Compliance Solutions ordered to pay $50,000.00 fine

Lafayette, La.: Sidney J. Hebert, former Iberia Parish Sheriff, and Environmental Compliance Solutions, LLC (ECS) were sentenced today for the negligent operation of a water treatment facility in violation of the Clean Water Act (CWA), United States Attorney Stephanie A. Finley announced. Hebert, 52, of New Iberia, La., was sentenced to three years probation and 120 hours of community service. Hebert was also ordered to pay a fine in the amount of $1,800.00. Environmental Compliance Solutions was ordered to pay a $50,000.00 fine. The sentence was handed down by U. S. Magistrate Judge C. Michael Hill.

ECS was formed for the purpose of wastewater treatment and discharge pursuant to a permit issued by the State of Louisiana. The permit allowed ECS to operate as a centralized waste treatment facility.

Hebert, who was the on-site manager at ECS, was negligent in the operation procedures at ECS. An inspection of ECS on June 2, 2009, by the Louisiana Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA), revealed that wastewaters were bypassing the filtration system and were ultimately being discharged into the Commercial Canal located in the Port of Iberia. Hebert, who was also part owner, president and the responsible corporate officer of ECS from June 2007 through June 2009, failed to maintain the required documentation, prepare reports and implement plans, and perform proper testing as mandated by the permit. Hebert and ECS have agreed to cease operation of the wastewater treatment facility and have funded remediation of the site.

Department of Environmental Quality (DEQ) Secretary Peggy Hatch stated: "The department takes environmental crimes seriously. It's unfortunate that there are people who try to bypass environmental regulations. DEQ will continue to work closely with its federal, state and local partners to create an atmosphere where people better understand why it's important for everyone to abide by environmental laws."

This case was investigated by Special Agent Brett Spiers, Criminal Division, United States Environmental Protection Agency and Investigator Maureen Kennedy, Louisiana Department of Environmental Quality. The case was prosecuted by Assistant United States Attorney Myers P. Namie.

STATUTE:
  • Clean Water Act (CWA)

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