Thursday, September 17, 2020

Brandon Sued Gold Coast for (Allegedly) Dumping Highly Acidic Wastewater into Sewer System

The city of Brandon sued Gold Coast Commodities and its officers for illegally dumping highly acidic wastewater into its sewer system.  The lawsuit was filed in Rankin County Circuit Court on July 10, 2018.   The company is the subject of a federal criminal investigation and several MDEQ cease and desist orders. 


Gold Coast Commodities processes used cooking oil and soapstock into animal feed and other products such as biodesel.  Sulfuric acid is added to the oil and soapstock.  The waste from the process is mixed with a caustic agent (usually NaOH).  The waste must be kept at high temperatures or else it can't  flow. The wastewater has one other dangerous feature: it is highly acidic with a pH that can be lower than 2.  Thus it is very important that the wastewater is disposed properly.

Brandon claimed Gold Coast dumped the wastewater into its sewer system for years until 2014.  The complaint states:

 In or around that year (2014), Gold Coast entered an agreement with the City of Pelahatchie, under which Gold Coast paid a quarterly fee and additional costs for the right to transport its wastewater to Pelahatchie's sewage treatment facility (the "Pelahatchie POTW") on a once- or twice-weekly basis.

10. However, in the first ten (10) months of 2016, Gold Coast transported wastewater to the Pelahatchie POTW only two times. Instead, despite that it knew or should have known it was not safe to discharge its wastewater into the City's sewer system, Gold Coast continued to illegally discharge its wastewater into the City sewer system.
Brandon submitted a complaint to MDEQ.  MDEQ investigated.  Gold Coast officers and employees provided little information and did their best Sergeant Shultz imitations as they claimed they had not clue how the acidic wastewater got into the Brandon sewer system.  Gold Coast suddenly began using the Pelahatchie site.  Brandon stated:

12. After MDEQ investigators first visited Gold Coast, truckloads of Gold Coast wastewater suddenly began regularly arriving for disposal in Pelahatchie on or about October 10, 2016. MDEQ investigators observed Gold Coast wastewater being disposed of in Pelahatchie and reported that the wastewater was dark brown in color, smelled of used oil, and was steaming and foaming as it was poured from the truck.
MDEQ continued to investigate.  Gold Coast did not keep records of the Pelahatchie discharges even though the contract with the town required it to do so.  Brandon conducted its own investigation and made some rather disturbing findings:

14. At the same time, the City commenced its own investigation, which revealed Gold Coast was indeed clearly dumping significant amounts of high-temperature, corrosive, low-pH wastewater into the City's sewer system. Specifically, the investigation revealed high levels of arsenic, barium, cadmium, chromium, lead, mercury, sodium, and sulfate, both at the Gold Coast point of discharge and in downstream sewer pipes. Waypoint Analytical Report Excerpt. attached hereto as Exhibit "B." Samples of wastewater taken from upstream parts of the sewer system showed pH levels between 3.89 and 6.79 and temperatures between 80.1 and 82.4 degrees Fahrenheit. Samples taken at the Gold Coast discharge point and downstream therefrom showed pH levels between 1.43 and 1.62 (i.e., extremely acidic) and temperatures between 114.6 and 125.8 degrees Fahrenheit
 Brandon installed a monitor at the company's discharge point.  The city claims the illegal discharge of the acid causes severe damage to city pipes south of the Gold Coast facility.  The investigation triggered another investigation by the Justice Department and EPA.  

 Monitored in Brandon, scrutinized in Pelahatchie, the company took another route - to Jackson.

Gold Coast began shipping its wastewater to Rebel High Velocity Sewer Services in Jackson.  Rebel in turn dumped millions of gallons of the acidic wastewater into the Jackson sewer system in 2016 and 2017 without a permit. 

MDEQ issued a cease and desist order against Rebel in 2017 after it discovered the illegal dumping in Jackson.  The Justice Department filed a Bill of Information against the owner of Rebel last month. The Bill of Information charged him with conspiracy and illegal discharge of industrial waste.

The Brandon lawsuit charges Gold Coast with negligence per se, liability pursuant to ordinance, gross negligence, and corporate officer liability.

Gold Coast and the Douglas's filed answers that denied everything and claimed the remedies sought were either excessive or unconstitutional.  

Attorney Keith Turner of Watkins & Eager represents Brandon.  Benjamin Bryant, Esq. of Balch & Bingham represents Gold Coast.  The case is assigned to Circuit Judge Steve Ratcliff, III.  The parties are still skirmishing over discovery.

The defendants tried to use discovery as a fishing expedition into the federal investigation but the Justice Department intervened. Justice said in its motion to intervene that Gold Coast and Douglas's are "implicated in an ongoing criminal investigation."   The parties reached an agreement and the motion was withdrawn. 

Kingfish note:  Just curious.  Since MDEQ busted these companies for dumping millions of gallons of this crap into the Jackson sewer system, the feds nailed one defendant with a Bill of Information, and Brandon is suing these guys for the same thing, how come Jackson didn't sue anyone?  One would think with MDEQ orders on their side, Jackson might have actually taken some  action. 

Posted below: Complaint, Gold Coast Answer, DOJ Motion to Intervne





16 comments:

Anonymous said...

I think I'd feel more comfortable messing with the IRS than I would with MDEQ / EPA.

Anonymous said...

Keith Turner doesn't play around. Good luck to the defendants.

Re: KF note said...

Because the usual palms at Jacktown City Hall were sufficiently greased?

Anonymous said...

What a nasty situation.

Anonymous said...

Nice amphitheater though.....

Anonymous said...

When we rid ourselves of the merciless avalanche of wasteful, expensive, and intrusive federal regulation that are nothing but oppressive mandates and burdensome stealth taxes that are killing good businesses when we already have
the cleanest water, we will also end the money-grubbing nut job coastal elite attorneys from ruining our America.

Anonymous said...

4:07 That all sounds good, but...........

Anonymous said...

Legally binding social contracts backed by non-aggression pacts with privately owned tactical nuclear weapons are the answer to all of our problems. Research Anarcho-Capitalism.

An armed society is a polite society.

I am an An-Cap and I approve this message.

Pappy Odaniel said...

This has been going on for a looong time. Long before 2014. The whole business is a scam. They were paid to receive this junk and then just discharged it. City of Jackson should sue West Rankin Utility Authority for the damage done to the Savannah Street WWTP. Grease and soap stock type materials are the most destructive things that you could dump into the plant. Should be worth at least a couple hundred mil. You can looks back at the Brandon PD record of local odor complaints that go back to the 90’s that were clearly outside of odor tolerance and indicative of process failure. But the “big dogs” in Rankin County can get away with this...until the whole federal investigation and then it was every man for himself.

Anonymous said...

Don't overlook the real possibility that employees at DEQ are dirty. People who are paid state employee wages are often susceptible to bribery. Some provide cell phones and weed for cash. Some might overlook environmental safety requirements for cash. Don't think it's not on Shad's radar. Will DEQ simply be the next in a long line of state agencies to splatter across the headlines?

Anonymous said...

This has been an ongoing battle with the Douglas’s yet never any consequences. When is someone going to Hold them accountable and actually hold them accountable criminally?

Anonymous said...

This is getting more interesting by the day, and has the promise to continue for a while.

But KF, you need to get a new 'headline writer'. This headline states: "Brandon Sues Gold Coast for (Allegedly) Dumping......

Actually, Brandon is suing GC for dumping. Not allegedly dumping. From your article's perspective, it could be that GC has been alleged by Brandon of dumping if you are looking for the journalistic CYA statement (always claim allegedly when it hasn't been proven).

To more important issues, you raise the 64K question - why hasn't the City of Jackson filed a similar suit? Is it just their basic incompetence (certainly a possibility) or is it due to the players involved? Either, or both, is always a good chance with this bunch.

Anonymous said...

9:17. I thought that is what those charges were against Andrew Walker and his (alleged) illegal dumping.

Requesting Further Info said...

Just out of curiosity, what is the alleged race of these alleged perps who have not yet succumbed to the hammer of justice? Since it's Niknar, I assume that info is not redacted.

Anonymous said...

"Don't overlook the real possibility that employees at DEQ are dirty."

DEQ employees should be getting paid MORE, that would fight the corruption you purport, though I doubt it exists in the first place. From what I've seen, DEQ employees tend to be working there for the opportunity to correct problems, not to take dirty money under the table.

Anonymous said...

Well, your opinion is really authoritative, 4:01. I doubt you've ever worked in an industrial situation where you were in charge of environmental and safety. I have. And I've been visited by more than a few of these clowns on a quarterly basis. They could not care less if the Anhydrous valves are rusted shut or wide open. "tend to be" my ass! What's your basis for that?


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