NM Attorney General Patricia Madrid Gets Pleas in Illegal Dumping Case Involving Gorzeman Dairy of Las Cruces
Press Release from Attorney General's Office
Dateline: Las Cruces, New Mexico
February 8, 2002
Attorney General Patricia Madrid today announced the entry of felony guilty pleas by two of five defendants, and disposition of charges against another, in the prosecution of the illegal disposal of rendering plant wastes by a Texas rendering plant operator in New Mexico. The crimes are in violation of the New Mexico Water Quality Act.
"The environment and quality of water are important to the citizens of New Mexico. We will not tolerate this kind of health hazard and environmental degradation," Attorney General Madrid said. "The guilty pleas from Texas plant owner Richard Jerome and New Mexico businessman Henry Medina marked the conclusion for these defendants of a two and a half-year investigation and subsequent prosecution of these crimes." The investigation revealed hundreds of thousands of gallons of the Texas-generated rendering plant wastewater and wastes had been illegally dumped in New Mexico in two locations. Over half of the wastewater disposals were placed directly into the Elephant Butte irrigation system which provides water to irrigated land in and around Las Cruces, New Mexico. The remaining wastewater was illegally dumped on a landfill on the mesa west of Las Cruces.
"My office was pleased to be able to work closely with the New Mexico State Police and the New Mexico Environment Department. We especially want to thank the Elephant Butte Irrigation District personnel, who played critical parts in the discovery, investigation and documentation of these crimes," Attorney General Madrid said. "In addition, we appreciated working with the Texas Natural Resource Conservation Commission. The US Environmental Protection Agency (EPA); the US Federal Bureau of Investigations (FBI); the US Attorney's Office and the Third Judicial District Attorney's Office also worked closely with us."
Richard Jerome, president of Valley By-Products, pled guilty to three felony counts and received a sentence of five years probation. In addition, he received a $200,000 fine which will go to the New Mexico Environment Department.
Henry Medina pled no contest to one felony count for unlawfully discharging a water contaminant and was given 18 months probation and a conditional discharge if the terms of his probation are successfully completed. He no longer holds a New Mexico Environment Department (NMED) permit for the disposal of septic, restaurant grease and brine wastes. Medina, owner of Southwest Septic Service, operated a landfill and held a discharge plan permit allowing him to dispose of septic, restaurant grease and brine wastes. Despite the fact that Medina's permit did not allow him to dispose of rendering plant wastewater or wastes, he allowed Jerome to dispose of his industrial waste material on a portion of the property covered by his discharge plan. Investigators estimate that as much as 280,000 gallons of rendering plant waste had been dumped at the site between 1997 and 1999.
Natalie Jerome, corporate secretary for Valley By-Products, had also been charged with the same 52 felony counts as her father. The counts against Natalie Jerome were dismissed as part of her father's plea. He took full responsibility for running the plant.
Two defendants remain charged in this prosecution and are slated for trial February 25, 2002, in Las Cruces. Hector Villa III, an environmental consultant in El Paso, TX, owns and operates Frontera Environmental. He is charged with 52 felony counts for illegal discharges of water contaminants as a result of indictments returned by a Third Judicial District Grand Jury in May 2001. Villa is a former Regional Director of the Texas Natural Resources Conservation Commission, the environmental enforcement agency in Texas. He also has served as the federal representative to the Pecos River Commission.
"Villa is a man formerly entrusted to uphold the law and the conservation of natural resources," Attorney General Madrid said. "For him to commit these crimes in order to make a profit is appalling. He is not above the law."
Larry Gorzeman owns and operates Gorzeman Dairy and he is charged with 35 felony counts for the disposals that occurred at the Elephant Butte Irrigation ditch situated behind his property.
Valley By-Products is located in Vinton, Texas, and is owned by Richard Jerome and his daughter, Natalie Jerome. The investigation led to dairyman Gorzeman, businessman Medina and environmental consultant Villa.
It is estimated at least 70 tankers of rendering plant waste were illegally dumped into the East Drain behind the Gorzeman Dairy between August 1997 and July 1999.
Rendering plant waste includes the wastewater from the processing plant, which contains animal bone, hair, fecal coliform, nitrates and other waste left from the processing of dead animals.
Dumping the wastewater into the irrigation system can lead to bacterial and biological hazard exposures to both human and animal life.
