N.M. gives agricultural chemical giant slap on the wrist for violations

By benito aragon 07/31/2008

The New Mexico Environment Department has just issued a $279,000 fine to Helena Chemical Co. for air quality violations at its Mesquite, New Mexico location. The state Environmental Protection Division delivered the citation yesterday and it included 11 alleged violations.

Helena is one of the nation's largest producers of agricultural chemicals and fertilizer. The company is an American subsidiary of one of Japan's largest trading companies, Marubeni, which has recorded record profits for the last five years, including nearly $1.5 billion last year. Marubeni deals in a variety of business areas including energy, electronics, textiles, food and real estate to name a few.

Helena has been a repeat offender in New Mexico having been issued a $36,000 fine in October of 2006 for failing to report a chemical spill, as well as a $238,000 in November 2004 for failing to obtain an air quality permit for one of their facilities.

Arturo Uribe, executive director of the Mesquite Community Action Committee, stated in the Las Cruces Sun:

While the Mesquite Community Action Committee welcomes NMED's compliance order and subsequent penalty, we believe it was not stiff enough. These fines are merely a slap on the wrist and are simply written off by Helena Chemical as the cost of doing business in New Mexico. ... How many more violations of their air quality permit must the community endure before the state of New Mexico takes more significant action against Helena Chemical.

In light of three major violation incidents in the last four years, state Environment Department Secretary Ron Curry stated in the article:

Helena continues to have lax air monitoring methods that put residents at risk — we will not tolerate that behavior from any company and will continue to ensure residents have the protection they deserve from problematic companies like Helena.

The New Mexico Environment Department issues fines based on the Air Quality Bureau Civil Penalty Policy, which is in turn guided by the EPA Clean Air Act Enforcement Compendium.

The fines levied against Helena in New Mexico within the last four years has done little to curb non-compliance and begs the question: Does a major disaster have to take place for there to be a stiff penalty? It's time to ask our legislators at the state and federal level whether the scale of operation and revenue of the business in violation should be taken into account when issuing violation fines.