EPA Fines CDI $2.79 Million for Fair Grounds Violations

Churchill Downs Inc., which owns Fair Grounds Race Course & Slots in Louisiana, has been fined $2.79 million by the Environmental Protection Agency and has reached a $5.6 million settlement to address the track's unauthorized discharges of manure, urine, and wastewater into neighboring waterways.

The EPA, in conjunction with the Department of Justice, announced the settlement and fine related to Clean Water Act violations in a news release Sept. 29.

The government's complaint alleged that since at least 2012, Fair Grounds regularly discharged untreated process wastewater into the New Orleans municipal separate storm sewer system, leading into nearby canals that flowed into Lake Pontchartrain, the Mississippi River, and ultimately to the Gulf of Mexico. Fair Grounds’ permit prohibits any discharge unless during times of heavy precipitation.

The government claimed Fair Grounds discharged wastewater after as little as a half-inch of rain fell and also during times of dry weather, collectively occurring on more than 250 occasions from 2012-18.

Fair Grounds, in operation since the mid-1800s, annually runs a Thoroughbred meet from November through March and races Quarter Horses at other times of the year.

"This consent decree will stop the flow of untreated process wastewater into the local sewer system, which leads to local waters used for fishing and ultimately Lake Pontchartrain, in a way that recognizes the challenges presented by the racetrack's urban location," said Jonathan Brightbill, the principal deputy assistant attorney general of the Justice Department’s Environment and Natural Resources Division, in the EPA release.

Churchill Downs issued a statement via Tonya Abeln, the vice president of corporate communications, noting the $5.6 million settlement would be applied to related capital improvements over the next three years.

"Fair Grounds Racetrack is one of the oldest horse racing tracks in the nation and is located in an urban location that is challenged by extreme rainfall and poor natural drainage," the statement read. "These conditions are compounded by its sea-level elevation and an antiquated New Orleans wastewater and storm water management system. 

"Churchill Downs Incorporated remains committed to protecting the environment and the health and welfare of the people of New Orleans and Louisiana."

As part of the settlement, Fair Grounds will perform sampling, monitoring, and modeling to help it and the EPA determine whether actions are successful in eliminating unauthorized discharges. 

According to the government, this case marks the highest civil penalty ever collected by the EPA in a Clean Water Act action against a concentrated animal feeding operation.