PORTLAND (AP) — The frozen foods plant owned by U.S. Senator Gordon Smith has paid a $3,900 fine for again spilling wastewater into a creek.

The Department of Environmental Quality rated the violation as of moderate magnitude and called the company’s conduct negligent given its record.

But it said there was no evidence of significant damage, and the company got credit for pumping wastewater out of the Eastern Oregon creek.

The fine announced Monday is Smith Frozen Foods’ sixth water quality penalty assessment since 1992 and “the second offense of the same sort,” said department spokeswoman Joan Stevens-Schwenger.

A year ago, the Weston company paid a $3,000 fine for a similar, smaller spill, she said.

In 1992, it was fined $25,000 and forced to make $100,000 in plant improvements after a larger spill killed virtually all aquatic life in a 23-mile stretch downstream in Pine Creek.

The most recent penalty was a result of a spill in July. The company discovered wash water spilling out of a stormwater pipe that drains to the creek and reported it to the state.

Stevens-Schwenger said the waste from taking the kernels off the corn was heading for disposal outside when the “milky discharge” dripped from a conveyer belt, pooled on the bare ground and eventually ran into the pipe.

Company officials say the spill was less than 100 gallons.

The $3,900 goes into the state general fund, said Stevens-Schwenger.

Smith owns Smith Frozen Foods of Weston, which was founded by his grandfather, but has relinquished day-to-day management. Under Senate rules, Smith cannot serve as an executive or board member of the company.