Salmon, ID – Local businessman Abner James Schultz was sentenced in September 2008 following a guilty plea to knowingly violating the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA), stemmed from unauthorized construction work performed on a tributary of the Salmon River in June and November of 2005. Schultz, along with Dahle Construction, L.L.C., and its owner, engaged in activities that significantly impacted the waterway and adjacent wetlands, according to court documents.
The EPA investigation revealed that despite receiving a permit from the U.S. Army Corps of Engineers – specifically authorizing work between July 1st and August 15th during low-flow conditions – Schultz directed Dahle Construction to begin work much earlier, on approximately June 10, 2005. This initial phase involved the placement of over 400 linear feet of perforated irrigation pipe, subsequently covered with roughly 300 cubic yards of rock and topsoil, directly into the tributary. This work was performed outside the permitted timeframe and without adhering to the stipulated environmental safeguards.
The unlawful activity didn’t stop there. Between November 11th and 14th, 2005, Schultz again directed Dahle Construction to dredge approximately 500 cubic yards of dirt and rock *from* the tributary itself. This dredged material was then illegally deposited along the bank of the Salmon River, below the ordinary high water mark, and into connected low-lying wetland areas. This action caused further disruption to the sensitive ecosystem and violated the terms of the original permit, effectively negating any environmental protections it intended to provide.
Legal Ramifications
On March 12, 2008, Dahle and Dahle Construction were charged with one count of negligently violating the Clean Water Act, specifically 33 U.S.C. 1319(c)(1)(A). Both entered guilty pleas. Subsequently, on May 1, 2008, Schultz was charged with a more serious offense: knowingly violating the CWA, under 33 U.S.C. 1319(c)(2)(A), reflecting a deliberate disregard for environmental regulations. Schultz also pleaded guilty to this charge.
The sentencing, handed down on September 8th and 23rd, 2008, demonstrated the severity with which federal authorities treat Clean Water Act violations. Abner James Schultz received six months of home detention, a 36-month probationary period, and was ordered to pay a substantial $30,000 federal fine. Dahle and Dahle Construction each received 12 months of probation and were ordered to pay a $15,000 federal fine. The fines are intended to cover restoration efforts and act as a deterrent against future environmental crimes.
Key Facts
- Defendant: Abner James Schultz, Dahle Construction, L.L.C.
- Location: Tributary of the Salmon River, Idaho
- Dates of Offense: June & November 2005
- Statutes Violated: 33 U.S.C. 1311, 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1319(c)(2)(A)
- Penalties: Schultz – 6 months home detention, 36 months probation, $30,000 fine. Dahle/Dahle Construction – 12 months probation, $15,000 fine each.
- Nature of Crime: Unauthorized filling and dredging of a waterway and wetlands, violating permit conditions.
This case underscores the EPA’s commitment to enforcing the Clean Water Act and holding individuals and companies accountable for environmental damage. The penalties levied against Schultz and Dahle Construction serve as a warning to others considering similar actions: disregarding environmental regulations will result in serious legal and financial consequences.
Source: EPA ECHO Enforcement Case Database
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