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Andrew Thompson, Violating Clean Water Act, New York 2016

Westfield, NY – A former Village of Westfield wastewater treatment plant employee has been sentenced for illegally dumping untreated sewage into Chautauqua Creek, a violation of federal environmental law. Andrew Thompson, 34, was sentenced on August 16, 2016, to six months of probation and ordered to pay a $10,000 fine after pleading guilty to the offense.

The case, investigated by the Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation, revealed that Thompson, serving as Chief Operator of the Westfield wastewater facility, knowingly directed the discharge of untreated sewage into the creek on June 13, 2014. This occurred while repairs were underway at the West Side Pump Station, which had initially malfunctioned on June 12th, causing an overflow of sewage. An alarm alerted Thompson to the initial overflow, demonstrating his awareness of the problem.

Instead of mitigating the situation through proper channels or awaiting authorized repairs, Thompson allegedly instructed workers to pump the untreated sewage *directly* into Chautauqua Creek. Crucially, he lacked any permit authorizing such a discharge, rendering the act a clear violation of the Clean Water Act. Prosecutors argued that Thompson, as a public servant responsible for environmental safety, should have been acutely aware of the legal and ecological ramifications of his actions.

Legal Ramifications

Thompson was charged with violating 33 U.S.C. 1311(a) of the Clean Water Act, which prohibits the discharge of pollutants – in this case, untreated sewage – into navigable waters of the United States without a valid permit. The Clean Water Act is designed to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. The penalties for violating this law can include significant fines and imprisonment, depending on the severity of the offense and whether it is deemed intentional or negligent.

U.S. Attorney’s Statement

U.S. Attorney William J. Hochul Jr. underscored the seriousness of the crime, stating, “The very purpose of the Clean Water Act is to protect our most precious natural resource. This Office will not tolerate any individual – in particular a public servant who should know better – deliberately poisoning our nation’s waterways.” Assistant U.S. Attorney Aaron J. Mango prosecuted the case, highlighting the deliberate nature of Thompson’s actions.

Key Facts

  • Defendant: Andrew Thompson, 34, Westfield, NY
  • Crime: Illegal discharge of untreated sewage into Chautauqua Creek
  • Date of Offense: June 13, 2014
  • Statute Violated: 33 U.S.C. 1311(a) – Clean Water Act
  • Sentence: 6 months probation and $10,000 fine
  • Investigating Agencies: Environmental Protection Agency (EPA) and New York State Department of Environmental Conservation

The incident serves as a stark reminder of the importance of adhering to environmental regulations, particularly for those entrusted with the operation of critical infrastructure. The long-term ecological impact of the sewage discharge on Chautauqua Creek remains to be fully assessed.


Source: EPA ECHO Enforcement Case Database

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