New London, IA – A case of negligent water pollution stemming from a concentrated animal feeding operation (CAFO) at Etcher Family Farms culminated in sentencing on February 26, 2019, with penalties levied against the farm itself, its owner, and a key employee. The case, investigated by the U.S. Environmental Protection Agency (EPA), revealed a pattern of improper waste management leading to the illegal discharge of agricultural pollutants into a tributary of Big Creek.
According to court documents, Benjamin McFarland, while working at Etcher Family Farms on July 22, 2015, negligently oversaw the land application of agricultural waste via an umbilical hose. This process resulted in a direct discharge of pollutants from the CAFO into an unnamed tributary. Investigators determined McFarland knew the substance being applied was agricultural waste and that the application method led to an unpermitted discharge—a violation of federal law.
The EPA’s criminal enforcement action focused on the negligent discharge of pollutants, highlighting the responsibility held by those managing large-scale animal operations to prevent contamination of waterways. The operation was under the supervision of owner and operator Scott Etcher, who also faced legal repercussions for the incident. The investigation underscored the potential for significant environmental damage and the importance of adhering to Clean Water Act regulations.
Legal Ramifications
The sentencing reflects the severity of the violations. Etcher Family Farms received five years of organizational probation, a $50,000 fine, and a $400 special assessment payable to the Crime Victims’ Fund. As conditions of probation, the farm is prohibited from discharging pollutants without a permit, must establish and implement a comprehensive Environmental Compliance Plan, and will be required to pay for independent laboratory analysis of water samples collected by either the Iowa Department of Natural Resources or the EPA. Notably, the farm is barred from seeking early termination of probation until all obligations are met and the Environmental Compliance Plan has been fully implemented for two years, and must publish a public notice of the agreement in a national trade publication.
Scott Etcher was sentenced to five years of probation and a $25 special assessment. Benjamin McFarland received a lighter sentence of two years of probation and a $25 special assessment. While the individual penalties for Etcher and McFarland were less substantial than those imposed on the farm, the court’s decision signifies accountability at multiple levels of the operation.
Key Facts
- Defendant: Benjamin McFarland, Etcher Family Farms, Scott Etcher
- Location: New London, Iowa
- Date of Incident: July 22, 2015
- Statutes Violated: 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1319(c)(2)(A) – Clean Water Act violations related to negligent discharge of pollutants.
- Penalties: Etcher Family Farms – 5 years probation, $50,000 fine, $400 assessment. Scott Etcher – 5 years probation, $25 assessment. Benjamin McFarland – 2 years probation, $25 assessment.
- Nature of Crime: Negligent discharge of agricultural waste from a Concentrated Animal Feeding Operation (CAFO) into a tributary of Big Creek.
This case serves as a warning to all CAFO operators to prioritize environmental compliance and implement robust waste management practices. The EPA continues to aggressively pursue enforcement actions against those who violate the Clean Water Act and endanger the nation’s waterways.
Source: EPA ECHO Enforcement Case Database
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