CABOOL, MO – Brian Dale Fleming, owner of BF Byproducts, LLC (BFB), a grease recycling operation in Cabool, Missouri, has been sentenced for illegally dumping waste grease into a tributary of the Big Piney River. The case, investigated by the Environmental Protection Agency – Criminal Investigation Division (EPA-CID) in conjunction with the Texas County Sheriff’s Department, highlights a deliberate disregard for environmental regulations and resulted in a criminal conviction.
BFB collected used grease from restaurants across Missouri and Arkansas, paying businesses for the waste which was then resold. The operation involved collecting grease into containers at restaurant locations, transporting it to BFB’s facility on Russell Drive, and processing it for resale. However, the process generated substantial waste grease, a byproduct of separating usable grease from impurities.
Instead of properly disposing of this waste, Fleming allegedly instructed employees to pump it downhill from the processing facility, directly into an unnamed tributary feeding the Big Piney River. Residents bordering the facility repeatedly complained about finding grease in nearby ditches and waterways, prompting the EPA-CID and local authorities to execute a search warrant on April 2, 2015. Agents visually confirmed the illegal dumping, noting the absence of any required permits for discharging pollutants into the waterway.
The dumped grease constitutes a pollutant under the Clean Water Act, specifically defined in 33 U.S.C. § 1362(6). The illegal discharge not only threatened the aquatic ecosystem of the Big Piney River but also posed potential health risks to those utilizing the river for recreation or water sources. The EPA-CID’s investigation revealed a pattern of knowingly circumventing environmental protections to cut costs and maximize profits.
Legal Ramifications
On December 20, 2018, Fleming was sentenced to 12 months of probation. In addition to probation, Fleming was ordered to pay a $15,000 criminal fine and $3,818 in restitution. The charges stemmed from a violation of 33 U.S.C. 1319(c)(2) of the Clean Water Act, which prohibits the discharge of pollutants without a permit. The case serves as a stark warning to other businesses that environmental compliance is not optional and that intentional violations will be met with criminal prosecution.
Key Facts
- Defendant: Brian Dale Fleming, owner of BF Byproducts, LLC.
- Location: Cabool, Missouri
- Crime: Illegal discharge of waste grease into a tributary of the Big Piney River.
- Statute Violated: 33 U.S.C. 1319(c)(2) – Clean Water Act
- Penalty: 12 months probation, $15,000 fine, $3,818 restitution.
- Investigation: EPA-CID and Texas County Sheriff’s Department.
- Discovery: Illegal dumping confirmed via search warrant and visual observation in 2015.
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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