Des Moines, IA – Carl Simon, the owner and operator of the Carl Simon Dairy Farm in Iowa, was sentenced to 30 months in federal prison in April 2005 for illegally discharging liquid dairy manure into a local waterway. The case, pursued by the Environmental Protection Agency (EPA) and investigated by federal authorities, highlights a deliberate and damaging disregard for environmental regulations and public health.
According to court documents, Simon intentionally constructed a trench extending from his earthen manure storage basin directly to the edge of his property. This trench led to a ditch connected to the Heritage Trail and ultimately discharged into Hogans Branch, a tributary of a larger Iowa waterway. The practice effectively used the natural drainage system as an illegal sewage line, contaminating the water with animal waste.
The EPA began investigating Simon’s operation following complaints and observations of visible pollution impacting Hogans Branch. Investigators discovered the purposefully-built trench and confirmed the direct discharge of liquid manure. The discharge posed a significant threat to aquatic life, recreational users of the waterway, and potentially local drinking water sources. The deliberate nature of the construction – a trench specifically designed for illegal discharge – was a key factor in the severity of the charges.
Simon was initially charged on April 8, 2004, with five counts of violating the Clean Water Act (CWA). He ultimately pled guilty to the charges, acknowledging his responsibility for the unlawful pollution. The prosecution argued that Simon knowingly violated federal law, prioritizing cost-cutting measures over environmental protection and regulatory compliance. The case underscores the EPA’s commitment to pursuing criminal penalties against those who intentionally pollute U.S. waters.
Legal Ramifications & Penalties
Simon was convicted under 33 U.S.C. 1311(a), which prohibits the discharge of any pollutant from a point source into navigable waters without a permit, and 33 U.S.C. 1319(c)(1)(A), which covers knowingly violating the Clean Water Act. In addition to the 30-month prison sentence, Simon received a 12-month probationary period following his release. He was also ordered to pay a $400 special assessment fee and a judicially mandated fine of $5,000. These penalties are intended to both punish the offender and deter others from similar environmental crimes.
Key Facts
- Defendant: Carl Simon
- Location: Carl Simon Dairy Farm, Iowa
- Year of Sentencing: 2005
- Crime: Illegal discharge of liquid dairy manure into Hogans Branch.
- Statutes Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1)(A)
- Penalty: 30 months imprisonment, 12 months probation, $400 assessment, $5,000 fine
- Method: Constructed a trench from manure storage to a waterway.
The Simon case serves as a stark reminder that environmental crimes carry significant legal consequences. The EPA continues to actively investigate and prosecute individuals and entities that jeopardize the nation’s waterways, ensuring that environmental regulations are enforced and the public’s right to clean water is protected.
Source: EPA ECHO Enforcement Case Database
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