Lincoln, NE – Central Feeders, Inc., a large Concentrated Animal Feeding Operation (CAFO) in Overton, Nebraska, has been sentenced following a guilty plea to a misdemeanor violation of the Clean Water Act. The case, brought forth by the U.S. Attorney’s Office for the District of Nebraska and investigated by the Environmental Protection Agency (EPA), highlights ongoing concerns regarding agricultural runoff and its impact on vital waterways.
According to court documents, Central Feeders negligently discharged livestock waste into Mud Creek on at least four occasions between April 2011 and April 2012. Mud Creek is a tributary of the Platte River, a significant waterway protected under federal law. While the discharges thankfully did not result in any documented fish kills, the incidents represent a clear breach of environmental regulations designed to safeguard water quality.
The investigation revealed that Central Feeders, Inc. had also submitted false statements, in the form of sworn affidavits, related to their compliance with environmental regulations. This added layer of deception prompted further scrutiny from federal authorities. The company’s actions raised questions about its commitment to responsible waste management and adherence to environmental standards within the agricultural industry.
On June 6, 2014, Senior Judge Richard G. Kopf of the United States District Court in Lincoln handed down the sentence. Central Feeders, Inc. was ordered to pay a $20,000 fine and placed on a three-year term of probation. As part of the probation, the company will be subjected to a comprehensive compliance plan, monitored jointly by the U.S. Probation Office and the EPA, aimed at preventing future violations.
Legal Ramifications
The company violated 33 U.S.C. 1319(c)(1)(A), a section of the Clean Water Act specifically addressing negligent discharges of pollutants from point sources. This particular statute carries a potential penalty of imprisonment for up to one year and a fine of not less than $5,000 for each day of violation. In addition to the criminal penalty, Central Feeders, Inc. has also agreed to a separate civil penalty of $38,911 with the EPA, the final approval of which is pending publication.
Key Facts
- Defendant: Central Feeders, Inc.
- Location: Overton, Nebraska
- Crime: Clean Water Act violation – negligent discharge of livestock waste
- Dates of Violations: April 2011 – April 2012
- Waterway Affected: Mud Creek (tributary of the Platte River)
- Criminal Penalty: $20,000 fine, 3 years probation
- Civil Penalty (Pending): $38,911
- Statute Violated: 33 U.S.C. 1319(c)(1)(A)
This case serves as a reminder that even seemingly minor environmental infractions can carry significant legal consequences. Federal authorities are increasingly focused on holding large agricultural operations accountable for their environmental impact and ensuring compliance with critical regulations designed to protect the nation’s water resources. The GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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