Charles L. Blair, Negligent Discharge of Pollutants, Kansas 2014

HAYS, KS – A former city official in Hays, Kansas, has been sentenced for a negligent violation of the Clean Water Act, according to a Department of Justice release. Charles L. Blair, 58, formerly the wastewater treatment superintendent for the City of Hays, received one year of federal probation and a $2,500 fine after pleading guilty to illegally discharging pollutants into a waterway.

The case, investigated by the Environmental Protection Agency (EPA), centers around a February 2012 incident where effluent released from the Hays wastewater treatment plant exceeded both state and federal regulatory limits for ammonia nitrogen. Blair admitted in his plea that he negligently allowed the discharge of wastewater containing a dangerously high concentration of the pollutant – measuring 46.2 milligrams per liter – significantly breaching acceptable levels.

The Clean Water Act, enacted to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, sets strict standards for pollutant discharge from municipal wastewater treatment plants. The specific statute violated was 33 U.S.C. § 1319(c)(1)(A), which criminalizes negligent discharges of pollutants, even without intent to violate the law. The EPA routinely monitors wastewater facilities and pursues enforcement action against those who fail to comply with permit requirements.

U.S. Attorney Barry Grissom highlighted the importance of holding individuals accountable for environmental violations. “Protecting our water resources is a critical responsibility,” Grissom stated. “This case demonstrates that those who negligently endanger our waterways will be held accountable.” The severity of the violation lies not only in the exceeding levels of ammonia nitrogen, which is toxic to aquatic life, but also in the superintendent’s direct responsibility for maintaining the facility and ensuring compliance.

While the penalty in this case – a year of probation and a $2,500 fine – may seem relatively light, legal experts note that misdemeanor environmental crimes often carry such sentences, particularly when there is no evidence of intentional wrongdoing. However, the conviction serves as a warning to other wastewater treatment operators and municipal officials about the importance of diligent monitoring and adherence to environmental regulations. The EPA continues to prioritize enforcement of the Clean Water Act to protect public health and the environment.

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Key Facts

Defendant: Charles L. Blair, 58, Hays, Kansas
Crime: Negligent discharge of pollutants in violation of the Clean Water Act
Date of Violation: February 2012
Statute Violated: 33 U.S.C. § 1319(c)(1)(A)
Penalty: 12 months of federal probation and a $2,500 fine
Pollutant: Ammonia nitrogen – discharged at 46.2 mg/L, exceeding legal limits
Charged: August 13, 2013
Plea/Sentence: December 4, 2013

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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