Confluence Consulting, Inc., Illegal diversion of the East Gallatin River, Montana 2010

BOZEMAN, MT – A Montana consulting firm has been slapped with a federal fine for illegally diverting a portion of the East Gallatin River during a bank stabilization project. Confluence Consulting, Inc., based in Bozeman, pled guilty to a Clean Water Act violation and was sentenced in December 2010, bringing a close to a case initially uncovered through aerial photography and local conservation district complaints.

The case dates back to March 2007 when Confluence, hired by property owner Joe Billion, began work on stabilizing the bank of the East Gallatin River adjacent to Billion’s land. According to court documents, the firm constructed concrete barriers within the riverbed, diverting the natural flow to facilitate the project. While the Army Corps of Engineers had granted a permit for bank stabilization, the unauthorized construction of the dams and cofferdams violated the terms of that permit and federal environmental regulations.

Doug Chapman, of Montana Aircraft, Inc., first alerted authorities when aerial photographs taken on March 30, 2007, revealed the unauthorized structures in the river. The Gallatin Conservation District subsequently received complaints and, during an April 19, 2007 meeting, Confluence’s project manager, James Lovell – also the owner and registered agent for the company – admitted they lacked the necessary 310 permit for the concrete barriers. Lovell maintained the dams were intended for temporary use, but conflicting accounts emerged regarding their duration.

EPA Special Agent Brandon Solari investigated the incident, interviewing both Billion and Lovell. Billion claimed the plan was to remove the dams daily, while Confluence initially stated they were only left in place overnight twice. However, Lovell ultimately conceded to Solari that the dams were built at his direction and were necessary to complete the job, despite being unauthorized. This admission proved critical in establishing Confluence’s culpability.

Key Facts

Defendant: Confluence Consulting, Inc.
Location: Bozeman, Montana
Crime: Illegal diversion of the East Gallatin River in violation of the Clean Water Act.
Statutes Violated: 33 U.S.C. 1319(c)(2)(A) and 33 U.S.C. 1311(a)
Date of Offense: March 30, 2007
Penalty: $10,000 federal fine plus a $125 special assessment.
Investigation Agency: Environmental Crimes Section of the Environmental Protection Agency

The U.S. Department of Justice prosecuted the case, securing a guilty plea from Confluence on September 21, 2010. The firm faced potential penalties of up to $25,000 per day of violation and a year of supervised release. Ultimately, U.S. Magistrate Judge Jeremiah C. Lynch imposed a $10,000 fine and a $125 special assessment during sentencing on December 1, 2010. While the financial penalty is relatively modest, the case serves as a reminder of the strict regulations governing work conducted near waterways and the potential consequences for non-compliance. This incident underscores the EPA’s commitment to enforcing the Clean Water Act and protecting Montana’s valuable natural resources.

GrimyTimes will continue to follow environmental crime cases and provide updates as they develop.

Source: EPA ECHO Enforcement Case Database

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