Dennis Eugene Simmons, Discharge of Pollutants, Iowa 2013

Des Moines, IA – A former employee of CTI, Dennis Eugene (Denny) Simmons, received 24 months of probation earlier this year for his role in an illegal discharge of pollutants into Iowa waterways. The case, brought forth by the Environmental Protection Agency (EPA), highlights the potential for environmental damage stemming from negligence and deliberate actions within industrial facilities.

According to court documents, Simmons, while employed at CTI, failed to properly connect an umbilical hose to a spray irrigator. This critical oversight resulted in the unauthorized release of leachate water and stormwater runoff directly into Palestine Creek, which ultimately flows into the Des Moines River. The discharge occurred without the necessary permits required under the Clean Water Act, constituting a significant violation of federal environmental regulations.

The EPA’s investigation quickly zeroed in on the preventable nature of the incident. Evidence showed that had Simmons ensured the hose was securely attached, the pollutants would have been contained and processed correctly, preventing their entry into the waterways. This wasn’t simply an accidental spill; it was a direct result of a failure to follow established protocols.

CTI, the facility where Simmons was employed, also faced legal repercussions. In January 2013, the company was sentenced to 24 months probation and ordered to pay a substantial $100,000 federal fine for negligent discharge, a violation of 33 U.S.C. 1319(c)(1)(A). Simmons himself pled guilty to knowingly discharging pollutants in violation of 33 U.S.C. 1311(a), but received a sentence of probation without a financial penalty.

While Simmons avoided a fine, the case serves as a stark warning to those responsible for maintaining environmental safeguards at industrial sites. The EPA has increasingly focused on holding individuals accountable for environmental crimes, not just the corporations they represent. Environmental advocates have pointed to this case as a positive step, though some argue that the lack of a fine for Simmons doesn’t fully address the severity of the pollution.

The incident raises concerns about oversight and training procedures at CTI, and whether sufficient measures were in place to prevent such a discharge. The Des Moines River is a vital resource for the state of Iowa, providing drinking water, recreation, and supporting a diverse ecosystem. The contamination, while contained, underscores the fragility of these resources and the importance of strict adherence to environmental laws.

Key Facts

Defendant: Dennis Eugene (Denny) Simmons
Location: Palestine Creek & Des Moines River, Iowa
Year: 2013
Statutes Violated: 33 U.S.C. 1311(a) (Simmons – knowing discharge) & 33 U.S.C. 1319(c)(1)(A) (CTI – negligent discharge)
CTI Penalty: 24 months probation, $100,000 federal fine
Simmons Penalty: 24 months probation
Incident: Failure to connect umbilical hose, resulting in untreated leachate & stormwater entering waterways.

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

Source: EPA ECHO Enforcement Case Database

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