BONNER SPRINGS, KS – Ernest Oscar Bjorgaard Jr. received a 12-month jail sentence and a $200 fine on August 31, 2010, after pleading guilty to illegally dumping construction debris into Mill Creek, a tributary of the Kansas River. The case, prosecuted by the Environmental Protection Agency (EPA), highlights ongoing efforts to protect the nation’s waterways from unlawful pollution.
Bjorgaard, an employee of Bonner Springs Septic, admitted to repeatedly discarding chunks of concrete – remnants of an old driveway – down an embankment and directly into Mill Creek. The dumping occurred between Edwardsville and Bonner Springs, Kansas. Investigators determined Bjorgaard had made at least five separate dumping runs, each involving approximately four-by-six foot sections of broken concrete.
The EPA’s investigation began following reports of suspicious activity near the creek. Evidence quickly pointed to Bjorgaard and his deliberate disposal of the material. The act not only physically altered the creek bed but posed a potential threat to aquatic life and water quality, impacting the larger Kansas River ecosystem. While the amount of concrete dumped may seem small, authorities emphasize that even minor infractions can contribute to broader environmental damage.
Legal Ramifications
Bjorgaard was formally charged on February 18, 2010, with one count of violating the Rivers and Harbors Appropriation Act of 1899, specifically 33 U.S.C. § 407. This federal statute prohibits the unauthorized discharge of refuse into navigable waters of the United States. Mill Creek, as a tributary to the Kansas River – a federally recognized navigable waterway – falls under the jurisdiction of this law.
In addition to the $200 federal fine, Bjorgaard was sentenced to 12 months of incarceration followed by a 12-month period of supervised probation. The sentence sends a clear message, according to EPA officials, that intentional pollution will be prosecuted to the fullest extent of the law. The case also underscores the importance of responsible waste disposal practices, particularly for those working in the construction and septic industries.
Key Facts
- Defendant: Ernest Oscar Bjorgaard Jr.
- Location: Mill Creek, near Edwardsville & Bonner Springs, Kansas
- Date of Sentencing: August 31, 2010
- Crime: Illegal dumping of concrete into a navigable waterway
- Statute Violated: 33 U.S.C. § 407 (Rivers and Harbors Appropriation Act)
- Penalties: 12 months incarceration, 12 months probation, $200 fine
- Material Dumped: Approximately five loads of concrete chunks (4ft x 6ft)
GrimyTimes will continue to follow environmental crime cases and report on efforts to protect our nation’s natural resources.
Source: EPA ECHO Enforcement Case Database
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