NEW BERN, NC – Freedman Farms, Inc., a large-scale hog farming operation in Columbus County, North Carolina, and its president, William B. Freedman, have been sentenced for illegally discharging hog waste into a tributary of the Waccamaw River, a sensitive wetland area. The case, investigated by the U.S. Environmental Protection Agency (EPA) and the North Carolina State Bureau of Investigation, highlights ongoing federal efforts to enforce the Clean Water Act and hold concentrated animal feeding operations (CAFOs) accountable for environmental damage.
According to court documents, in December 2007, Freedman Farms directly discharged hog waste from its 4,800-hog facility into Browder’s Branch, a stream that feeds into the Waccamaw River and the White Marsh wetlands complex. The waste was intended to be processed and contained within the farm’s two designated lagoons, but instead, flowed directly into the waterway, posing a threat to aquatic life and potentially contaminating water sources. The initial investigation revealed a pattern of negligence in waste management practices.
The legal proceedings, which began with charges filed in February 2010, included accusations of false statements and obstruction of justice alongside violations of the Clean Water Act. Freedman Farms ultimately pled guilty in July 2011 to a felony violation of the Clean Water Act. William Freedman separately pled guilty to a misdemeanor violation related to the incident. Following a trial, the sentencing, handed down in February 2012, included significant financial penalties and incarceration for the farm’s president.
Legal Ramifications and Penalties
Freedman Farms was sentenced to five years of probation and ordered to pay a total of $1.5 million. This sum is broken down into a $500,000 criminal fine, $925,000 in restitution to address environmental damage, and a $75,000 community service payment to the Southern Environmental Enforcement Network (SEEN) for regional environmental projects. The farm is also required to implement a comprehensive environmental compliance program and conduct annual staff training. William Freedman received a sentence of six months in prison followed by six months of home confinement.
Federal prosecutors emphasized the importance of the case in demonstrating that owners and operators of CAFOs must adhere to environmental regulations. Ignacia S. Moreno, former Assistant Attorney General for the Environment and Natural Resources Division, stated that the sentencing should serve as a warning that polluting waterways will not be tolerated. U.S. Attorney Thomas G. Walker echoed this sentiment, highlighting the importance of protecting North Carolina’s natural resources.
Key Facts
- Defendant: Freedman Farms, Inc. and William B. Freedman
- Location: Columbus County, North Carolina
- Crime: Illegal discharge of hog waste into Browder’s Branch, violating the Clean Water Act
- Date of Discharge: December 2007
- Statutes Violated: 18 U.S.C. 1503 (Obstruction of Justice), 18 U.S.C. 1001 (False Statements), 18 U.S.C. 2, 18 U.S.C. 1001(a)(2), 18 U.S.C. 1001(a)(3), 33 U.S.C. 1319(c)(1)(A) (Clean Water Act violation)
- Penalties: Freedman Farms – $1.5 million in fines and restitution, 5 years probation. William Freedman – 6 months prison, 6 months home confinement.
- Number of Hogs: Approximately 4,800
Maureen O’Mara, Special Agent-in-Charge of EPA’s criminal enforcement program, underscored the EPA’s commitment to prioritizing enforcement actions against CAFOs, emphasizing the potential for significant environmental harm if wastewater is not properly managed. The case serves as a reminder of the critical role environmental regulations play in safeguarding water quality and protecting sensitive ecosystems.
Source: EPA ECHO Enforcement Case Database
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