Freedman Farms, Inc., Clean Water Act Violation, North Carolina 2007

Freedman Farms, Inc., a corporate hog farm in Columbus County, North Carolina, has pleaded guilty to violating the Clean Water Act after discharging hog waste into a stream that leads to the Waccamaw River.

According to the plea agreement, the farm, located in Columbus County, discharged hog waste into Browder’s Branch, a tributary to the Waccamaw River, in December 2007. The waste was supposed to be directed to two lagoons for treatment and disposal.

William B. Freedman, the president of Freedman Farms, Inc., also pleaded guilty to a misdemeanor violation of the Clean Water Act for his role in the discharge.

The Clean Water Act is a federal law that makes it illegal to knowingly or negligently discharge a pollutant into a water of the United States. The act includes as waters of the United States those that have a significant nexus to a traditional navigable water.

Freedman Farms, Inc. faces up to $1.5 million in fines, a term of five years’ probation, and publication of a public apology. William B. Freedman faces up to one year in prison.

The case was investigated by the U.S. Environmental Protection Agency (EPA) Criminal Investigation Division and the North Carolina State Bureau of Investigation, with assistance from the EPA Science and Ecosystem Support Division. The case is being prosecuted by the Assistant U.S. Attorney Gaston Williams of the Eastern District of North Carolina, and Trial Attorney Mary Dee Carraway of the Environmental Crimes Section of the Environment and Natural Resources Division.

The guilty plea is a significant step towards holding the farm and its president accountable for polluting waterways and wetlands in Columbus County and the Waccamaw River watershed.

The sentence or outcome for Freedman Farms, Inc. and William B. Freedman will be determined by U.S. Chief District Judge Louise W. Flanagan at a later date.

Freedman Farms, Inc.

Defendant/respondent: Freedman Farms, Inc.

Criminal charges: Felony violation of the Clean Water Act and misdemeanor violation of the Clean Water Act.

City and state: New Bern, North Carolina.

Exact date: December 2007.

Sentence or outcome: $1.5 million in fines, a term of five years’ probation, and publication of a public apology for Freedman Farms, Inc. William B. Freedman faces up to one year in prison.

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