Gene Shimko, Violating 33 U.S.C. 1319(c)(2)(A), Wisconsin 2006

Exeland, WI – Gene Shimko, operating as Gene’s Sanitary Service, was sentenced in May 2006 following a guilty plea to violating the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA), centered around improper land application of domestic septage collected from septic tanks, cesspools, and portable toilets across Wisconsin.

Shimko’s business collected waste via tanker trucks and then spread the collected septage onto agricultural land. However, the EPA investigation revealed a pattern of non-compliance with crucial regulations designed to protect waterways and public health. Specifically, Shimko knowingly failed to adhere to stipulations regarding the application process, creating potential environmental hazards.

According to court documents, Shimko did not inject the septage below the surface of the land, a key requirement to prevent runoff and contamination. Furthermore, he failed to incorporate the waste into the soil within the mandated six-hour timeframe. Perhaps most concerning, Shimko neglected to raise the pH of the septage to the required level of 12 or higher—and maintain it for at least 30 minutes—using alkaline additions. This pH adjustment is critical for pathogen destruction, reducing the risk of waterborne illness.

The investigation initially led to charges being filed on February 17, 2006, alleging a knowing violation of the Clean Water Act, specifically 33 U.S.C. 1319(c)(2)(A). Shimko quickly entered a guilty plea on March 8, 2006, acknowledging the improper practices. The EPA’s enforcement efforts underscore the agency’s commitment to holding individuals and businesses accountable for environmental crimes that jeopardize public safety and the integrity of Wisconsin’s water resources.

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Penalties & Sentencing

On May 24, 2006, Shimko received a sentence of 24 months of probation, including a six-month period of home confinement. In addition to the probationary period, Shimko was ordered to pay a federal fine totaling $5,000. The relatively light sentence highlights the complexities of environmental enforcement, balancing the severity of the offense with factors such as the defendant’s cooperation and potential for rehabilitation.

Key Facts

Defendant: Gene Shimko (Gene’s Sanitary Service)
Location: Exeland, Wisconsin
Crime: Violation of the Clean Water Act (33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A))
Violations: Failure to properly inject septage, failure to incorporate into soil within 6 hours, failure to maintain required pH levels.
Sentence: 24 months probation (6 months home confinement), $5,000 fine.
Date of Plea: March 8, 2006

GrimyTimes will continue to follow environmental crime cases and report on efforts to protect our communities and natural resources. Readers with information regarding potential environmental violations are encouraged to contact the EPA’s hotline.

Source: EPA ECHO Enforcement Case Database

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