EXELAND, WI – Gene Shimko, owner and operator of Gene’s Sanitary Service in Exeland, Wisconsin, was sentenced in May 2006 after pleading guilty to violations of the Clean Water Act (CWA). The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of improper land application of domestic septage, posing potential risks to Wisconsin’s waterways and public health.
Shimko’s business collected waste from septic tanks, cesspools, and portable toilets, then transported it via tanker truck for application to agricultural land as a fertilizer. However, the EPA investigation uncovered that Shimko repeatedly failed to adhere to critical regulations designed to prevent contamination. These regulations, outlined in the CWA, specifically mandate how such waste must be handled and applied to ensure environmental safety.
According to court documents, Shimko knowingly violated stipulations requiring the septage to be injected below the land’s surface or incorporated into the soil within six hours of application. This practice is vital to minimize runoff and prevent pathogens from reaching groundwater and surface water sources. Further compounding the issue, Shimko also failed to properly treat the septage to achieve a consistently high pH level of 12 or higher for at least 30 minutes – a process meant to kill harmful bacteria before application.
The charges stemmed from a February 17, 2006, indictment alleging Shimko knowingly violated 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act. He subsequently entered a guilty plea on March 8, 2006. The EPA’s enforcement action highlights the agency’s commitment to holding individuals and businesses accountable for environmental crimes that jeopardize the integrity of the nation’s water resources.
Penalties and Sentencing
On May 24, 2006, Judge William G. Callahan handed down the sentence: 24 months of probation, including six months of home confinement. Shimko was also ordered to pay a $5,000 federal fine. While the penalty may seem modest, EPA officials emphasize that the case serves as a deterrent, signaling that non-compliance with environmental regulations will not be tolerated.
Key Facts
- Defendant: Gene Shimko, operating as Gene’s Sanitary Service
- Location: Exeland, Wisconsin
- Year: 2006
- Statute Violated: 33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(2)(A) – Clean Water Act violations related to improper septage land application.
- Violations: Failure to inject or incorporate septage, failure to achieve and maintain proper pH levels.
- Sentence: 24 months probation (6 months home confinement), $5,000 fine.
The Shimko case underscores the importance of strict adherence to environmental regulations within the waste management industry. The EPA continues to actively investigate and prosecute violations of the Clean Water Act to safeguard public health and the environment.
Source: EPA ECHO Enforcement Case Database
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