Billings, MT – A Montana mobile home park owner was sentenced in May 1999 after illegally discharging raw sewage into a slough upstream from the City of Billings’ drinking water intake. Gerhart Blain, operator of a 200-unit mobile home court, knowingly bypassed standard sewage treatment protocols, creating a significant public health risk, according to federal investigators.
The Environmental Protection Agency (EPA) initiated an investigation after receiving reports of a suspicious pipe leading from the mobile home park’s septic system directly into the slough. Investigators discovered that Blain had intentionally installed the pipe as a solution to an overloaded septic system. The makeshift system, at peak times, was estimated to be discharging approximately 100 gallons per minute of untreated sewage – a cocktail of waste containing dangerous levels of fecal coliform bacteria.
Laboratory analysis of samples collected directly from the discharge pipe revealed alarmingly high concentrations of fecal coliform. So high, in fact, that the bacteria count was “uncountable,” according to EPA reports. Fecal coliform bacteria pose a serious threat to human health, potentially causing gastrointestinal illness, dysentery, and other severe conditions. The proximity of the illegal discharge to the City of Billings’ water intake raised the specter of widespread contamination of the municipal water supply.
Blain was initially charged on October 23, 1998, with a single count of negligent violation of the Clean Water Act (CWA). The charge stemmed from Title 18 U.S. Criminal Code and specifically cited 33 U.S.C. 1319(c)(1), which addresses negligent violations that place public health at risk. Rather than contest the charges, Blain entered a guilty plea on May 4, 1999.
The sentencing, handed down by a federal judge, included a six-month probationary period and a $10,000 fine levied against Blain. While the penalty reflects a degree of accountability, some local environmental groups have criticized the sentence as lenient, given the potential for catastrophic public health consequences. The case underscores the ongoing struggle to balance development with environmental protection, particularly in rapidly growing areas like Billings, Montana.
Key Facts
- Defendant: Gerhart Blain
- Location: Billings, Montana
- Crime: Illegal discharge of untreated sewage
- Statutes Violated: Title 18 U.S. Criminal Code, 33 U.S.C. 1319(c)(1)
- Discharge Rate: Approximately 100 gallons per minute
- Penalty: Six months probation, $10,000 fine
- Water Source Risked: City of Billings drinking water intake
- Fecal Coliform Levels: Uncountable in laboratory testing
GrimyTimes will continue to follow environmental crime cases and report on their impact on communities nationwide. Readers with information regarding potential environmental violations are encouraged to contact the EPA’s National Enforcement Hotline.
Source: EPA ECHO Enforcement Case Database
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