Herbert L. Corn, Violating 33 U.S.C. 1319(c)(4), Indiana 2009

ROCHESTER, IN – A former public official in Rochester, Indiana, has served time for deliberately falsifying water pollution reports, a scheme that spanned at least four years. Herbert L. Corn, the city’s former POTW (Publicly Owned Treatment Works) Superintendent, was convicted of violating the Clean Water Act (CWA) after intentionally manipulating data to conceal the true extent of pollutants discharged from the Rochester wastewater treatment plant.

The investigation, which culminated in a guilty plea, revealed that Corn altered figures on official “bench sheets” – the primary records of pollutant levels – in no fewer than 55 documented instances. By reducing reported pollutant levels, Corn attempted to mislead both state and federal environmental regulators, creating a false impression of compliance with environmental standards. This deception effectively masked potential environmental damage and avoided potential fines or corrective action against the city.

Federal prosecutors detailed how Corn systematically changed the raw data, substituting accurate readings with lower, fabricated numbers. The motivation behind the scheme remains unclear, but the falsification was extensive and deliberate, indicating a sustained effort to deceive authorities. The altered reports were then submitted to the Indiana Department of Environmental Management (IDEM) and the Environmental Protection Agency (EPA), forming the basis for the city’s compliance record.

On June 30, 2009, Corn was formally charged in an Information with five counts of violating 33 U.S.C. 1319(c)(4), the section of the Clean Water Act specifically addressing false statements regarding pollutant discharge monitoring. He immediately pled guilty to all charges, acknowledging his culpability in the scheme. The EPA’s criminal enforcement division led the investigation, working in conjunction with the Department of Justice.

Table of Contents

Toggle

Sentencing and Penalties

On September 15, 2009, Corn received his sentence for the violations. Judge Robert W. Miller imposed a 12-month and one-day term of incarceration, followed by three months of home detention and a year of supervised probation. In addition to the custodial sentence, Corn was ordered to pay a $500 fine. While a relatively light sentence, the case serves as a warning to other public officials responsible for environmental monitoring. The EPA routinely pursues criminal charges against individuals who deliberately falsify data related to environmental regulations.

This case underscores the critical importance of accurate environmental reporting. The falsification of data not only undermines the integrity of environmental regulations but also poses a potential threat to public health and the environment. The EPA continues to prioritize the investigation and prosecution of individuals who attempt to circumvent environmental laws for personal or institutional gain.

Key Facts

Defendant: Herbert L. Corn
Location: Rochester, Indiana
Year: 2009
Crime: Falsification of Clean Water Act reports
Statute Violated: 33 U.S.C. 1319(c)(4) – False Statements
Sentence: 12 months and 1 day incarceration, 3 months home detention, 1 year probation, $500 fine
Number of Falsified Reports: At least 55 instances
Position Held by Defendant: POTW Superintendent, City of Rochester, Indiana

Source: EPA ECHO Enforcement Case Database

Related Federal Cases