BISMARCK, ND – Hurley Enterprises Inc. has been sentenced to a $50,000 federal fine after pleading guilty to violating the Clean Water Act (CWA) by illegally dumping sewage waste in northwestern North Dakota. The case, a first of its kind for the North Dakota U.S. Attorney’s Office, highlights growing concerns over environmental regulations surrounding the state’s booming oil and gas industry and the handling of associated waste.
According to court documents and an investigation by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), Hurley Enterprises, a domestic sewage disposal company, routinely pumped and removed sewage sludge from oil well drilling sites, temporary worker camps, and portable toilets across North Dakota. Instead of properly disposing of the waste, Hurley illegally discharged it directly onto the ground, bypassing regulations designed to protect public health and the environment.
The illegal dumping incidents occurred on two separate occasions in 2012. On January 3rd, Hurley admitted to dumping over 78 loads of sewage at the Sipe Ranch in McKenzie County, near a tributary of Beicegel Creek. Later, on May 23rd, the company dumped sewage into a tributary feeding the Epping Spring Brook Dam in Williams County. Evidence suggests a pattern of negligence, with drivers simply opening truck tanks and allowing the sewage to flow directly onto the land, rather than uniformly spreading it as required by CWA regulations.
Statutes Violated and Penalties
Hurley Enterprises was charged with knowingly violating 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act. The CWA mandates specific protocols for the disposal of sewage sludge, including controlled spreading rates to avoid contamination and ensure proper fertilization. The company’s actions circumvented these regulations, posing a potential threat to water sources and surrounding ecosystems. In addition to the $50,000 fine and a $400 special assessment, Hurley is now subject to a two-year Compliance Plan monitored by the North Dakota Department of Health.
Broader Implications
This case is part of a larger effort by federal and state authorities to enforce environmental regulations in North Dakota, which has seen a surge in energy exploration activities. Officials warn that increased drilling and worker camps generate more waste, necessitating stricter oversight. “The strong enforcement of environmental laws is essential to preserving North Dakota’s natural resources for future generations,” stated Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We will vigorously prosecute those who cut corners at the expense of human health and the environment.”
The investigation was a collaborative effort between the EPA-CID and the North Dakota Department of Health, with the case prosecuted by Assistant U.S. Attorney Cameron Hayden and ENRD Trial Attorney Christopher Costantini. The outcome sends a clear message that illegal dumping and disregard for environmental regulations will not be tolerated. Similar charges were also brought against Mon-Dak Water & Septic Services, LLC, who also pled guilty and received the same penalty.
Key Facts
- Defendant: Hurley Enterprises Inc.
- Crime: Illegal dumping of sewage sludge in violation of the Clean Water Act.
- Location: McKenzie and Williams Counties, North Dakota.
- Dates of Offenses: January 3, 2012 and May 23, 2012
- Statute Violated: 33 U.S.C. 1319(c)(2)(A)
- Penalty: $50,000 federal fine, $400 special assessment, and a two-year Compliance Plan.
- Evidence: EPA-CID investigation revealed over 78 loads dumped at Sipe Ranch and dumping directly into tributaries.
Source: EPA ECHO Enforcement Case Database
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