Des Moines, IA – James William Akers, Jr., owner of Capital City Septic, was sentenced to twelve months of probation in September 2008 after pleading guilty to federal charges of making false statements to Iowa environmental regulators. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed a deliberate attempt to deceive the Iowa Department of Natural Resources (DNR) regarding wastewater discharge compliance.
According to court documents, Akers knowingly submitted falsified data related to National Pollutant Discharge Elimination System (NPDES) sampling. The NPDES permit program controls the discharge of pollutants into U.S. waters. Capital City Septic, as a permitted facility, was required to regularly sample its wastewater and report the results to the DNR to demonstrate adherence to environmental standards. The EPA alleges Akers submitted inaccurate sample results, potentially masking violations of permitted discharge levels.
The investigation began after discrepancies were identified by DNR staff during a routine review of submitted data. Further scrutiny revealed that the reported sample data did not align with expected levels and raised concerns about the integrity of the testing process. The EPA’s Criminal Investigation Division was brought in to conduct a full investigation, which confirmed the submission of fraudulent documentation by Akers on behalf of Capital City Septic.
Akers was initially indicted on August 7, 2007, on three counts of making false statements, a violation of Title 18 U.S. Code, Section 1001. This federal statute prohibits knowingly and willfully making any false statement of material fact in any matter within the jurisdiction of the federal government. While a conviction under 18 U.S.C. 1001 can carry a maximum penalty of five years in prison and a substantial fine, Akers received a comparatively lenient sentence of twelve months probation with no financial penalty imposed by the court.
The relatively light sentence has drawn some criticism from environmental advocacy groups, who argue that falsifying environmental data poses a significant risk to public health and the environment. They contend that stronger penalties are needed to deter similar misconduct in the future. The EPA, however, maintains that the case serves as a reminder that those who attempt to circumvent environmental regulations will be held accountable, even if the consequences appear minimal.
This case highlights the critical importance of accurate reporting in environmental compliance. The falsification of data not only undermines the integrity of the permitting process but also potentially puts communities and ecosystems at risk. The EPA continues to prioritize investigations into environmental crimes, focusing on those who prioritize profit over environmental protection.
Key Facts
- Defendant: James William Akers, Jr. (Capital City Septic)
- State: Iowa
- Year: 2008
- Crime: Making False Statements
- Statute Violated: 18 U.S.C. 1001
- Penalty: 12 months probation, no fine
- Details: Akers submitted falsified NPDES sampling data to the Iowa DNR.
- Indictment Date: 08/07/2007
- Sentencing Date: 09/12/2008
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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