Jimmy W. Woodall, Pollution, KY 2004

Frankfort, KY – A Kentucky dairy farmer has been sentenced for illegally discharging pollutants into a local waterway, resulting in a significant fish kill. Jimmy W. Woodall, owner and operator of a dairy farm in Kentucky, was sentenced on July 21, 2004, following a guilty plea related to violations of the Clean Water Act (CWA).

The case originated from a report of dead fish in Duncan Creek in August of 2002. Subsequent investigation by state inspectors revealed that one of Woodall’s wastewater lagoons was overflowing, directly contaminating the creek with agricultural runoff. While the farm operated under a no-discharge permit, the overflow constituted an unauthorized release of pollutants into navigable waters, a clear breach of environmental regulations.

According to court documents, Woodall was initially charged on April 23, 2004, with one count of violating the CWA, specifically 33 U.S.C. 1311(a) pertaining to pollutant discharges, and 33 U.S.C. 1319(c)(1)(A), covering negligent violations of the Act. The prosecution argued that Woodall failed to properly maintain the wastewater lagoons, leading to the overflow and subsequent environmental damage.

The incident highlights the critical importance of responsible waste management practices within the agricultural sector. Agricultural runoff is a persistent source of water pollution across the nation, and even seemingly isolated incidents can have devastating consequences for aquatic ecosystems. Environmental Protection Agency (EPA) officials emphasize that permit holders are legally obligated to maintain their facilities to prevent such discharges.

Woodall ultimately pled guilty to the charges and received a sentence of 12 months probation. In addition to probation, the court ordered Woodall to pay $1,251 in restitution to the Kentucky Department of Fish and Wildlife Resources to help mitigate the impact of the fish kill. A $25 special assessment was also levied as part of the penalty. While the financial penalties may seem modest, legal experts note that criminal convictions under the CWA can carry significantly higher fines and even imprisonment depending on the severity of the violation and demonstrated intent.

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Key Facts

Defendant: Jimmy W. Woodall
Location: Kentucky
Year: 2004
Crime: Illegal discharge of pollutants into Duncan Creek, resulting in a fish kill.
Statutes Violated: 33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(1)(A) – Clean Water Act
Penalty: 12 months probation, $1,251 restitution to Kentucky Department of Fish and Wildlife Resources, and $25 special assessment.

GrimyTimes will continue to follow environmental enforcement cases and report on efforts to protect our nation’s waterways.

Source: EPA ECHO Enforcement Case Database

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