John Affourtit, Knowingly Polluting a Waterway, Kentucky 2022

Hardin County, KY – John Affourtit, 62, was sentenced this month after pleading guilty to knowingly polluting a Kentucky waterway with industrial waste, a case that highlights the ongoing struggle to protect the state’s natural resources from illegal dumping. The incident, dating back to March 2017, involved the illicit disposal of oily waste originating from an abandoned zinc plating facility.

According to court documents, Affourtit was contracted to clear out machinery pits at the defunct facility, which had already been cited for environmental violations months prior. Instead of properly disposing of the accumulated oily waste sludge, Affourtit pumped approximately 500 gallons into a water trailer and transported it to his residential property. He then discharged the contents directly into a creek running through his land, a tributary of the Salt River – a traditionally navigable waterway of the United States.

The illegal dumping was discovered after a concerned neighbor reported smelling oil and observing visible contamination in the creek and surrounding ground. This prompted a cleanup operation, during which investigators uncovered further evidence of wrongdoing. Contractors discovered additional waste originating from the zinc plating facility illegally dumped in an earthen berm on Affourtit’s property, including containers bearing the defunct company’s labels.

Affourtit initially attempted to mislead authorities, claiming his stepson and a friend were responsible for dumping only a few gallons of oil. However, the scope of the contamination quickly revealed a much larger and deliberate act. Further complicating the case, Affourtit attempted to circumvent proper hazardous waste disposal procedures after hiring contractors to contain the spill. While the cleanup crew identified a bottle of sodium hydroxide – a dangerous chemical – requiring specialized disposal, Affourtit, upon learning the associated costs, opted to take it to a household hazardous waste facility instead of a commercial one.

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Legal Ramifications

Affourtit was sentenced on April 4, 2022, to 12 days of incarceration, followed by six months of home detention and a 36-month probation period. He was also ordered to pay a $5,500 fine. The sentence stems from a guilty plea to violating 33 U.S.C. 1321(b)(3) of the Clean Water Act, which prohibits the discharge of oil or hazardous substances into navigable waters of the United States. Prosecutors emphasized the seriousness of the offense, citing the potential harm to aquatic life and the broader environmental consequences of such actions.

Key Facts

Defendant: John Affourtit
Location: Hardin County, Kentucky
Date of Offense: March 2017
Crime: Illegal discharge of oily waste into a tributary of the Salt River.
Statute Violated: 33 U.S.C. 1321(b)(3) – Clean Water Act
Penalty: 12 days incarceration, 6 months home detention, 36 months probation, $5,500 fine.
Waste Origin: Abandoned zinc plating facility with prior environmental violations.

This case serves as a stark reminder of the EPA’s commitment to enforcing environmental regulations and holding polluters accountable. The agency continues to investigate and prosecute individuals and companies who prioritize profit over the health of our waterways and communities.

Source: EPA ECHO Enforcement Case Database

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