John Michael Foote, Negligent Discharge of Pollutant, Idaho 2009

Meridian, Idaho – John Michael Foote was sentenced to five years probation and ordered to pay $15,000 in restitution following a guilty plea to a misdemeanor violation of the Clean Water Act. The incident, occurring in February of 2009, resulted in a significant environmental response effort and highlighted the dangers of improper handling of hazardous materials.

According to court documents, Foote negligently discharged approximately 280 gallons of aged diesel fuel while relocating a storage tank. The fuel spilled, initially collecting in a roadside ditch before ultimately entering a drainage system connected to Ten Mile Creek, a waterway protected under federal law. The discharge triggered an immediate investigation by the Environmental Protection Agency (EPA) and the Idaho Department of Environmental Quality (DEQ).

The resulting cleanup was deemed a Superfund response, necessitating a multi-day operation involving EPA personnel, DEQ officials, and private environmental contractors. The remediation effort aimed to contain and remove the diesel fuel, mitigating potential harm to aquatic life and the surrounding ecosystem. The $15,000 restitution ordered by the court is intended to cover the costs associated with this extensive cleanup.

Foote was initially charged on February 13, 2009, with one count of violating 33 U.S.C. §1319(c)(1)(A) of the Clean Water Act – specifically, the negligent discharge of a pollutant without a permit into waters of the United States. This section of the CWA prohibits the unauthorized release of pollutants and carries both criminal and civil penalties.

The defendant entered a guilty plea on June 30, 2009, and was subsequently sentenced the same day. The five-year probationary period will require Foote to adhere to specific conditions set by the court, ensuring future compliance with environmental regulations. Legal experts suggest this case serves as a stark reminder of the individual responsibility associated with the safe handling and storage of potentially polluting substances.

While the spill was relatively contained, authorities emphasize the potential for far greater environmental damage had the incident not been addressed swiftly. The EPA continues to prioritize enforcement of the Clean Water Act, aiming to protect the nation’s waterways from pollution and ensure accountability for those who violate environmental laws.

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Key Facts

Defendant: John Michael Foote
Location: Meridian, Idaho
Date of Incident: February 2009
Pollutant: Approximately 280 gallons of aged diesel fuel
Statute Violated: 33 U.S.C. §1319(c)(1)(A) – Negligent discharge of a pollutant.
Penalties: Five years probation and $15,000 restitution.
Response: EPA-led Superfund cleanup involving multiple agencies and contractors.

Source: EPA ECHO Enforcement Case Database

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